CORNELL 
 
 university 
 library; 
 
 The elaborate space given to prison riiles andexperiences 
 during the Confederate War exceeds vkiai -was originally in- 
 tended, so that the order of the articles is somewhat irregular. 
 In a sense, there is repetition of expression in a few brief in- 
 stances, but the needed emphasis will excuse that. Other im- 
 portant features are necessarily held orenh'for another issue. 
 When the hope of securing a picture ^.f -Captain Wirz was 
 well-nigh abandoned, the following telegram was received 
 from H. R. Schade, Washington, D. C. : "No picture of Wirz 
 in family. Only one in existence, prdperty of government. 
 Can have copy made by artist for half-tone use for ten dol- 
 lars. Wire if you want it." The reproduction is here given. 
 
 MAJ. HENRY WIRZ. 
 
DATE DUE 
 
 1924 027 053 184 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924027053184 
 
INDEX 
 
 THE EXECUTIYE DOCUMENTS 
 
 HOUSE OF REPRESENTATIVES OF THE UNITED STATES 
 
 SECOND SESSION OF THE FOETIETH CONGRESS. 
 
 Title. 
 
 Vol. 
 
 Part. 
 
 No. 
 
 Page. 
 
 Adjutant General of the army. Annual report of the 
 
 Agriculture, Commissioner of, relative to duty on foreign stock. 
 Letter from the 
 
 Agriculture, Commissioner of, relative to twenty per cent, extra 
 compensatio.n. Letter from the 
 
 Agriculture, Commissicmer of, in response to House resolution 
 of December 9. Report of the 
 
 Agriculture, Commissioner of, transmitting memorial of the 
 Tennessee Horticultural Society relative to import duties. 
 Letter from the 
 
 Alabama election. Letter from the Secretary of War, transmit- 
 ting a report by Major General Meade relative to 
 
 Alaska, lands in. Letter from the Secretary of the Interior 
 relative to survey of 
 
 Alaska. Message from the President of the United States rela- 
 tive to 
 
 American citizens, rights of, message from the President of the 
 United States relative to trial and conviction of 
 
 Appropriations for reconstruction. Letter from the Secretary of 
 War relative to 
 
 Appropriations for Post Office Department. Letter from the 
 Secretary of the Treasury, transmitting a letter from the 
 Postmaster General relative to 
 
 Appropriations for War Department. Letter from the Secre- 
 tary of the Treasury, transmitting estimates of 
 
 Appropriations for expenses of Osage Indians. Letter from the 
 Secretary of the Interior, transmitting estimate of 
 
 Appropriations, deficiencies in, for Interior Department. Letter 
 from the Secretary of the Interior relative to 
 
 Appropriations for reconstruction. Letter from the Secretary 
 of War, transmitting estimates of 
 
 Appropriation for public buildings and grounds. Letter from 
 the Secretary of War, transmitting communication from Chief 
 of Engineers relative to an 
 
 Appropriation for friendly Indians. Letter from the Secretary 
 of the Interior relative to an 
 
 Appropriations for Pottawatomie Indians. Letter from the 
 Secretary of the Interior, transmitting estimates of. 
 
 Appropriations for friendly Indians, Letter from the Secretary 
 of the Interior relative to 
 
 Appropriation for destitute Indians. Letter from the Secretary 
 of the Interior, transmitting report relative to 
 
 2 
 11 
 
 7 
 9 
 
 15 
 15 
 
 9 
 11 
 13 
 
 7 
 
 7 
 
 7 
 
 11 
 
 11 
 
 20 
 
 19 
 19 
 17 
 17 
 15 
 
 1&2 
 
 1 
 
 121 
 
 55 
 
 91 
 
 188 
 238 
 
 80 
 125 
 1.57 
 
 41 
 
 12 
 
 19 
 
 103 
 
 105 
 
 313 
 
 309 
 296 
 290 
 255 
 236 
 
 416 
 
IV 
 
 INDEX. 
 
 Title. 
 
 Appi'cipriations fur public buildings. Letter from the Secretary 
 of AVar, transmitting^ estimates of 
 
 Appropriations fur the Chippewa Indians. Letter from the 
 Secretary of the Interior, sub.mittirig estimates of 
 
 Appropriations fur harhor and' river improvements. Letter 
 from the Secretary of War, transmitting revised e.stimates of. 
 
 Appropriations for Indian service in California. Letter from 
 the Secictary of the Interior, submitting estimates for the . . . 
 
 Appropriations for Sissiton and Wahpeton Indians. Letter 
 from the Secretary of tlie Interior relative to 
 
 Appropriations, deficiency in, for Indian tribes Letter from 
 the Secretary of the Interior, transmitting estimates of 
 
 Appropriations for Indian treaties. Letter from the Secretary 
 of the Interior relative to 
 
 Appropriations for State Departmeiat. Message from the Presi- 
 dent of the United States, transmitting a report from the Sec- 
 retary of State relative to 
 
 Appropriations for Sioux Indians. Letter from the Secretary 
 of tlie Interior, transniitting estimates of additional 
 
 Appropriations for Navajo Indians. Letter from the Seeretaiy 
 of the Interior, transmitting communication from Commis- 
 sioner of Indian Affairs relative to 
 
 Appropriations for treaty with Sioux Indians. Letter from the 
 Secretary of the Interior relative to 
 
 Arkansas and South Carolina. Message from the President, 
 transmitting all papers relative to 
 
 Arkansas, election in. Letter from the General of the army, 
 transmitting Major General Gillem's report of 
 
 Armory at Rock Island. Letter from the Secretary of War ad 
 interim, transmitting joint resolution relative to the 
 
 Arms, 'manufacture of. Letter from the Secretary of War, 
 transmitting report of the Chief of Ordnance relative to the.. 
 
 Army, estimated diminution of the. Letter from the Secretary 
 of War, transmitting statement of the 
 
 Arsenal, Bergen Heights. Letter from the Secretary of War, 
 transmitting papers relative to the 
 
 Arsenal, Schuylkill. Letter from the Secretary of War, trans- 
 mitting communication from the Quartermaster General rela- 
 tive to 
 
 Assassination of President Lincoln. Message from the Presi- 
 dent of the United States, transmitting a report of Geo H. 
 Sharpe relative to the 
 
 Attorney General relative to the title to property at Harper's 
 Ferry. Letter from the 
 
 Attorney General relative to twenty per cent, additional com- 
 pensation. Letter from the 
 
 Attorney General relative to Indian trust fund. Letter frouQ 
 the • ■ 
 
 Attornej' General relative to counsel employed by him. 
 from the 
 
 Letter 
 
 Vol. 
 
 Part. 
 
 Auditor of the Treasury for the Post Office Department of the 
 operations of his office for the year ending June 30, 1867. 
 Annual report of the Sixth 
 
 15 
 15 
 15 
 15 
 15 
 11 
 11 
 
 11 
 15 
 
 15 
 20 
 17 
 17 
 7 
 9 
 20 
 19 
 
 7 
 
 9 
 
 9 
 15 
 
 No. 
 
 233 
 228 
 224 
 200 
 199 
 110 
 124 
 
 140 
 184 
 
 185 
 331 
 
 274 
 278 
 6 
 83 
 314 
 307 
 
 10 
 
 08 
 17 
 43 
 59 
 198 
 
 Banks, national, securities of. Letter from the Secretary of the 
 
 Treasury, transmitting a report relative to 15 220 
 
 Battery in New York. Letter from the Secretary of War relative 
 
 to the purchase of certain land on the 15 232 
 
 Bingham's surge reliever. Letter from the Secretary of the 
 
 Mavy relative to 13 jg5 
 
 Bonds, ten-forty. Letter from the Secretary of the Treasury 
 relative to the amount of bonds issued or disposed of by de- 
 partment since October 1, J867 II X28 
 
INDEX. 
 
 Title. 
 
 Bonds. Letter from the Si'cretary of the Treasury, transmitting 
 a statement of the purchase and sale of 
 
 Bonds, commission paid on the sale of. Letter from the Secre- 
 tary of the Treasury relative to 
 
 Bosque Redondo reservation. Letter from the Secrelary of 
 War relative to the 
 
 Bounties paid. Letter from the Secretary of War relative to 
 bounties paid under the act of July 2><, 18fi6 
 
 Bridge at Rook island. Letter from the Secretary of War, 
 recommending an appropriation for 
 
 Buffum, Robert. Letter fr ^m the Secretary of War, trans- 
 mitting^ a communication from the Judge Advocate General 
 relative to 
 
 Buildings leased in New Yoik and Brooklyn. Letter from the 
 Seciefary ol War in answer to a resolution of the House of 
 November 28, relative to " 
 
 Buildings leased in St. Lonis. Letter from the Secretary of 
 War. transmitting, in answer to a resolunon of the House of 
 the 26th of November, a statement of 
 
 C. 
 
 California and Nevada volunteers. Letter from the Secretary 
 of War relative to 
 
 Canal, ship, around the falls of the Ohio river. Message from 
 the President of the United States, transmitting report rela- 
 tive to the 
 
 Canal, Dismal Swamp. Letter from the Secretary of the Treas- 
 ury, trKUhinitting an opinion by the Attorney General relative 
 to the sale ot the , 
 
 Canadian fisheries. Letter from the Secretary of the Treasury, 
 transmitting a commuuication from George W.'Brega rela- 
 tive to 
 
 Capitol extension. Annual report of the architect of the 
 
 Capitol, repair.-* of. Letter from the Secretary of the Interior, 
 asking further appiopriations for the 
 
 Chattarmoga rolling mill. Letter from the Secretary of War 
 relative to the sale of 
 
 Cherokee neutral lands. Letter from the Secretary of the In- 
 terior ri-lative to 
 
 Choctaw nation, claims of. Letter fiom the Secretary of the 
 Interior relative to the 
 
 Clerks in the Patent OlEce. Letter from the Secretary of the 
 Interior relative to 
 
 Clerks in the Interior Department. Letter from the Secretary 
 of the Interior, transmitting list of clerks appointed since 
 April 1 
 
 Coal, contracts for. Letter from the. Secretary of the Navy, 
 transuiittiug statement relative to the purchase of 
 
 Coast Survey Annual report of the Superintendent of the.. . 
 
 ' Coinage of five-cent pieces. Letter from the Secretary of the 
 
 Treasury relative to 
 
 CoUector.s, deputy, pay of. Letter from the Secretary of the 
 Treasury relative to 
 
 Colorado militia. Letter from the Secretary of War, transmit- 
 ting accounts of the 
 
 Columbia hospital. Letter from the Secretary of the Interior, 
 transinittuig report of the directors of the 
 
 Columbian hospital. Annual report of the directors of the 
 
 Columbian Institution for the Deaf, Dumb, and Blind. Re- 
 port ot the president of the 
 
 Commercial relations of the United States with foreign nations. 
 Report of the Secretary of State of the 
 
 Commissary department Letter from the Secretary of War 
 relative to an increase of 'officers in the 
 
 Commissary General of Subsistence. Annual report of the.. - 
 
 Vol. 
 
 Part. 
 
 No. 
 
 7 
 
 
 34 
 
 15 
 
 
 242 
 
 ]5 
 
 
 248 
 
 20 
 
 
 320 
 
 J9 
 
 
 306 
 
 9 
 
 
 74 
 
 7 
 
 
 9 
 
 7 
 
 
 15 
 
 7 
 
 
 24 
 
 15 
 
 
 181 
 
 11 
 
 
 135 
 
 17 
 3 
 
 1 
 
 29.-, 
 
 I 
 
 7 
 
 
 21 
 
 9 
 
 
 77 
 
 11 
 
 
 132 
 
 11 
 
 
 138 
 
 17 
 
 
 254 
 
 17 
 
 
 287 
 
 20 
 18 
 
 
 333 
 275 
 
 n 
 
 
 100 
 
 20 
 
 
 324 
 
 7 
 
 
 7 
 
 7 
 3 
 
 i 
 
 29 
 1 
 
 3 
 
 1 
 
 1 
 
 14 
 
 
 160 
 
 7 
 2 
 
 i 
 
 37 
 1 
 
VI 
 
 INDEX. 
 
 Title. 
 
 Compensation, 20 per cent. Letter from the Secretary of War 
 
 relative to 
 
 Compensation, 20 per cent. Letter from the Commissioner of 
 
 Agriculture relative to 
 
 QompensatioD, 20 per cent. Letter from the Secretary of the 
 
 Interior relative to 
 
 Compensation, 20 per cent. Letter from the Attorney General 
 
 relative to 
 
 Compensation, 20 per cent. Letter from the Postmaster Gen- 
 eral relative to.-.. 
 
 Compensation, 20 per cent. Letter from the Secretary of State 
 
 relative to 
 
 Compensation, 20 per cent. Letter fromj the Secretary of the 
 
 J?avy relative to - 
 
 Compensation, 20 per cent. Letter from the Secretary of the 
 
 Treasury relative to 
 
 Compensation, 20 per cent. Letter from the War Department 
 
 relative to 
 
 Confederate property in Europe. Letter from the Secretar}' of 
 
 the Treasury relative to certain efforts of that department for 
 
 the recovery of 
 
 Contracts by quartermasters' department. Letter from the 
 
 Secretary of War, transmitting a statement of 
 
 Contracts by engineer department. Letter from the Secretary 
 
 of War, traftsmitting list of 
 
 Contracts by ordnance department. Letter from the Secretary 
 
 of War, transmitting a statement of 
 
 Contracts by quartermasters' department. Letter from the 
 
 Secretary of War, transmitting a statement of 
 
 Contracts by quartermasters' department. Letter from the 
 
 Secretary of War, transmitting statements of 
 
 Contracts by the quartermasters' depvtment. Letter from 
 
 the Secretary of War, transmitting statement during the 
 
 month of March, 1 868, of 
 
 Cooper, Edmund. Letter from the Secretary of the Treasury 
 
 relative to 
 
 Corks, duty on. Letter from the Secretary of the Treasury 
 
 relative to 
 
 Correspondence, Grant and the President. Letter from the 
 
 Secretary of War relative to ,,, 
 
 Counsel employed by the Attorney General. Letter from the 
 
 Attorney General relative to 
 
 Court of Claims, judgment in. Letter from the Secretary of 
 
 the Treasury relative to 
 
 Cox, John T. Letter from the Secretary of War, transmitting 
 
 report relative to 
 
 Currency. Annual report of the Comptroller of the 
 
 CuBtom-house buildings at Pittsburg. Letter from the Sec- 
 retary of the Treasury relative to the condition of 
 
 Custom-house at Toledo. Letter from the Secretary of the 
 
 Treasury relative to the 
 
 Davis, Jefferson, capture of. Letter from the Secretary of War 
 transmitting information on file in that department relative to. 
 
 Disbursements: contingent fund of the State Department." 
 Letter from the Secretary of State, transmittit^ statements of. 
 
 Disqualifications of certain civil officers. Letter from the Sec- ' 
 retary of War, transmitting communication from the com- 
 manding general of first military district relative to 
 
 Dodge, General, report. Letter from the Secretary of" the" 
 Interior, transmitting 
 
 Duty on foreign stock. Letter from the Commissioner' of' 
 Agriculture relative to the 
 
 Vol. 
 
 9 
 
 7 
 7 
 7 
 7 
 7 
 7 
 7 
 7 
 
 19 
 7 
 11 
 11 
 11 
 13 
 
 17 
 15 
 9 
 11 
 15 
 17 
 
 n 
 
 6 
 20 
 19 
 
 11 
 11 
 
 19 
 20 
 11 
 
 Part. 
 
 No. 
 
 Page. 
 
 63 
 55 
 42 
 43 
 44 
 50 
 52 
 53 
 54 
 
 304 
 35 
 130 
 145 
 148 
 167 
 
 256 
 
 217 
 
 72 
 
 149 
 
 198 
 
 288 
 
 147 
 4 
 
 323 
 
 305 
 
 115 
 139 
 
 302 
 331 
 121 
 
INDEX. 
 
 VII 
 
 Title. 
 
 E. 
 
 Education. Annual report of the Commissioner of 
 
 Elections in first military district, expenses of. Letter from the 
 ■ Secretary of War, transmitting communication from General 
 Schofield relative to 
 
 Elections in southern States Letter from the General of the 
 army, transmitting reports of the district commanders of the- 
 
 Elections in Georgia, North Carolina, and South Carolina. 
 Letter from the General of the army, transmitting report of 
 General Meade ; also two orders of General Canby relative to. 
 
 Elections in North and South Carolina. Letter from the Gen- 
 eral of the army, transmitting abstract from General Cauby's 
 report relative to the 
 
 Election in Alabama. Letter from the Secretary of War, trans- 
 mitting report from the General of the army relative to recent 
 
 Engineer department. Letter from the Secretary of War, 
 recommending the passage of a resolution for the settlement 
 of accounts of certain officers of the 
 
 Engineer of the army. Keport of the operations of his depart- 
 ment during the year ended June 30, 1 867 
 
 Estimates of appropriations required for the service of the fiscal 
 year ending Juno .30, 1869 
 
 Papers accompanying the above. 
 
 Estimates of additional appropriations for 1868, and details . .. 
 
 permanent appropriations for three quarters 1868. 
 
 Letter of Secretary of the Treasury, transmitting estimates 
 
 for 1869 
 
 Legislative : 
 
 Compensation and mileage of senators • 
 
 of officers, clerks, &c., in service of the Senate 
 
 Contingent expenses of the Senate 
 
 Compensation and mileage of members of House of Repre- 
 sentatives 
 
 Compensation and mileage of officers, &c., in service of 
 House of Representatives 
 
 Contingent expenses of House of Representatives 
 
 Compensation of Congressional Printer, clerks, &c 
 
 Contingent expenses of office of Congressional Printer 
 
 Compensation of librarian of Congress, &c 
 
 Contingent expenses of library, purchase of books, &c 
 
 Salaries of Court of Claims 
 
 Contingent expenses, compensation of attorneys, payment of 
 judgments 
 
 Executive : 
 
 Compensation of President of the United States 
 
 Vice*President of the United States - - . 
 
 Compensation of private secretary of President of the United 
 
 States 
 
 Contingent expenses of the executive office 
 
 Department of State : 
 
 Salaries in office of Secretary of State 
 
 Contingent expenses of Department of State. 
 
 General purposes of northeast executive building 
 
 Treasury Department salaries : 
 
 Office of Secretary of the Treasury 
 
 First Comptroller 
 
 Second Comptroller 
 
 Commissioner of Customs 
 
 First Auditor 
 
 Vol. 
 
 Part. 
 
 19 
 
 15 
 
 17 
 
 19 
 
 19 
 19 
 
 No. 
 
 299 
 
 244 
 291 
 
 300 
 
 301 
 303 
 
 3 
 3 
 
 a 
 
VIII 
 
 INDEX. 
 
 Title. 
 
 OfSce of Second Auditor 
 
 Third Auditor 
 
 Fourtl] Auditor 
 
 Fifih Auditor 
 
 Auditor Post Office Department 
 
 Treasurer of the United States 
 
 Register of the Treasury 
 
 Solicitor of the Treasury 
 
 Comptroller of the Currency 
 
 Paper, special dies, &c., of office of Comptroller of the 
 
 Currency 
 
 Office of Commissioner of Internal Revenue 
 
 Rent, dies, &c, of office of Commissioner of Infernal Revenue 
 Salaries and expenses of collectors, assessors, tfcc of inter- 
 nal revenue 
 
 Detecting and bringing to trial persons violating internal 
 revenue laws 
 
 Contingent expenses of the Treasury Department: 
 
 Temporary cleiks in the Treasury Department .- 
 
 Additional clerks in the Treasury Department 
 
 Contingent of Treasury Department and bureaus 
 
 Stationery for Treasury Depaitnjeut and bureaus 
 
 Furniture, carpets, &c., for Treasury Department and 
 
 bureaus 
 
 General purposes of southeast executive building 
 
 Department of the Interior: 
 
 Salaries in office of Secretary of the Interior 
 
 Commissioner General Land Office 
 
 Indian office 
 
 Pension office 
 
 Contingent expenses in office of Secretary of the Interi' r 
 
 Contingent expenses in office of Commissioner of Indian 
 
 Affairs 
 
 Contingent expenses in office of Commissioner of Pensions . 
 Contingent expenses in office of Coujnjissioner General Laud 
 
 office 
 
 Compensation of surveyor genera] and clerks 
 
 Expenses of courts of the United States - 
 
 Compiling, &c. , Biennial Register 
 
 War Department: 
 
 Salaries in office of Secretary of War 
 
 Adjutant General 
 
 Quartermaster General 
 
 Pay master General 
 
 Commissary General 
 
 Surgeon General 
 
 Chief Engitieer 
 
 Colonel ot Orduan<;e 
 
 Military Justice , 
 
 Salaries in signal office 
 
 Contingent expenses in office ol Secretary of War and bureaus, 
 Salaiies and contingent expenses of northwest executive 
 
 building ; 
 
 Salaries and contingent expenses of building corner of Sev- 
 enteenth and F stieets , 
 
 Salaries and contingent expenses of building corner of Fif- 
 teenth and F streets 
 
 Navy Department: 
 
 Salaries in office of Secretary of the Navy 
 
 Bureau of Yards and Docks 
 
 Equipment and Recruiting 
 
 Navigation 
 
 Vol. 
 
 Part. 
 
 No. 
 
 Page. 
 
INDEX. 
 
 IX 
 
 Title. 
 
 Salaries in Bureau of Ordnance 
 
 Construction and Repair 
 
 Steam Engineering 
 
 Provisions and Clothing 
 
 Medicine and Surgery 
 
 Contingent expenses in office of Secretary of the Navy and 
 
 bureaus 
 
 Salaries and cuntingencies in southwest executive buildiug . 
 
 in iiffice of Postmaster (ieneial 
 
 Contingent expenses of Post Oflfice Department 
 
 Department ot Agricultuie 
 
 Education 
 
 Mint of United Sfales at Philadelphia, and branches, &c.-. 
 
 Independent trea^uiy ' 
 
 Governments in the Temtorics 
 
 Salaries in i office of Attorney General 
 
 Contingent expensi-s of Attorney General 
 
 Justices of Supreme Court of tlie Ujiited States 
 
 District judges of the United States 
 
 Courts of Disirict of Columbia 
 
 Eeporter ot decisions of Supreme Court of the United States, 
 
 Di>tiict attorneys of the United States 
 
 Marshals 
 
 Intercourse with foreign nations 
 
 Miscellaneous : 
 
 Expenses of loans, &c 
 
 Supervising and Uical inspectors 
 
 Electiical telegraph between the Atlantic and Pacific 
 
 Detection aud bringing to trial, &c., counterfeiters 
 
 Eeliet ot sick and disabled seamen 
 
 Collecnon of statistical inforination 
 
 Revision and ciaisolidaticm of laws of the United States 
 
 Bringing virtes for Piesident and Vice-President 
 
 Survey of coast of the United Static ■ 
 
 Light-hi use < stablichnieut 
 
 Sundry light houses, beacons, buoyK, &c 
 
 custom-houses, court-houses, &c 
 
 Under diiection of the Interior Department: 
 
 Rent of office fc r surveyor genet al, &c 
 
 Public w(riks in Wnslungton 
 
 Smithsonian 1 n^titution 
 
 Jail in District of Columbia 
 
 Government Hospital for Insane 
 
 Metropolitan Police 
 
 Columbian lostitutionfor Deaf and Dumb 
 
 Hospital for Women, &c 
 
 Collecting revenue from sale of lands 
 
 Surveying public lands 
 
 Pensions 
 
 Current expenses of Indian department 
 
 Annuities to Indian tribes 
 
 General expense of Indian department 
 
 War Department : 
 
 Army proper 
 
 Armoiy, atsenals, &c 
 
 Military Academy 
 
 FortiticatiotLS, &c 
 
 Harbor and river improvements 
 
 Public buildings and grounds 
 
 Navy Departmei.t 
 
 Eecapitulatiou of annual estimates 
 
 Estimates of pernianent appropriations for 1869.. 
 Statement of balances of appropriations 
 
 Vol. 
 
 Part. 
 
 No. 
 
INDEX. 
 
 Title. 
 
 Vol. 
 
 Part Ne. 
 
 Page. 
 
 Estimates of Postmaster General 
 
 Details of Congiessioiial Printer 
 
 Department of Agriculture 
 
 Mint of United States, Assay Office, New York, &c. 
 
 United Stales Coast Survey 
 
 Light-house establishment 
 
 Details of Interior Department : 
 
 Current expenses of Indian department 
 
 Annuities to various Indian tribes .' 
 
 Miscellaneous items of Indian department 
 
 Collecting revehue from sales of public lands 
 
 Compeujtation of surveyors general and clerks 
 
 Rent of offices for surveyors general, &c 
 
 Surveying public lands — -- 
 
 Columbian Institute for Deaf and Dumb 
 
 Government hospital for insane 
 
 Public works, Capitol extension, &c 
 
 Pensions 
 
 Metropolitan Police 
 
 Jail in District of Columbia 
 
 Smithsonian Institution — i. 
 
 Details of War Department : 
 
 Pay of the army, &c 
 
 Quartermasters' department 
 
 Surgeon General's office 
 
 Ordnance office 
 
 Military Academy 
 
 Office of Chief Engineer 
 
 Signal office 
 
 Bureau Military Justice 
 
 Details of Navy Department : 
 
 Bureau of Yards and Docks 
 
 Equipment and Eecruiting . 
 
 Navigation 
 
 Ordnance 
 
 Construction and Repair — 
 
 Steam Engineering 
 
 Provisions and Clothing 
 
 Medicine and Surgery 
 
 Marine corps 
 
 E. 
 
 Estimates for the Post Office Department. Letter from the 
 Postmaster General, transmitting 
 
 Estimates of appropriations for surs'ey of Indian lands. Letter 
 from the Secretary of the Interior, transuiitling 
 
 Estimate of appropriation, Paymaster General. Letter from 
 the Secretary of the Treasury, transmitting 
 
 Estimate of appropriations for Navy Department, revised. Let- 
 ter from the Secretary of the Navy, transmitting 
 
 Estimates of appropriations, revised. Post Office Department. 
 Letter from the Postmaster General, transmitting 
 
 Estimates of appropriations for the General Land Office for the 
 year ending June '.id, J869. Letter from the Secretary of the 
 Interior relative to 
 
 Estimates for surveying service. Letter from the Secretary of 
 the Interior relative to 
 
 Famine in Sweden and Norway. Message from the President 
 of the United States relative to the 
 
 7 
 
 7 
 
 9 
 
 11 
 
 11 
 
 15 
 15 
 
 11 
 
 46 
 
 56 
 
 69 
 
 111 
 
 120 
 
 182 
 192 
 
 151 
 
INDEX. 
 
 XI 
 
 Title. 
 
 Vol. 
 
 Part. 
 
 No. 
 
 Finances for the year 1867. Eeport of the Secretary of the 
 Treasury on the. . 1 
 
 Florida. Message from the President of the United States, 
 transmitting papers relative to proceedings in 
 
 Foreign intercourse, contingent expenses of. Message from the 
 President of the United States relative to 
 
 Fort Eiley military reservation. Letter from the Secretary of 
 War relative to the 
 
 Fort Covicgton. Letter from the Secretary of War, transmit- 
 ting draught of joint resolution for the sale of the site of 
 
 Fort David Russell. Letter from the Secretary of War, trans- 
 mitting a report relative to establishing an arsenal at 
 
 Fort Leavenworth, right of way. Letter from the Secretary 
 of War, transmitting papers relative to 
 
 Fort Leavenworth military reservation. Letter from the Sec- 
 retary of War, transmitting a communication relative to the 
 sale of 
 
 Fort Gratiot reseivation, sale of. Letter from the Secretary of 
 War relative to 
 
 Froedmen, Refugees, and Abandoned Lands, Bureau of. Report 
 of the Commissioner of 
 
 Freedmen and taxation. Communication from the Commis- 
 sioner of Freednien's Affairs, transmitting petition of colored 
 people of Kentucky relative to 
 
 Freednien's affairs in Kentucky and Tennessee. Letter from 
 the Secretary of War, transmitting report of Major General 
 Carlin relative to , 
 
 G. 
 
 General of the army, transmitting an abstract from General 
 Canby relative to elections in North and South Carolina. 
 Letter from the 
 
 General of the army, transmitting report by General Meade rela- 
 tive to elections in Georgia ; also two orders by General Canby, 
 commanding 2d military district. Letter from the 
 
 General of the army, transnritting reports of the district com- 
 manders of the elections in southern States. Letter from the 
 
 General of the army, relative to the number of votes cast for 
 the new constitution. Letter from the 
 
 General of the army, transmitting Major General Gillem's report 
 of the recent election in Arkansas. Letter from the 
 
 General of the army, transmitting telegram from General George 
 G. Meade. Letter from 
 
 General of the army, transmitting correspondence with General 
 Hancock relative to the removal of New Orleans councilmen. 
 Letter from the 
 
 General of the army, relative to the removal of the city council 
 of New Orleans. Letter from the 
 
 German States, rights of naturalized citizens in. Message from 
 the President of the United States relative to 
 
 Gettysburg asylum lottery. Letter from the Commissioner of 
 Internal revenue relative to 
 
 Gold, sales of. Letter from the Secretaiy of the Treasury, 
 transmitting statement of, since March, 1861 
 
 Goldsborough, Louis M. Letter from the Secretary of the Navy 
 relative to 
 
 Grant, General, relative to the removal of Hon. E. M. Stanton, 
 General Sheridan, and General Sickles. Letter from 
 
 H. 
 
 Hancock, General W. S. Message from the President of the 
 United States recommendingsooie recognition of the services of. 
 
 Harbors on Lake Ontario. Letter firom the Secretary of War 
 relative to 
 
 19 
 
 15 
 
 15 
 
 11 
 
 13 
 
 15 
 
 20 
 
 19 
 
 19 
 17 
 17 
 17 
 11 
 
 13 
 
 15 
 
 15 
 
 9 
 
 17 
 
 7 
 
 7 
 
 9 
 11 
 
 2 
 297 
 219 
 206 
 88 
 64 
 108 
 
 170 
 
 234 
 
 1 
 
 70 
 
 329 
 
 301 
 
 300 
 291 
 
 284 
 
 278 
 
 98 
 
 172 
 
 209 
 
 223 
 
 61 
 
 265 
 
 40 
 
 57 
 
 58 
 119 
 
XII 
 
 INDEX. 
 
 Title. 
 
 Harbor at Wilson, New York. Letter from the Secretary of 
 War, tran.smittiiig commimication from the Chief of Eoftineers 
 relativi' ro the - 
 
 Harbor at Mii-liigan City. Letter from the Secretary of War 
 relative to " ^ --- 
 
 Harl-or at Alton, Illinois. Letter from the Secretary of War 
 relative to 
 
 Hardt, Adam. Letter from the Secretaiy of Warrelative to the 
 claim of - 
 
 Harper's ferry, property at. Letter from the Attorney General 
 relative to 
 
 Hayti. Messagefrom thePresident of the United States, trans- 
 mitting comniUiiicatioti from the Secretary of the Navy rela- 
 tive to a naval force at 
 
 Holliidiiy, Beuiamin, contracts with. Letter from the Post- 
 master (leneral, transmitting copies of all 
 
 House of Correction. Report of the board of trustees of the.. 
 
 I. 
 
 Immigration, board of, expenditures of the. Letter from the 
 Secietary of State relative to the 
 
 Income tax. Letter from the Secretiiry of the Treasury relative 
 to the -, 
 
 Indian spoliation claims. Letter from the Secretary of the In- 
 terior lelative to 
 
 Indians, Me-shin-go-me-sia band. Letter from the Secretary of 
 the Iiiterioi relative to issuing patents to the 
 
 Indian trust iund. Letter from the Attorney General, trans- 
 mitting papers relative to the 
 
 Inoians, c-iuux, destitution of. Letter from the Secretary of the 
 Interior, transmitting a communicaiiun from Conmiissioner of 
 Indian Affaiis relative to 
 
 Indian p-tace commissiiners, report c f. Message from the Presi- 
 dent of the Inited S'ates, transmitting 
 
 Indians, Qiiapaw Letter from the Secretary of the Interior, 
 transmitting comuiunicatiou relative to the suffering condi- 
 tion of the 
 
 Indian. Sioux, reservation. Letter from the Secretary of the 
 Inteiior relative to the sale of 
 
 Indians, Cherokee, interest to. Letter from the Secretary of the 
 Inteiior relative to 
 
 Indians, Iowa. Letter from the Secretary of the Interior rela- 
 tive to the petition of the 
 
 Indian Affairs, Commissioner of. Letter from the Secretary of 
 the Inteiior transmitting estimate oi' appropriations to supply 
 deticieiicy in the office of the 
 
 Indians, Cherokee, annuities to. Letter from the Secretary of 
 the Trt-asui y, asking an appropriation for pa^ ing 
 
 Indians, Cieek, refugees. Letter from the Secretary of the In- 
 terior, trausniitiiug esiimates of appropriation for the removal 
 of the 
 
 Indian affairs, transfer of jurisdiction over. Letter from the 
 Secretary of the Ti easuiy relative to 
 
 Indians ot Aleutian isles. Letter from the Secretary of the In- 
 terior, ivcomniendiugan appropriation for 
 
 Indian Atfairs„ Annual report of the Commissioner of 
 
 Indians, Chippewa, appropriations for. Letter from the Secre- 
 tary of the Interior, submitting estimates of 
 
 Indian tiibes, subsistence of. Letter from the Secretary of War, 
 transniiitiufr communication from Lieutenant General Sher- 
 man lelative to ~. 
 
 Indians, Chippewa. Letter from the Secietary of the Interior, 
 transmitting report relative to the necessities of the 
 
 InJian service, disbursements fur the. Letter from the Secre- 
 tary of the Interior, transmitting statement of 
 
 Vol. 
 
 ]5 
 15 
 17 
 
 19 
 
 1.5 
 3 
 
 7 
 11 
 1.5 
 
 7 
 9 
 
 9 
 11 
 
 11 
 11 
 11 
 II 
 
 11 
 13 
 
 13 
 
 13 
 
 15 
 3 
 
 15 
 
 15 
 
 15 
 
 9 
 
 Part. 
 
 No. 
 
 213 
 
 2l-i 
 
 257 
 
 63 
 
 17 
 
 29S 
 
 201 
 1 
 
 18 
 156 
 194 
 
 45 
 59 
 
 76 
 97 
 
 122 
 137 
 141 
 152 
 
 155 
 173 
 
 175 
 
 176 
 
 216 
 1 
 
 228 
 
 239 
 
 246 
 71 
 
INDEX. 
 
 XIII 
 
 Title. 
 
 Vol. 
 
 Part. 
 
 No. 
 
 Indians, Sioux. Letter from the Spcretary of the Interior, trans- 
 mitting letter from General Sibley relative to the destitute 
 condition of the .' 
 
 Indian tribes in Kansas. Letter from the Secretary of the In- 
 terior, transmitting report of A. K. Banks relative to the desti- 
 tute condition of 
 
 Indians, destitute friendly. Letter from the Secretary of the 
 Interior relative to an appropriation for 
 
 Indians, Pottawatomie, appropriations for Letter from the 
 Secretary of the Interior, transmitting estimates of 
 
 Indians, Navajo and Ute, removal of. Letter from the Secre- 
 tary of the Interior, transmitting telegram from General Sber 
 man relative to 
 
 Indians, Great and Little Osage. Message from the President 
 of the United States relative to a treaty with the 
 
 Indian hostilities in California. Letter from the Secretary of 
 War relative to 
 
 Indians, Seneca, treaty stipulations with. Letter from the Sec- 
 retary of the Interior, transmitting estimate of appropriations 
 to carry out 
 
 Indians, Kickapoo. Letter from the Secretary of the Interior 
 relative to the 
 
 Indian hospital. Annual report of the board of vi.iitors for the. 
 
 Inspectors, supervisors and local. Letter from the Secretary 
 of the Treasury relative to the expenditures for salaries of-. .- 
 
 Inspector General and Inspector of the Military Academy. An- 
 nual report ofthe 
 
 Interior. Annual report of the Secretary of the 
 
 Papers accompanying the above. 
 
 Annual report of the Commissioner of the General Land OflBce. 
 
 Annual report ot the Commissioner of Pensions 
 
 Annual report of the Columbia Institution for the Deaf and 
 Dum b 
 
 Annual report of the board of visitors and superiiatendent of 
 construction of the Government Hospital for the Insane 
 for the year ]8t)6-'67 
 
 Annual report ofthe Metropolitan Police for the year 1867..- 
 
 Annual repot 1 1 if the architect of the Capitol extension 
 
 Annual repurt of the warden of the United States jail 
 
 Report of the board of trustees of the House of Correction. .. 
 
 Annual report ofthe directors of Columbian Hospital 
 
 Interior, askiug further appropriations for repairs of the old por- 
 tion of the Capitol. I..etter from the Secretary of the.. .. . .. 
 
 Interior, transmitting a report ofthe directors of the Columbia 
 
 Hospital. Letter from the Secretary of the 
 
 Interior, trausLriitting papers relative to Union Pacific railroad. 
 
 Letter from the Secretary of the 
 
 Interior, asking an appropriation for deficiency in pension fund. 
 
 Letter from the Secretary of the 
 
 Interior, tiansniitting report of the condition of public buildings 
 
 in New Mexico. Letter from the Secretary ot the 
 
 Interior, relative to sale of Otoe Indian reservation. Letter 
 
 from the Secretary of the 
 
 Interior, relative to twenty per cent, compensation. Letter 
 
 from the Secretary ofthe 
 
 Interior, relative to the Me-shin-go-me-sia band of Indians. 
 
 Letter from the Secretary of the 
 
 Interior, askiug appropriation for the Pateut Office. Letter 
 
 from the Secretary of the 
 
 Interior, transmitting estimates for survey of Indian land. Let- 
 ter from the Secretary of the , 
 
 Inteiior, transmitting communication from the Commissioner 
 
 of the General Land Office relative to publication of maps. 
 
 Letter from the Secretary ofthe 
 
 17 
 
 17 
 17 
 17 
 
 19 
 19 
 20 
 
 20 
 
 20 
 3 
 
 l,2i&3 
 
 262 
 
 263 
 
 264 
 
 '290 
 
 308 
 310 
 322 
 
 332 
 
 340 
 1 
 
 30 
 
 1 
 1 
 
 1 
 1 
 1 
 1 
 1 
 1 
 
 21 
 
 29 
 
 31 
 
 32 
 
 33 
 
 38 
 
 42 
 
 45 
 
 49 
 
 56 
 
 66 
 
XIV 
 
 INDEX. 
 
 Title. 
 
 Interior, transmitting communication from the Commissioner of 
 Indian Affairs relative to destitution of Sioux Indians. Let- 
 ter from the Secretary of the 
 
 Interior, relative to the survey of land in Alaska. Letter from 
 
 the Secretary of the 
 
 Interior, transmitting report relative to the sale of certain Indian 
 
 lands in Kansas. Letter from the Secretary of the 
 
 Interior, transmitting estimates of appropriations for expenses 
 
 of Osage Indians. Letter from the Secretary of the 
 
 Interior, transmitting estimate of appropriations for survey of 
 land for the benefit of Cheyenne and Arapahoe Indians. Let- 
 ter from the Secretary of the 
 
 Interior, transmitting draught of appropriations required by 
 Interior Department for the present fiscal year. Letter from 
 
 the Secretary of the 
 
 Interior, transmitting estimates of appropriations for Indian 
 
 tribes. Letter from the Secretary of the 
 
 Interior, submitting a clause to be inserted in the appropriation 
 bill relative to the purchase of the United States statutes. 
 
 Letter from the Secretary of the 
 
 Interior, transmitting communication from the Commisioner of 
 Indian Affairs relative to the suffering condition of the Qua- 
 
 paw Indians. Letter from the Secretary of the 
 
 Interior, relative to appropriations for carrying on Indian 
 
 treaties. Letter from the Secretary of the 
 
 Interior, relative to the Cherokee neutral lands in Kansas. Let- 
 ter from the Secretary of the 
 
 Interior, relative to the survey of the Choctaw country. Letter 
 
 from the Secretary of the 
 
 Interior, relative to the sale of the Sioux Indian reservation. 
 
 Letter from the Secretary of the 
 
 Interior, relative to the claim by the Choctavv' Nation against 
 
 the United StH tes. Letter from the Secretary of the 
 
 Interior, relative to the payment of interest to Cherokee Indians. 
 
 Letter from the Secretary of the 
 
 Interior, relative to the petition of the Iowa Indians. Letter 
 
 from the Secretary of the 
 
 Interior, transmitting estimates of deficiencies in the office of 
 the Commissioner of Indian Affairs. Letter from the Secre- 
 tary of the 
 
 Interior, transmittiirg estimates of appropriation for the removal 
 
 of the Creek Indians. Letter from the Secretary of the 
 
 Interior, relative to estimates of appropriation required by the 
 General Land Office for the year ending June 31), 1889. Let- 
 ter from the Secretary of the 
 
 Interior, transmitting estimates of additional appropriations for 
 various bands of Sioux Indians. Letter from the Secretary 
 
 of the 
 
 Interior, transmitting communication from the Commissioner 
 of Indian Affairs relative to the Navajo Indians in New 
 
 Mexico. Letter from the Secretary of the 
 
 Interior, transmitting report of the commission to select a site 
 for n post office in the city of New York. Letter from the 
 
 Secretary of the 
 
 Interior, relative to certain liabilities on account of records fur- 
 nished for the use of the register of deeds for the District of 
 
 Columbia. Letter from the Secretary of the 
 
 Interior, relative to the proposed reduction of estimates for the 
 surveying service for the year ending June 30, 1869. Letter 
 
 from the Secretary of the 
 
 Interior, relative to amount of Indian spoliation claims in the 
 Department of the Interior. Letter from the Secretary of the. 
 Interior, relative to an appropriation to carry out treaty stipula- 
 tions with the Sissiton and Wahpeton bands of Dakota In- 
 dians. Letter from the Secretary of the 
 
 Vol. 
 
 Part. 
 
 9 
 
 9 
 
 9 
 
 11 
 
 11 
 
 n 
 
 11 
 
 11 
 
 11 
 11 
 11 
 11 
 11 
 
 n 
 11 
 11 
 
 11 
 
 13 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 15 
 
 15 
 
 No. 
 
 76 
 
 80 
 
 85 
 
 103 
 
 104 
 
 105 
 
 no 
 
 113 
 
 122 
 124 
 132 
 133 
 137 
 138 
 141 
 152 
 
 155 
 175 
 
 182 
 
 184 
 
 185 
 
 190 
 
 191 
 
 192 
 194 
 
 199 
 
 Page. 
 
INDEX. 
 
 XV 
 
 Title. 
 
 Interior, submitting estimate of appropriation for the Indian 
 service in California, incurred during the years 1860 to 1867. 
 Letter from the Secretary of the 
 
 Interior, relating to report of commissioners under treaty with 
 the Choctaw and Chickasaw Indians. Letter from the Secre- 
 tary of the 
 
 Interior, relative to the grant of lands to Iowa for railroad pur- 
 poses, by act approved May 1 5, 1856. Letter from the Sec- 
 retary of the 
 
 Interior, recommending an appropriation to be expended in 
 presents for the Indians of the Aleutian isle, in Alaska. Let- 
 ter from the Secretary of the 
 
 Interior, transmitting report relative to removing certain desti- 
 tute Indians, with estimates of appropriations needed there- 
 for. Letter from the Secretary of the 
 
 Interior, transmitting report relative to the necessities of the 
 Chippewa Indians, and recommending an appropriation for 
 their relief. Letter from the Secretary of the 
 
 Interior, transmitting statement of disbursements for the Indian 
 service. Letter from the Secretary of the 
 
 Interior, relative to the necessity of increased force of clerks in 
 the Patent Office. Letter from the Secretary of the 
 
 Interior, relative to an appropriation for subsisting friendly In- 
 dians. Letter from the Secretary of the 
 
 Interior, transmitting communication from the Commissioner 
 of Indian Affairs relative to the survey of the eastern bound- 
 ary of the Choctaw and Chickasaw country. Letter from the 
 Secretary of the 
 
 Interior, transmitting letter from General Sibley relative to the 
 destitute condition of the Sioux Indians. Letter from the 
 Secretary of the 
 
 Interior, transmitting report of A. E. Banks relative to the des- 
 titute condition of Indian tribes in Kansas. Letter from the 
 Secretary of the 
 
 Interior, transmitting communication from the Commissioner 
 of Indian Affairs relative to an appropriation to destitute 
 friendly Indians. Letter from the Secretary of the 
 
 Interior, transmitting list of clerks appointed since April 1. 
 Letter from the Secretary of the, 
 
 Interior, transmitting estimates of appropriations to carry out 
 treaty stipulation with the Pottawatomie Indians. Letter 
 from the Secretary of the 
 
 Interior, transmitting information relative to the irrigation of 
 public lands. Letter from the Secretary of the 
 
 Interior, transmitting a communication from the Commissioner 
 of Indian Affairs relative to an appropriation for certain 
 friendly Indians. Letter from the Secretary of the 
 
 Interior, transmitting telegram from General Sherman relative 
 to the removal of the Navajo and Ute .Indians. Letter from , 
 the Secretary of the 
 
 Interior, asking an appropriation to carry out treaty stipulations 
 with certain Sioux Indians. Letter from the Secretary of the 
 
 Interior, transmitting estimates of appropriations for damages 
 sustained by settlers in Nebraska. Letter from the Secretary 
 of the 
 
 Interior, transmitting Major General Dodge's report. Letter 
 from the Secretary of the 
 
 Interior, transmitting estimate of appropriation to carry out 
 treaty stipulations with Seneca and other tribes of Indians. 
 Letter from the Secretary of the 
 
 Interior, transmitting statement relative to the Kickapoo In- 
 dians. Letter from the Secretary of the '. 
 
 Internal Revenue. Annual report of the Commissioner of 
 
 Internal Revenue, relative to the Gettysburg Asylum lottery. 
 Letter from the Commissioner of 
 
 15 
 
 
 200 
 
 15 
 
 
 204 
 
 15 
 
 
 215 
 
 15 
 
 
 216 
 
 15 
 
 
 236 
 
 15 
 
 
 246 
 
 9 
 
 
 71 
 
 17 
 
 
 254 
 
 17 
 
 
 255 
 
 17 
 
 
 259 
 
 17 
 
 
 262 
 
 17 
 
 
 263 
 
 17 
 
 
 264 
 
 17 
 
 
 287 
 
 17 
 
 
 290 
 
 17 
 
 
 293 
 
 19 
 
 
 296 
 
 19 
 
 
 308 
 
 20 
 
 
 321 
 
 20 
 
 
 325 
 
 20 
 
 
 331 
 
 20 
 
 
 332 
 
 20 
 6 
 
 
 340 
 5 
 
 9 
 
 
 61 
 
XVI 
 
 INDEX. 
 
 Title. 
 
 Internal Rpvenne, relative to the mode of taxincr the Shaker 
 association at New Lebanon, N. Y. Letter from the Comaiis- 
 sioner of 
 
 Irrigation of public lands. Letter from the Secretary of the 
 Interior, transmilting information relative to 
 
 Iron-clads, sale of. Letter from the Secretary of the Navy rela- 
 tive to the ; - - - 
 
 Iron-clad monitors. Message from the President of the United 
 States transmittins: report from the Secretary of State relative 
 to the sale of the Oneoto and Catawba 
 
 Iron-clads of Europe and this country. Report of Captain 
 Eades on ■." " ' 
 
 Island, San Juan. Letter from the Secretary of War relative 
 the occupancy of 
 
 J. 
 
 Jail. Annual report of the warden of the United States 
 
 Japanese treaty fund. Letter from the Secretary of State rela- 
 tive to the 
 
 Judge Advocate General. Annual report of the 
 
 L. 
 
 Land Office, General. Annual report of the Commissioner of 
 the 
 
 Papers accompanying the above. 
 
 No. L Tabular statement showing the number of acres of 
 public lands surveyed in the land States and Territories up 
 to June 30, 1866, during the last fiscal year, and the total 
 of the public lands surveyed up to June 'SO, 1867 ; also, the 
 total area of the public domain remaining unsurveyed 
 within the same *. 
 
 No. 2. Statement of public lands sold, of cash and bounty- 
 land scrip received therefor; number of acres entered under 
 the hiimestead law of May 20, 1862; of commissions re- 
 ceived under the sixth .section of said act ; also land located 
 with scrip un 'er the agricultural college and mechanic act 
 of July 2, 1862, and commissions received by registers and 
 receivers on the value thereof; and statement ot incidental 
 expenses thereon in the first half of the fiscal year com- 
 mencing July 1, 186R, and ending June 30, 1867 
 
 No. 3. Statement showing like particulars for the second half 
 of the fiscal year ending June 30, 1867 
 
 No. 4. Summary for the fiscal year ending June 30, 1867, 
 showing the number of acres disposed of for cash, with 
 bounty-land scrip, by entry under the homestead laws of 
 May 20, 1862, and March 21, 1864, with aggregate of $10 
 homestead payments, homestead commissions ; also, loca- 
 tions with agiicultural college and mechanic scrip, under 
 act of July 2, 1862'. 
 
 No. 5. Statement showing the quantity of swamp lands 
 selected for the several States under the acts of Congress 
 approved March 2, 1849, and September 28, 185U, and 
 March 12, ISGCt, uo to and ending September 30, 1865 
 
 No. 6. Statement exhibiting the quantity of swamp land ap- 
 proved to the several States under the acts of Congress 
 approved March 2, 1849, September 28, 1850, and March 
 12, I860, up to and ending September 30, 1867 
 
 No. 7. Statement exhibiting the quantity of swamp land 
 patented to the several States under the acts of Congress 
 approved September 28, 1850, and March 12, 1860; and 
 also the quantity certified to the State of Louisiana under 
 the act approved March 2, 1849 
 
 Vol. 
 
 Part. 
 
 9 
 17 
 17 
 
 17 
 20 
 15 
 
 3 
 
 9 
 2 
 
 No. 
 
 82 
 293 
 294 
 
 294 
 327 
 226 
 
 Page. 
 
 531 
 
 1 523 
 
 29 
 
 253 
 
 258 
 262 
 
 268 
 
 270 
 
 270 
 
 271 
 
INDEX. 
 
 XVII 
 
 Title. 
 
 No. 8. Exhibit of bounty -land business under acts of 1647, 
 1850, 1852, and 1855, showing the issue and locations from 
 the commencement of the operations under said acts to 
 June 30, 1 8B7 
 
 No. 9. Statement showing the State selections under the 
 "internal improvement" grant of 4th of September, 1841, 
 and on the 3Uth of June, 1867--V 
 
 No. 10. Statement respecting the accounts of receivers of pub- 
 lic moneys, disbursing agents, and adjustment of the five 
 per cent, fund 
 
 No. 1 1. Statement showing the selections made by certain 
 States of lands within their own limits under agricultural 
 and mechanic act of July 2, 18f)2, and its supplemental 
 acts of April 14, 1864, and June 21, 1866; also, the loca- 
 tions made with scrip under said acts 
 
 No. 12. Statement exhibiting land concessions by acts of 
 Congress to States and corporations for railroad and mili- 
 tary wagon-road purposes from the year 1850 to June 30, 
 1867 
 
 No, 13. Statement exhibiting land concessions by acts of 
 Congress to States for canal purposes from the year 1827 
 to June 30, 1867 
 
 No. 14. Statement showing the homestead fees and commis- 
 sions required to be paid under the several homestead aeis- 
 
 No. 15. Estimate of appropriations required for the office of 
 the Commissioner d' the General Land Office for the fiscal 
 year ending June 30, 1869 - : 
 
 No. 16. Estjmatesof appropriations for the surveying depart- 
 ment for the fiscal year ending June 30, 1869 
 
 No. 17. Estimate of appropriations required for surveying 
 the public lands for the fiscal year ending June 30, 1869.. 
 
 No. 18. Reports of surveyors general, A to L inclusive 
 
 No. 19. Statement of confirmed Indian pueblo grants and 
 private land claims in New Mexico 
 
 No. 20. General tabular statement exhibiting the following : 
 No. 1, States and Territories containing public lands; No. 
 2, square miles and areas of States and Territories contain- 
 ing public land ; No. 3, quantity sold ; No. 4, entered under 
 the homestead law ; No. 5, granted for military services ; 
 No. 6, granted for agricultural colleges ; No. 7, approved 
 under grants in aid of railroads ; No 8, approved swamp 
 selections; No. 9, quantity granted for internal improve- 
 ments ; No. 10, donation and grants for schools and univer- 
 sities ; No. 11, locations with Indian scrip ; No. 12, located 
 with float scrip; No. 13, estimated quantity granted for 
 wagon roads; No. 14, quantity granted for ship canals; 
 No. 15, salines; No. 16, seats of government and public 
 buildings ; No. 17, granted to individuals and companies ; 
 No. 18, granted for deaf and dumb asylums ; No. 19, re- 
 served for benefit of Indians ; No. 20, reserved for compa- 
 nies, individuals, and corporations ; No. 21, confirmed pri- 
 vate laud claiiris ; No. 22, q\iantity remaining unsold and 
 unappropriated .June 30, 1867 
 
 No. 21. Historical and' statistical table of the United States 
 of North America 
 
 No. 22. Statement showing the area and population of the 
 British possessions north of the United States boundary. . . 
 
 No. 23. Statement showing the areaapdpopulationof the West 
 Indies, Mexican states, Central America, and New Granada- 
 No. 24. Setof 28 maps of all the public land States andTerrito- 
 ries, to wit : Ohio, Indiana, Illinois, Michigan, Wisconsin, 
 Minnesota, Iowa, Dakota, Missouri, Arkansas, Louisiana, 
 Mississippi, Alabama, Florida, Nebraska, Kansas, Indian 
 territory, Colorado, New Mexico, Montana, Idaho, Nevada, 
 Utah, Arizona, California, Oregon, Washington Territory, 
 and Russian America 
 
 Vol. 
 
 Part. 
 
 No. 
 
 1 
 
 1 
 1 
 
XTIII 
 
 INDEX. 
 
 Title. 
 
 Each map shows the extfnt of the public surveys where such 
 have been extended ; also the names of countries audresources, 
 so far as furnished by the data on hand 
 
 No. "b. Connected map of the United States from ocean to 
 ocean, exhibiting the extent of the public surveys, localities, 
 land districts, seats of surveyor generals' offices and district 
 officers ; also localities of railroads of general interfest and 
 mineral deposits 
 
 No. 26. Map of the world on Mercator's projection 
 
 Land, tract of, near New London, Connecticut. Letter from 
 the Secretary of the Navy relative to 
 
 Lands, grant of, to Iowa. Letter from the Secretary of the In- 
 terior in reference to 
 
 Lands, Indian, Kansas. Letter from the Secretary of the In- 
 terior, transmitting report relative to the sale of 
 
 Lands, swamp, in rebel States. Letter from the Secretary of 
 War, transmitting report fiom military commanders in south- 
 ern military districts relative to 
 
 Lands granted for railroad purposes, forfeiture of. Letter from 
 the Secretary of War, transmitting report from quartermaster 
 general relative to 
 
 Lands, survey of, for Cheyenne Indians and Arrapahoe. Let- 
 ter from the Secretary of the Interior, transmitting estimate 
 of appropriations for 
 
 Land grants in the rebel States. Letter from the Secretary of 
 War, tiansmitting papers relative to 
 
 Life-saving inventions. Letter from the Secretary of the Treas- 
 ury, transmitting the report of the commission on 
 
 Light-house at Black Rock. Letter from the Secretary of the 
 Treasury relative to 
 
 Light-house Board. Letter from the Secretary of the Treasury, 
 transmitting report relative to a beacon at Long Beach bar 
 from the 
 
 Light-house at Port Austin. Letter from the Secretary of the 
 Treasury relative to 
 
 Light-house sites, sale of. Letter from the Secretary of the 
 Tiensury, transmitting report of Light-house Board rela- 
 tive to 
 
 Light-house at Au Sable river. Letter from the Secretary of 
 the Treasury, transmitting communication from the Light- 
 house Hoard relative to the erection of a 
 
 Loans by national banks. Letter from the Secretary of the 
 Tieasury relative to 
 
 Louisiana, property seized in. Letter from the Secretary of 
 War, transmitting reports relative to 
 
 Louisiana and Noith Carolina. Message from the President of 
 the United States relative to proceedings in 
 
 Lusk, Albert M. D. C. Message from the President of the 
 United States relative to the trial of 
 
 M. 
 
 Mails between New York and Philadelphia. Letter from the 
 Postmaster General relative to 
 
 Mails between Baltimore and New York. Letter from the Post- 
 master General relative to 
 
 Maine, separate customs districts in. Letter fiom the Secretary 
 of the Treasury relative to ; 
 
 Maps. Letter from the Secretary of the Interior, transmitting 
 communication from the Commissioner of the General Land 
 Office relative to the publication of 
 
 Meade, General George G. Letter from the General of the 
 army, transmitting telegram from 
 
 Mercantile marine, and commercial policy of Great Britain. 
 Message from the President of the United States, tiansmitting 
 Hon. r. H. Morse's report of the 
 
 Vol. 
 
 Part. 
 
 No. 
 
 20 
 
 ]5 
 
 9 
 
 11 
 
 11 
 11 
 15 
 20 
 
 13 
 17 
 
 13 
 
 15 
 11 
 II 
 
 17 
 
 7 
 
 U 
 
 15 
 15 
 
 9 
 11 
 
 17 
 
 326 
 215 
 
 85 
 
 8(5 
 
 101 
 
 104 
 131 
 193 
 317 
 
 171 
 
 208 
 
 164 
 
 237 
 114 
 102 
 
 281 
 47 
 
 107 
 196 
 252 
 
 66 
 
 98 
 
 283 
 
INDEX. 
 
 XIX 
 
 Title. 
 
 Vol. 
 
 Part. 
 
 No. 
 
 Page. 
 
 Mexican aflfairs, Maximilian. Message from the President of 
 the United States relative to 
 
 7 
 
 15 
 
 9 
 
 7 
 9 
 
 7 
 7 
 
 9 
 
 17 
 
 16 
 15 
 
 15 
 
 11 
 
 15 
 17 
 
 4 
 
 4 
 
 17 
 4 
 
 4 
 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 
 4 
 4 
 4 
 
 4 
 
 4 
 4 
 
 
 25 
 212 
 75 
 22 
 92 
 13 
 39 
 
 65 
 
 273 
 
 202 
 189 
 
 195 
 
 136 
 
 186 
 283 
 
 1 
 
 1 
 
 
 Michigan City, harbor at. Letter from the Secretary of War, 
 
 
 Milliken, a returned rebel. Letter from the Secretary of War, 
 transmitting report of General Thomas relative to one 
 
 Milliken, a returned rebel. Letter from the Secretary of War 
 relating to one 
 
 
 Militia of Memphis. Letter from the Secretary of War rela- 
 
 
 Military Academy. Letter from the Secretary of War in refer- 
 
 
 Military offices at San Francisco. Letter from the Secretary 
 of War in reference to appropriation for 
 
 Military offices in New York. Letter from the Secretary of 
 War, transmitting a communication from the Quartermaster 
 
 
 Mineral resources of the States and Territories east of the Rocky 
 mountains. Letter from the Secretary of the Treasury, trans- 
 mitting J. W^. Taylor's report of the 
 
 
 Mineral resources of the States and Territories west of the 
 Rocky mountains. Letter from the Secretary of the Treas- 
 ury, transmitting report of the .. ......... .... . .. 
 
 
 
 
 Mint. Letter from the Secretary of the Treasury, transmitting 
 letter from the director of the mint relative to conveying into 
 
 
 Missouri river, improvement of. Letter from the Secretary of 
 War, transmitting a communication from the Chief of Engi- 
 
 
 
 
 Morse, Hon. Freeman H. Message from the President, trans- 
 mitting report of. -- - . . . .... . 
 
 
 N. 
 
 Naval Academy at Annapolis. Report of the superintendent 
 ofihe ' .. -- - ........... -._-.. . . 
 
 72 
 
 Naval Observatory. Report of the superintendent of the 
 
 to - . 
 
 129 
 
 280 
 
 Navy Annual report of the Secretary of the .... ....... 
 
 
 1 
 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 
 1 
 1 
 1 
 
 J 
 1 
 1 
 
 
 Papers accompanying the above report. 
 
 33 
 
 Report of the superintendent of the Naval Academy 
 
 Report of the Board of Visitors for 1867 
 
 72 
 79 
 
 Estimates for 1868-69 
 
 85 
 
 Report of the superintendent of the Naval Observatory 
 
 128 
 137 
 
 Estimates for Naval Observatory . ....... 
 
 13S 
 
 Report of the superintendent of the Nautical Almanac 
 
 134 
 141 
 
 Estimates for 1867-68 for Secretary's office, &c 
 
 Report of the chief of the Bureau of Yards and Docks 
 
 Report of the chief of the Bureau of Equipment and Re- 
 
 8E 
 86 
 
 117 
 
 
 ]2( 
 
 Report of the chief of the Bureau of Ordnance . . . - 
 
 14i 
 
 Report of the chief of the Bureau of Construction and Qe- 
 
 147 
 
 Report of the chief of the Bureau of Steam Engineering 
 
 Report of the chief of the Bureau of Provisions and Clothing. 
 
 171 
 
 197 
 
XX 
 
 INDEX. 
 
 Title. 
 
 Report of the chief of the Bureau of Medicine and Surgery- . 
 Report of diseases and injuries on vessels during the rebellion. 
 Report of the commandant of the marine corps 
 
 Navy relative to Louis M. Goldsborough. Letter from the 
 Secretary of the 
 
 Navy relative to 20 per cent, extra compensation. Letter 
 from the Secretary of the 
 
 Navy relative to amount of ship timber on hand. Letter from 
 the Secretary of the 
 
 Navy, transmitting revised estimates of appropriations. Letter 
 from the Secretary of the 
 
 Navy relative to an alleged abolition of discrimination in favor 
 of soldiers and sailors. Letter from the Secretary of the 
 
 Navy relative to the steamship Vanderbilt. Letter from the 
 Secretary of the 
 
 Navy relative to the number of vessels in the navy January ], 
 1861. Letter from the Secretary of the 
 
 Navy, transmitting papers in the case of Second Assistant En- 
 gineer Sawyer. Letter from the Secretary of the 
 
 Navy relative to Bingham's surge reliever. Letter from the 
 Secretary of the 
 
 Navy relative to the expenditure of. the contingent fund. Let- 
 ter from the Secretary of the 
 
 Navy relative to the expenses of the Miantonomoh on a recent 
 trip to Europe. Letter from the Secretary of the 
 
 Navy relative to the steamship Atlantic. Letter from the Sec- 
 retary of the 
 
 Navy relative to the detention at New London of the United 
 States ship Sabine. Letter from the Secretary of the 
 
 Navy relative to prize vessels. Letter from the Secretary of 
 th( 
 
 Navy relative to naval vessels. Letter from the Secretary of 
 the 
 
 Navy relative to the sale of the iron-clads Oneoto and Catawba. 
 Letter from the Secretary of the 
 
 Navy relative to a tract of land near New London, Conn. 
 Letter from the Secretary of the 
 
 Navy. Eeport of Captain Eads on the iron-clads of Europe 
 and this country, transmitted by the Secretary of the 
 
 Navy relative to the contracts for the purchase of coal. Letter 
 from the Secretary of the 
 
 Navy, transmitting statement of vessels bought, sold, and char- 
 tered during the war. Letter from the Secretary of the 
 
 Navy relative to the trial trip of the Wampanoag. Letter from 
 the Secretary of the 
 
 Nebraska, damages to settlers in. Letter from the Secretary of 
 the Interior, transmitting estimates of appropriations for 
 
 New Mexico, public buildings in. Letter from the Secretary 
 of the Interior, transmitting report of the condition of 
 
 New Orleans councilmen. Letter from tlie General of the 
 army, transmitting correspondence with General Hancock 
 relative to the removal of 
 
 New Orleans, removal of city council of. Letter from the 
 General of the army relative to 
 
 New York volunteers, 84th. Letter from the Secretary of War 
 relative to the 
 
 New York custom-house. Letter from the Secretary of the 
 Treasury asking for the amount paid for repairs on the 
 
 Niagara ship caual. Letter from the Secretary of War, trans- 
 mitting report by Colonel Blunt on the surveys for 
 
 North Carolina and Louisiana. Message from the President 
 of the United States, transmitting papers relating to proceed- 
 ings in 
 
 Vol. 
 
 4 
 4 
 4 
 
 7 
 
 7 
 
 11 
 
 11 
 
 1] 
 
 11 
 
 13 
 
 13 
 
 13 
 
 ]5 
 
 15 
 
 15 
 
 17 
 
 17 
 
 17 
 
 17 
 
 20 
 
 20 
 
 20 
 
 20 
 
 20 
 
 20 
 
 7 
 
 13 
 15 
 15 
 J5 
 15 
 
 17 
 
 Part. 
 
 No. 
 
 ] 
 ] 
 1 
 
 40 
 
 32 
 
 106 
 
 111 
 
 134 
 
 143 
 
 159 
 
 162 
 
 165 
 
 187 
 
 211 
 
 250 
 
 266 
 
 279 
 
 280 
 
 294 
 
 326 
 
 327 
 
 333 
 
 337 
 
 339 
 
 325 
 
 33 
 
 172 
 309 
 249 
 229 
 197 
 
 197 
 
 Page. 
 
INDEX. 
 
 XXI 
 
 Title. 
 
 O. 
 
 Obstructions in the Savannah river. Letter from the Secretary 
 
 of the Treasury relative to 
 
 Obstructions in the Delaware river, removal of. Letter from 
 
 the Secretary of War relative to an appropriation for 
 
 Oil in Pennsylvania, inspection of. Letter from the Secretary 
 
 of the Treasury, transmitting report of John Miller relative to 
 Ordnance department, contracts made by. Letter from the 
 
 Secretary of War relative-to the 
 
 Ordnance. Report of the chief of the Bureau of 
 
 Otoe Indian reservation. Letter from the Secretary of the 
 
 Interior relative to the sale of the 
 
 Pardons for making or passing counterfeit money, forgery and 
 perjury. Message from the President of the United States, 
 transmitting list of 
 
 Pardons by the President. Message transmitting list of persons 
 who have been pardoned - - • 
 
 Patents, transmitting annual report. Letter from the Commis- 
 sioner of 
 
 Patent OfiSce. Letter from the Secretary of the Interior asking 
 appropriation for the 
 
 Pawlucket river. Letter from the Secretary of War, transmit- 
 ting report respecting improvement of the 
 
 Paymaster General. Annual report of the 
 
 Pelletier, Antonio. Message from the President of the United 
 States relative to the imprisonment of 
 
 Pensions. Annual report of the Commissioner of 
 
 Papers accompanying the above. 
 
 A. — Statement of the number and yearly amoxint of origi- 
 nal applications and for increase of army pensions admit- 
 ted ineach State and Territory for the year ending June 30, 
 
 1867 - 
 
 B. — Statement of the amount paid for army pensions at the 
 agencies in the several States and Territories for the year 
 
 ending June 30, 1867 
 
 C. — Statement of the amount of funds in the hands of agents 
 
 for paying army pensions on the 30th day of June, 1867 -. 
 
 D. — Statement of the number and yearly amount of army 
 
 pensions on the rolls of the several States and Territories 
 
 on the 30th day of June, 1 867 
 
 E.— (Statement of the number and yearly amount of original 
 applications and for increase of navy pensions admitted 
 in each State and Territory for the year ending June 30, 
 
 1867 
 
 F. — Statement of the amount of funds in the hands of agents 
 
 for paying navy pensions on the 30th day of June, 1867 .. 
 
 Pensions. Letter from the Secretary of the Interior asking an 
 
 appropriation for deficiency for current fiscal year 
 
 Plowden, Walter B. Letter from the Secretary of War rela- 
 tive to the petition of 
 
 Police, Metropolitan. Annual report of the 
 
 Post office building, Nev^ York. Letter from the Secretary of 
 
 the Treasury relative to 
 
 Post office building in New York. Letter from the supervising 
 
 architect of the Treasury Department relative to 
 
 Post office at Penn Yan. Message from the President of the 
 United States relative to the appointment of a special agent 
 
 at the • 
 
 Postmaster General, of the operations of his department dur- 
 ing the year 1867. Eeport of the 
 
 Vol. 
 
 Part. 
 
 No. 
 
 il 
 
 
 281 
 
 20 
 
 
 318 
 
 7 
 
 
 48 
 
 12 
 
 2 
 
 i 
 
 90 
 1 
 
 7 
 
 
 38 
 
 13 
 
 
 179 
 
 7 
 
 
 16 
 
 10 
 
 1,2,3, 
 
 96 
 
 7 
 
 
 49 
 
 2 
 
 i 
 
 60 
 
 J 
 
 17 
 3 
 
 ...... 
 
 260 
 1 
 
 3 
 
 1 
 
 1 
 
 3 
 
 1 
 
 1 
 
 3 
 
 1 
 
 1 
 
 3 
 
 1 
 
 1 
 
 3 
 
 1 
 
 1 
 
 3 
 
 1 
 
 1 
 
 7 
 
 
 32 
 
 11 
 3 
 
 i 
 
 109 
 1 
 
 15 
 
 
 243 
 
 20 
 
 
 316 
 
 13 
 
 
 158 
 
 4 
 
 
 1 
 
XXII 
 
 INDEX. 
 
 Title. 
 
 Papers accompanying the above reports 
 
 Statement of roTenues and expenditures from 1854 to 1867, 
 inclusive - - 
 
 Estimate for expenditures for 1869 
 
 Postage stamps, envelopes and newspaper wrappers during 
 the year 1866-'67 
 
 Comparative statement of the disposition of dead letters dur- 
 ing the fiscal years 1866 and 1867 
 
 Total operations of the appointment office for the year ending 
 June 30, 1867.... 
 
 Table showing the increase and decrease of post offices in the 
 several States, &c 
 
 Letter-carrier offices with the number and aggregate com- 
 pensation 
 
 Operations of the free delivery system for the year ending 
 June 30, 1867 
 
 A. — Table of mail service for the year ending June 30, 1867. 
 
 B. — Railroad service as in operation June 30, 1867 
 
 C— Steamboat service as in operation September 30, 1867. .. 
 
 D. — Table showing the increase and decrease in mail trans- 
 portation during the year 1867 
 
 E. — Table showing the weight of mails, &c 
 
 List of railroad routes from which no response to calls for 
 weight of mails, &c., has been received 
 
 Statement of the number, kinds, &c., of mail bags put into 
 service during thtf year ■ 
 
 Railway postal service 
 
 I. — Statement showing operations and results of foreign mail 
 service for year 1 867 
 
 II — Closed mails for year ending December 31, 1866 
 
 III. — Ocean transportation 
 
 IV. — Balances on settlement of accounts with foreign post 
 departments 
 
 United States trans-Atlantic mail steamship an'agements for 
 
 1868. 
 
 Detailed regulations between the General Post Office of the 
 United Kingdom of Great Britain and the General Post 
 Office of the United States for the execution of the con- 
 vention of the 18th June, 1868 
 
 A. — Table showing rates of postage to be accounted by 
 United States to British post office 
 
 B. — Table showing rates of postage to be accounted for by 
 British office 
 
 C. — Registered letter list for the United States 
 
 D. — Letter bill for the correspondence between the United 
 Kingdom and the United States 
 
 E. — Letter bill from Bermuda 
 
 F. — Letter bill between United States and South America. .. 
 
 G. — Letter bill 
 
 H. — Letter bill between United States and West Indies 
 
 Convention for the regulation of postal intercourse between 
 United States of America and Belgium 
 
 Convention between Post Office of United States and the 
 Neetherlands 
 
 Convention between Post Office of United States and the 
 North German Union 
 
 Convention between Post Office of United States and the 
 Swiss Confederation 
 
 Articles between United States and Kingdom of Italy 
 
 Postal convention between United States and Chiua 
 
 Auditor's report 
 
 Vol. Part. 
 
 No. 
 
 Papers accompanying the above. 
 
 123 
 
 lar. 
 
 129 
 134 
 
 Revenue account . 
 
 136 
 
IlfDEX. 
 
 XXIII 
 
 Title. 
 
 Vol. Part. 
 
 Contractors' account 
 
 Mail transportation account 
 
 Collection of post office revenues 
 
 Statement from collecting division 
 
 No. 1. Statement exhibiting the receipts of the Post Office 
 
 Department for year ending June 30, 1867 
 
 No. 2. Statement exhibiting expenditures of the Post Office 
 
 Department for year ending June 30, 1 867 
 
 No. 3. Statement of the postal receipts and expenditures 
 
 for year ending June 30, 1867 
 
 No. 4. Statement of the operations of the carrier system 
 
 for year ending June 3i , 1867 
 
 No. 5. Miscellaneous payments 
 
 No. 6. Summary of principal labors 
 
 No. 7. Transactions of the money-order office for year end- 
 ing June 30, 1867 
 
 No. 8. Statement showing the revenue to the money order 
 
 department for year 1867 
 
 No. 9. Statement showing receipts and disbursements of 
 
 money -order department for year 1 867 
 
 No. 10. Amount of letter postage on British mails during 
 
 year 1867 
 
 No. 11. Letter postage on Prussian mails 
 
 No. 12. Letter postage on French mails 
 
 No. 13. Letter postage on Belgian mails 
 
 No. 14. Letter postage on Bremen mails , 
 
 No. 15. Letter postage on Hamburg mails 
 
 No. 16. Letters and newspapers exchanged between the 
 
 United States and Great Britain 
 
 No. 17. Letters and newspapers exchanged between the 
 
 United States and kingdom of Prussia 
 
 No. 18. Letteis and newspapers exchanged between the 
 
 United States and France 
 
 No. 19. Letters and newspapers exchanged between the 
 
 United States and Belgium 
 
 No. 20. Letters and newspapers exchanged between the 
 
 United States and Bremen 
 
 No. 21. Letters and newspapers exchanged between the 
 
 United States and Hamburg 
 
 No. 22. Letters and newspapers received in and sent from 
 
 the Uniied States to West India islands 
 
 No. 23. Letters and newspapers received in and sent from 
 
 the United States to Panama. 
 
 No. 24 . Letters and newspapers received in and sent from 
 
 the United States to Mexico 
 
 No. 25. Letters and newspapers received in and sent from 
 
 . the United States to Brazil 
 
 No. 26. Letters and newspapers received in and sent from 
 
 the United States to Nicaragua 
 
 No 27. Lettei's and newspapers received in and sent from 
 
 the United States to Venezuela 
 
 No. 28 Letters and newspapers received in and sent from 
 
 the United States to China 
 
 No. 29. Letters and newspapers received in and sent from 
 
 the United States to Nova'Scotia and Prince Edward's isl'd 
 No. 30. Letters and newspapers exchanged between the 
 
 United States and foreign countries during year 1867 .. 
 No 31. Amount of postage on mails exchanged between 
 
 the United States and British provinces during year 1867. 
 No. 32. Amount of postage on foreign dead letters sent 
 
 from and returned to the United States 
 
 No. 33. Balances due the United States in adjustment of 
 
 accounts between the United States and Belgium during 
 
 year 1867 
 
 No. 34. Prussian closed mail account for year ending De- 
 cember 31, 1866 ■ 
 
 4 
 
 4 
 4 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 4 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 4 
 4 
 4 
 4 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 4 
 
XXIV 
 
 INDEX. 
 
 Title. 
 
 No. 35. Belgian closed mail account for year ending De- 
 cember 31, 1866 
 
 No. 36, Havana closed mail account for year ending Decem- 
 ber 31, 1866 
 
 No. 37. Canadian closed mail account for year ending De- 
 cember 31, 1866 
 
 No. 38. Honolulu and Vancouver's island closed mail ac- 
 count for year ending December 31, 1866 
 
 No .39. Mexican closed mail account for year ending De- 
 cember 31, 1866 
 
 No. 4U. Amounts reported as due tbe steamers on the mis- 
 cellaneous line, being the sea postages on the mails con- 
 veyed during the year ending June 30, 1867 
 
 Postmaster General relative to twenty per cent, additional 
 compensation. Letter from tbe 
 
 Postmaster General, transmitting estimates for his department. 
 Letter from the 
 
 Postmaster General relative to midnight mails between New 
 York and Philadelphia. Letter from the 
 
 Postmaster General, transmitting revised estimates of appro- 
 priations. Letter from the 
 
 Postmaster General relative to southern mail contracts. Let- 
 ter from the 
 
 Postmaster General, transmitting the report of the commission 
 to purchase a site for a post office in New York. Letter 
 from the 
 
 Postmaster General relative to railroads between Baltimore and 
 New York. Letter from the / 
 
 Postmaster General, transmitting copies of all contracts vpitb 
 Benjamin HoUaday to carry mails from the end of Pacific 
 railroad to Denver. Letter from the 
 
 Postmaster General, approving the report of the commission to 
 select a site for a post office and sub-treasury in Boston. 
 Letter from the 
 
 Postmaster General relative to the appointment of special 
 agents. Letter from the 
 
 President of the United States on the state of the Union, with 
 accompanying documents and reports. Annual message of 
 the 
 
 President of the United States, transmitting final report of 
 names of persons engaged iu rebellion who have been par- 
 doned. Message from the 
 
 President of the United States, in answer to a resolution of the 
 House of July 17, relative to Maximilian. Message from the. 
 
 President of the United States relative to the trial of Albert 
 M. D. C. Lusk. Message from the 
 
 President of the United States, recommending some recogni- 
 tion of the services of General W. S. Hancock. Message 
 from the 
 
 President of the United States, transmitting a report of George 
 H. Sharpe relative to the assassination of President Lincoln. 
 Message from the 
 
 President of the United States relative to interference of Rus- 
 sian war vessels. Message from the 
 
 President of the United States relative to the seizure of the 
 steamer Nnestra de la Eegla. Message from the 
 
 President of the United States relative to the States ratifying 
 the amendment to the Constitution known as the 14th article. 
 Message from the 
 
 President of the United States, transmitting report of the In- 
 dian peace commissioners. Message from the 
 
 President of the United States relative to the transfer 
 of territory from Russia to the United States. Message 
 of the 
 
 President of the United States, transmitting report of the Paris 
 Universal Exposition. Message from the 
 
 Part. No. I Page. 
 
 44 
 46 
 107 
 120 
 180 
 
 190 
 196 
 
 201 
 
 205 
 285 
 
 ] 
 
 16 
 25 
 
 47 
 
 58 
 
 68 
 84 
 89 
 
 90 
 97 
 
 125 
 126 
 
INDEX. 
 
 XXV 
 
 Title. 
 
 President of tlie United States relative to an appropriation for 
 copying clerks in the Department of State. Message from 
 the 
 
 President of the United States relative to the trial of John H. 
 Surratt. Message from the 
 
 President of the United States relative to the famine in Sweden 
 and Norvpay. Message from the 
 
 President of the United States relative to the trial and convic- 
 tion of American citizens in England for Fenianism. Mes- 
 sage from the , 
 
 President of the United States relative to the appointment of a 
 special agent at Penn Yan post ofBoe. Message from the 
 
 President of the United States relative to the future care of 
 timber lands for the United States navy. Message from the. 
 
 President of the United States, transmitting copy of President's 
 reply to General Grant's letter of February 3, 1868. Mes- 
 sage from the 
 
 President of the United States, transmitting correspondence 
 relative to Russian America. Message from the 
 
 President of the United States, transmitting list of pardons for- 
 making and passing counterfeit money. Message from the.. 
 
 President of the United Slates, transmitting report relative to a 
 ship canal around the falls of the Ohio river. Message from 
 the , 
 
 President of the United States relative to unexpended moneys 
 appropriated for contingent expenses of foreign countries. 
 Message from the i 
 
 President of the United States relative to amounts paid by the 
 State Department since 1860 for legal services. Message 
 from the 
 
 President of the United States relative to treaties with the 
 German states concerning the rights of naturalized Ameri- 
 can citizens. Message from the 
 
 President of the United States, transmitting the report of Elliot 
 C. Cowdin, commissioner to the Paris Exposition, on silk. 
 Message from the 
 
 President of the United States relative to correspondence and 
 negotiations relating to rights of naturalized citizens in the 
 German states. Message from the 
 
 President of the United States relative to the imprisonment of 
 Antonio Pelletier. Message from the 
 
 President of the United States, transmitting papers relating to 
 the proceedings in South Carolina and Arkansas. Message 
 from the 
 
 President of the United States relative to proceedings in North 
 Carolina and Louisiana. Message from the 
 
 President of the United States relative to the sale of public 
 vessels since the rebellion. Message from the 
 
 President of the United States, transmitting report from the- 
 Secretary of State relative to the sale of the iron-clads 
 Oneoto and Catawba. Message from the. 
 
 President of the United States, transmitting papers relative to 
 proceedings in the State of Florida. Message from the 
 
 President of the United States, transmitting communication 
 from the Secretary of the Navy relative to naval force at 
 Hayti. Message from the 
 
 President of the United States relative to a treaty with the 
 Great and Little Osage Indians. Message from the 
 
 President of the United States, transmitting Hon. Freeman H. 
 Horse's report of the mercantile marine and commercial 
 policy of Great Britain. Message from the 
 
 President of the United States relative to the imprisonment of 
 Warren and Costello. Message from the 
 
 Prize vessels. Letter from the Secretary of the Navy relative 
 to : , 
 
 Vol. 
 
 1] 
 11 
 1] 
 
 13 
 13 
 13 
 
 13 
 13 
 13 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 
 15 
 17 
 
 17 
 17 
 17 
 
 17 
 19 
 
 19 
 19 
 
 17 
 20 
 17 
 
 Part. 
 
 No. 
 
 140 
 150 
 151 
 
 157 
 158 
 161 
 
 168 
 177 
 
 179 
 
 181 
 
 219 
 
 221 
 
 223 
 
 227 
 
 245 
 260 
 
 274 
 281 
 282 
 
 294 
 
 297 
 
 29S 
 310 
 
 283 
 312 
 279 
 
XXVI 
 
 INDEX. 
 
 Title. 
 
 Protection of American seamen. 
 State relative to 
 
 Letter from the Secretary of 
 
 Q. 
 
 Quartermasters' department, majors and captains in the. 
 
 Letter from the Secretary of War relative to 
 
 Quartermasters' department. Letter from the Secretary of 
 
 War transmitting estimate of funds for carrying on the 
 
 Quartermaster General. Annual report of the 
 
 E. 
 
 Bailroad, Union Pacific, troops on. Letter from the Secretary 
 of War transmitting statement of number of troops stationed 
 on the 
 
 Railroad, Union Pacific, eastern division. Letter from the 
 Secretary of the Treasury transmitting the annual report of 
 the president of the 
 
 Railroad, Union Pacific. Letter from the Secretary of the 
 Interior transmitting papers relative to the 
 
 Railroad, Southern. Letter from the Secretary of War trans- 
 mitting a report of the quartermasters' department relative to. 
 
 Railroad, Central Pacific Terminal. Letter from the Secretary 
 of War transmitting a report by the Chief of Engineers rela- 
 tive to a bill for the reliet of 
 
 Railroad west side of the Mississippi river. Letter from the 
 Secretary of War relative to 
 
 Railroad, Sioux City and Pacific. Letter from the Secretary 
 of the Treasury transmitting annual report of the president 
 of the 
 
 Railway, Pacific, eastern division. Letter from the Secretary 
 of War transmitting application for aid to extend to Fort 
 Lyon, the 
 
 Railroad, Union Pacific. Letter from the Secretary of the 
 Treasury relative to the 
 
 Railroad, Union Pacific, eastern division, transmitting report 
 for 1862, 1863, 1864, 1865, and 1866. Letterfrom the Secre- 
 tary of the Treasury relative to the 
 
 Refugees, Bureau of. Letter from the Secretary of War trans- 
 mitting letter from Commissioner of Freedmen relative to 
 desiccated vegetables 
 
 Register of deeds, records for. Letter Irom the Secretary of 
 the Interior relative to 
 
 Revenue from distilled spirits. Letter from the Secretary of 
 the Treasury stating amount of 
 
 Revenue collected in Illinois. Letter from the Secretary of the 
 Treasury relative to 
 
 Revenue from distilled spirits. Letter from the Secretary of 
 the Treasury relative to the 
 
 Revenue, report of the Special Commissioner of the. Letter 
 from the Secretary of the Treasury transmitting 
 
 Revenue cutter service. Letter from the Secretary of the Treas- 
 ury relative to the 
 
 Revenue cutter service. Letter from the Secretary of the Treas- 
 ury transmitting estimate of expenses of the 
 
 Revenue service, vessels in the. Letter from the Secretary of 
 the Treasury relative to 
 
 Russian America. Message from the President of the United 
 States transmitting correspondence relative to 
 
 Russian naval vessels. Message from the President of the 
 United States relative to the interference of 
 
 Vol. 
 
 Part 
 
 20 
 
 20 
 
 15 
 
 7 
 9 
 
 9 
 13 
 
 15 
 
 15 
 
 17 
 
 17 
 
 9 
 
 15 
 
 7 
 
 7 
 
 9 
 
 9 
 
 11 
 
 11 
 
 17 
 
 13 
 
 9 
 
 No. Page. 
 
 27 
 
 319 
 
 J4 
 1 
 
 335 
 
 208 
 31 
 73 
 
 79 
 166 
 
 203 
 
 222 
 253 
 
 277 
 
 95 
 
 191 
 
 20 
 
 51 
 
 67 
 
 81 
 
 112 
 
 154 
 
 261 
 
 177 
 
 84 
 
INDEX. 
 
 XXVII 
 
 Title. 
 
 Vol. 
 
 Part. No. 
 
 Sabine, United States ship. Letter from the Secretary of the 
 Navy relative to the detention at New London of the 
 
 Sainte Marie, H. B. Letter irom the Secretary of War rela- 
 tive to the claim of 
 
 Sawyer, second assistant engineer, court-martial of. Letter 
 from the Secretary of the Navy, transmitting papers- in the 
 ease of the 
 
 Shaker Association at New Lebanon, N. Y. Letter from the 
 Commissioner of Internal Revenue relative to the mode of 
 taxing the 
 
 Ship-timber. Letter from the Secretary of the Navy relative 
 to the amount on hand of 
 
 Signall officer. Report of the chief 
 
 Silk and silk manufactures. Message from the President of 
 the United States, transmitting report of Elliot C. Cowdin, 
 commissioner to Paris Exposition 
 
 Sinking fund. Letter from the Secretary of the Treasury, in 
 answer to a resolution of the House of November 25, rela- 
 tive to the 
 
 Soldiers' bounties, payment of. Letter from the Secretary of 
 the Treiisury relative to an appropriation for 
 
 Soldiers on Pacific coast. Letter from the Secietary of War 
 relative to the number of 
 
 Soldiers and sailors. Letter from the Secretary of the Navy 
 relative to 
 
 South Carolina and Arkansas. Message from the President of 
 the United States, transmitting papers relating to 
 
 Spain, commercial relations with. Letter from the Secretary 
 of the Treasury, transmitting draft of a bill relative to 
 
 Stanton, Hon. E. M., and others. Letter from General Grant 
 relative to the removal of 
 
 State Department upon foreign affairs. Correspondence of the. 
 
 State relative to the relief and protection of American seaaien. 
 Letter from the Secretary of 
 
 State relative to 20 per cent, additional compensation. Letter 
 from the Secretary of 
 
 State relative to deficiency for clerical services. Letter from 
 the Secretary of ,--. 
 
 State relative to the expenditures of the Board of Immigration. 
 Letter from the Secretaiy of 
 
 State relative to the Japanese treaty fund. Letter from the* 
 Secretary of 
 
 State relative to the disbursements of the contingent fund of the 
 department. Letter from the Secretary of 
 
 State, transmitting report on commercial relations with foreign 
 countries. Letter from the Secretaiy of 
 
 State, transmitting financial reports of Commissioner Beckwith 
 relative to Paris Exposition. Letter from the Secretary of. . 
 
 State relative to the diplomatic and consular system of the 
 United States. Letter from the Secretary of 
 
 Statutes of the United States. Letter from the Secretary of 
 the Interior relative to the purchase of 
 
 Steamer Nuestra Senora de la Kegla. Message from the Presi- 
 dent of the United States relative to the seizure of the 
 
 Steamship Vanderbilt. Letter from the Secretary of the Navy 
 relative to the 
 
 Steamship Atlantic. Letter from the Secretary of the Navy 
 relative to the 
 
 Steamships, Brazil mail. Letter from the Secretary of the Treas- 
 ury, transmitting statement of sums paid the 
 
 Steedman, James B. Letter from the Secretary of the Treas- 
 ury relative to the removal of 
 
 St. Clair flats. Letter from the Secretary of War, transmitting 
 communication from the Chief of Euginoers relative to 
 
 17 
 
 7 
 
 13 
 
 11 
 2 
 
 15 
 
 7 
 15 
 J5 
 Jl 
 17 
 
 n 
 
 7 
 1 
 
 20 
 
 7 
 
 9 
 
 il 
 
 14 
 
 20 
 
 20 
 
 11 
 
 9 
 
 11 
 
 15 
 
 19 
 
 15 
 
 17 
 
 1&2 
 
 266 
 36 
 
 162 
 
 82 
 
 106 
 1 
 
 227 
 
 11 
 
 235 
 
 225 
 
 134 
 
 274 
 
 169 
 
 57 
 1 
 
 27 
 
 50 
 
 330 
 
 18 
 
 93 
 
 139 
 
 160 
 
 334 
 
 336 
 
 113 
 
 89 
 
 143 
 
 250 
 
 311 
 
 230 
 
 270 
 
XXVIII 
 
 INDEX. 
 
 Title. 
 
 Suits in New York. Letter from the Secretary of tlie Treasury 
 relative to 
 
 Surgeon General. Annual report of the - - . 
 
 Survey of Illinois river. Letter from the Secretary of War, 
 transmitting General Wilson's report of the 
 
 Survey of Tennessee river. Letter from the Secretary of War, 
 transmitting report of the 
 
 Survey, expense of coast. Letter from the Secretary of the 
 Treasury, transmitting statement of 
 
 Survey of the Potomac river. Letter from the Secretary of 
 War, transmitting reprort of the Chief of Engineers covering 
 General Michler's report of the 
 
 Survey of Port Clinton harbor, Ohio. Letter from the Secre- 
 tary of War, transmitting report of Chief of Engineers 
 respecting the 
 
 Survey of the Choctaw country. Letter from the Secretary of 
 the Interior relative to the .' ^ 
 
 Survey of the Upper Mississippi. Letter from the Secretary 
 of War, transmitting General Warren's report of the 
 
 Survey of Eeedy island and Listen Point, Delaware river and 
 bay. Letter from the Secretary of War, transmitting engin- 
 eers' report of the 
 
 Survey of Penobscot river. Letter from the Secretary of War, 
 transmitting report of the 
 
 Survey of Connecticut river. Letter from the Secretary of War, 
 transmitting Colonel Houston's report of the 
 
 Surratt, trial of John H. Message from the President relative 
 to the 
 
 T. 
 
 Taunton river. Letter from the Secretary of War, transmit- 
 ting communication from the Chief of Engineers relative to 
 the improvement of 
 
 Tax commissioners. Letter from the Secretary of the Treasury 
 relative to President Lincoln's instructions to the tax com- 
 missioners of South Carolina 
 
 Taxes from national banks. Letter from the Secretary of the 
 Treasury relative to amount of 
 
 Tax collected on distilled spirits. Letter from the Secretary of 
 the Treasury relative to the 
 
 Telegraph Company, Pacific Electric. Letter from the Secre- 
 tary of the Treasury relative to contract with 
 
 Tonnage of the United States. Letter from the Secretary of 
 the Treasury relative to tbe 
 
 Trade with British Provinces. Letter from the Secretary of 
 the Treasury, transmitting information as to the 
 
 Treasury Department relative to post office building in New 
 York. Letter from the supervising architect of the 
 
 Treasury Department, transmitting annual statement of the 
 receipts and expenditures of the United States 
 
 Treasury on the state of the finances for the year 1867. Annual 
 report of the Secretary of the 
 
 Reports and documents accompanying the above. 
 
 The Secretary's report 
 
 (TABLES ACCOMPANYING THE REPORT.) 
 
 1. Receipts and expenditures of the United States for fiscal 
 
 year 18ti7 
 
 2. Receipts and expenditures of the United States for first 
 
 quarter of 1868 
 
 3. Public debt and synopsis of laws creating it 
 
 Vol. 
 
 11 
 
 2 
 
 11 
 17 
 17 
 
 17 
 
 11 
 11 
 15 
 
 17 
 13 
 11 
 11 
 
 Part. No. 
 
 142 
 1 
 
 116 
 
 271 
 
 286 
 
 292 
 
 129 
 133 
 247 
 
 258 
 178 
 153 
 150 
 
 15 
 
 11 
 
 7 
 
 17 
 
 15 
 
 7 
 
 7 
 
 20 
 
 20 
 
 5 
 
 1&2 
 
 231 
 
 146 
 
 26 
 
 269 
 
 241 
 
 28 
 
 240 
 
 316 
 
 315 
 
 2 
 
INDEX. 
 
 XXIX 
 
 Title. 
 
 4. Calculatious relative to paying the public debt .., 
 
 5. Piivate corporation stocks held by the United States . .. 
 
 6. Liabilities to Indian tribes 
 
 Vol. 
 
 Pa t. 
 
 No. 
 
 11. Reports of treasury officers . 
 
 Architect, Supervising '. 
 
 1. Public buildings in charge and the cost of sites, con- 
 
 struction, and repairs up to 1807 
 
 2. Appropriations for the erection and repairs of the saine. 
 
 3. Expenditures for 1867 and balances remaining 
 
 4. Public property sold during the year 
 
 5. Expenditures for furniture and repairs of furniture 
 
 6. Expenditures for repairs and preservation of public 
 
 buildings ■ 
 
 Auditor, First 
 
 Auditor, Second 
 
 Auditor, Third , 
 
 Auditor, Fourth 
 
 Auditor, Fifth 
 
 1. Expenses of foreign missions for fiscal year 1867 
 
 2. Consular salaries and fees for fiscal year 1 867 
 
 3. Expenditures for relief of American seamen, 18H7 
 
 4. Amounts refunded to citizens and seamen 
 
 5. Number of destitute American seamen returned to the 
 
 United States 
 
 6. Department accounts received and allowed 
 
 7. Expenses of assessing the internal revenue taxes, J667 . 
 
 8. Expenses of collecting the internal revenue taxes, 1867. 
 
 9. Expenses of collecting the internal revenue taxes from 
 
 September 1, 1862, to June 30, 1865 
 
 10. Expenses of collecting internal revenue taxes in insur- 
 
 rectionary districts, 1867 
 
 11. Miscellaneous expenses of collecting internal revenue 
 
 taxes, 1 867 
 
 12. Drawbacks on merchandise refunded, 1867 
 
 13. Amounts paid to internal revenue inspectors 
 
 Auditor, Sixth, (for Post Office Department) 
 
 Coast Survey 
 
 Commissioner of Customs... 
 
 Commissioner of Internal Eevenue 
 
 Comptroller of Currency 
 
 1. Banks in voluntary liquidation for the purpose of con. 
 
 solidation 
 
 2. Banks in voluntary liquidation 
 
 3. Banks in the hands of receiver 
 
 4. Employes of the bureau and their compensation 
 
 5. Bonds held by United States Treasurer in trust for 
 
 banks 
 
 Comptroller, First 
 
 Comptroller, Second 
 
 Director of Bureau of Statistics 
 
 1 . Imports and exports of coin from 1 82 1 to 1867 
 
 2. Exports of domestic merchandise from 1866 to 1867 
 
 3. Imports and re-exports of foreign merchandise from 1821 
 
 to 1867 
 
 4. Exports of domestic products, ] 867 .... 
 
 5. Ee-exports of foreign merchandise, 1 867 
 
 6. Imports of foreign merchandise, 1867 
 
 7. Tonnage of American and foreign vessels entered and 
 
 cleared at each collection district, 1 867 
 
 8. Tonnage of American and foreign vessels entered from 
 
 and cleared to foreign countries, ] 867 
 
 9. Bonded warehouse transactions from 1847 to 1867 
 
XXX 
 
 INDEX. 
 
 Title. 
 
 Director of the mint 
 
 ]. Deposits at the mint and branches, 1867 
 
 U. Coinage at the mint and branches, 1 867 
 
 3. Deposits of domestic gold and silver productions 
 
 4. Coinage of the mint and branches from I79'i to 1867. .. 
 
 5. Deposits of domestic gold productions from 1804 to 1867. 
 
 6. Silver coinage from 1853 to J 867 
 
 7. Deposits of domesticsilver productions from J84I to 1867. 
 
 8. Silver coins, their weight and value 
 
 9. Gold coins, their weight and value 
 
 30. Gold, silver, and copper coinage from 1792 to 1867 
 
 Inspectors of steamboats 
 
 Light-house board 
 
 Register 
 
 1. Public debt, statement from 179) to 1867 
 
 2. Total revenue of the United States from 1791 to 1867... 
 
 3. Total expenditures of the United States from 1791 to 
 
 1867 
 
 4. Marine hospital fund, receipts and expenditures, 1866 .. 
 
 5. Marine hospital fund, receipts and expenditures, J867.. 
 
 6. Tonnageof American vessels by collection districts, 1867. 
 
 7. Claims paid "not otherwise provided for," 1867 
 
 8. Customs employes and their compensation, 1867 
 
 9. Tonnage of United States vessels from 1789 to 1867 
 
 10, Expendituies at each custom-house previous to 1867 . .. 
 
 Solicitor 
 
 1. Suits brought and business arising therefrom, 1867 
 
 Treasurer. 
 
 1. Receipts and payments by the United States assistant 
 
 treasurers and depositories 
 
 2. Chickasaw Indian trust fund 
 
 3. Smithsonian Institution trust fund 
 
 Treasury, transmitting estimates of appropriation for the ser- 
 vice of the fiscal year ending June 30, 1869 
 
 Treasury, in answer to a resolution of the House of March 25, 
 relative to the sinking fund of the United States. Letter 
 from the Secretary of the 
 
 Treasury, transmitting a letter from the Postmaster General, 
 relative to appropriations for the service of his department. 
 Letter from the Secretary of the 
 
 Treasury, transmitting estimates of the Secretary of War for 
 the department under his charge. Letter from the Secretary 
 of the 
 
 Treasury, in answer to a resolution of the House of July 8, 
 stating amount of revenue derived from tax on distilled 
 spirits. Letter from the Secretary of the 
 
 Treasury, relative to amount of taxes received from national 
 banks. Letter from the Secretary of the 
 
 Treasury, relative to the tonnage of the United States. Letter 
 from the Secretary of the 
 
 Treasury, relative to the expenditure for salaries of supervisors 
 and local inspectors. Letter from the Secretary of the 
 
 Treasury, relative to the purchase and sale of bonds. Letter 
 from the Secretary of the 
 
 Treasury, transinitiing a copy of a report of John Miller relative 
 to the inspection of oil in Pennsylvania. Letter from the 
 Secretary of the 
 
 Treasury, transmitting report of Commissioner of Internal 
 Eevenue relative to revenue collected in Illinois. Letter 
 from the Secretary of the ;... 
 
 Treasury, relative to twenty per cent, extra compensation. 
 Letter from the Secretary of the 
 
 Treasury, relative to the amount of revenue derived from dis- 
 tilled spirits. Letter from the Secretary of the 
 
 Treasury, transmitting estimate of appropriations required" by 
 the Paymaster General. Letter from the Secretary of the. . . 
 
 Vol. 
 
 Part. 
 
 No. 
 
 2 
 2 
 2 
 2 
 5 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 2 
 
 2 
 2 
 
 2 
 2 
 
 11 
 
 12 
 
 19 
 
 20 
 26 
 28 
 30 
 34 
 
 48 
 
 51 
 53 
 67 
 69 
 
INDEX. 
 
 XXXI 
 
 Title. 
 
 Treasury, transmittiDg communication from consul at Barce- 
 lona relative to duty on corks. Letter from the Secretary of 
 the 
 
 Treasury, transmitting a communication from the First Comp- 
 troller relative to deputy collectors and assistant assessors. 
 Letter from the Secretary of the 
 
 Treasury, transmitting report of the special Commissioner of 
 the Revenue. Letter from the Secretary of the 
 
 Treasury, transmitting statement of deposit of government 
 funds in the national banks . Letter from the Secretary of 
 the 
 
 Treasury, relative to the coinage of five cent pieces. Letter 
 from the Secretary of the 
 
 Treasury, relative to the revenue cutter service. Letter from 
 the Secretary of the 
 
 Treasury, relative to loans by national banks. Letter from the 
 Secretary of the 
 
 Treasurj-, transmitting annual statement of the expenditures of 
 the contingent fund in his department. Letter from the 
 Secretary of the 
 
 Treasury, relative to obstructions in the Savannah river. Let- 
 ter from the Secretary of the 
 
 Treasury, relative to the expense incurred in printing currency 
 for circulation to the national banks. Letter from the Secre- 
 tary of the 
 
 Treasury, relative to the sale of ten-forty bonds. Letter from 
 the Secretary of the 
 
 Treasury, relative to the sale of the Dismal Swamp Canal. 
 Letter from the Attorney General ; letter from the Secretary 
 of the 
 
 Treasury, relative to suits pending in New York. Letter from 
 the Secretary of the 
 
 Treasury, relative to special agents employed in that depart- 
 ment since June, 1866. Letter from the Secretary of the 
 
 Traasury, relative to President Lincoln's instructions to the tax 
 commissioners of South Carolina. Letter from the Secretary 
 of the 
 
 Treasury, transmitting estimate of expenses of revenue cutler 
 service. Letter from the Secretary of the 
 
 Treasury, relative to the number of persons paying income tax 
 in each State. Letter from the Secretary of the 
 
 Treasury, transmitting letter from the Light-house Board relative 
 to the sale of light-houses. Letter from the Secretary of the . 
 
 Treasury, transmitting draught of a bill relative to commercial 
 relationswith Spain. Letter from the Secretary of the 
 
 Treasury, transmitting report of the Light-house Board relative 
 to a beacon at Long Beach bar. Letter from the Secretary 
 of the 
 
 Treasury, asking an appropriation for paying annuities to 
 Clierokee Indians. Letter from the Secretary of the 
 
 Treasury, relative to an increase of salary to appraiser of Savan- 
 nah, Georgia, and treasurer at Charleston, South Carolina. 
 Letter from the Secretary of the 
 
 Treasury, relative to the transfer to' the Interior Department of 
 jurisdiction over certain Indian affairs. Letter from the Sec- 
 retary of the , 
 
 Treasury, relative to the condition of the mint at San Francisco. 
 Letter from the Secretary of the 
 
 Treasury, transmitting report of the commission on life-saving 
 inventions. Letter from the Secretary of the 
 
 Treasury, transmitting letter from the director of the mint rela- 
 tive to covering into the treasury certain moneys. Letter 
 from the Secretary of the 
 
 Treasury, transmitting annual report of the president of the 
 Sioux City and Pacific Railroad Company for the year 1867. 
 Letter from the Secretary of the 
 
 Vol. 
 
 Part. 
 
 9 
 9 
 
 9 
 11 
 11 
 11 
 
 n 
 n 
 
 11 
 
 11 
 
 11 
 11 
 11 
 
 11 
 11 
 
 1] 
 
 J3 
 13 
 
 13 
 13 
 
 13 
 
 13 
 15 
 15 
 
 15 
 
 15 
 
 No. 
 
 72 
 
 78 
 81 
 
 87 
 100 
 ]]2 
 114 
 
 118 
 123 
 
 127 
 128 
 
 135 
 142 
 144 
 
 146 
 154 
 156 
 164 
 169 
 
 171 
 173 
 
 174 
 
 176 
 189 
 193 
 
 195 
 
 203 
 
XXXII 
 
 INDEX. 
 
 Title. 
 
 Vol. 
 
 Bart. 
 
 No. 
 
 Treasury, approving the report of the cortimiHSion to .select a 
 site for a post office and sub-treasury in the city of Boston. 
 Letter from the Secretary of the , 
 
 Treasury, relative to contract for labor in the appraisers' 
 department in the city of New York. Letter from the Secre- 
 tary of the 
 
 Treasury, transmitting the annual report of the Union Paciiic 
 railroad, eastern division. Letter from the Secretary of ihe. . 
 
 Treasury, relative to the contents of a box in the treasury 
 vault. Letter from the Secretary of the 
 
 Treasmy. transmitting report of the commission to examine 
 spirit meters. Letter from the Secretary of the 
 
 Treasury, relative to Edmund Cooper, Assistant Secretary of 
 the Treasury. Letter from the Secretary of the 
 
 Ti'easury, relative to regulations for the detection of frauds in the 
 printing of postal currency. Letter from the Secretary of the . 
 
 Treasury, transmitting a report by the Treasurer of the United 
 States relative to national bank securities. Letter from the 
 Secretary of the 
 
 Treasury, asking for the amount paid for repairs on the New 
 York custom-house for the past two years. Letter from the 
 Secretary of the 
 
 Treasury, relative to the removal of J. B. Steedman, United 
 States collector in Louisiana. Letter from the Secretary of 
 the 
 
 Treasury, relative to an appropriation to facilitate the payment 
 of soldiers' bounties. Letter from the Secretary of the 
 
 Treasury, transmitting communication from the Light-house 
 
 ' Board relative to the erection of a light-house at the mouth of 
 
 the Au Sable river. Letter from the Secretary of the 
 
 Treasury, transmitting information as to the trade wiih the 
 British provinces. Letter from the Secretary of the 
 
 Treasury, relative to the contract with the Pacific Electric Tele- 
 graph company. Letter from the Secretary of the 
 
 Treasury, relative to commissions paid on the sale of bonds. 
 Letter from the Secretary of the 
 
 Treasury, relative to the proposed post office building in New 
 York. Letter from the Secretary of the 
 
 Treasury, transmitting memorial of the chamber of commerce 
 of Geneva, Switzerland, relative to American finances. Let- 
 ter from the Secretary of the 
 
 Treasury, transmitting a report relative to the necessity of a 
 separate customs district in Maine. Letter from the Secre- 
 tary of the 
 
 Treasury, relative to reports of the Union Pacific and other 
 railroads, to be made according to law. Letter from the 
 Secretary of the 
 
 Treasury, relative to the number of vessels in the revenue ser- 
 vice. Letter from the Secretary of the 
 
 Treasury, relative to the sales of gold since March, 1861. Let- 
 ter from the Secretary of the 
 
 Treasury, relative to appointments in the treasury. Letter 
 from the Secretary of the 
 
 Treasury, relative to the establishment of a light-house at Port 
 Austin, Michigan. Letter from the Secretary of the 
 
 Treasury, transmitting statement of taxes collected on distilled 
 spirits since first of January last. Letter from the Secretary 
 of the 
 
 Treasury, relative to the amount of whiskey seized in New 
 York and Brooklyn. Letter from the Secretary of the 
 
 Treasm'y, transmitting report of the president of the Union 
 Pacific railroad, eastern division, for the years 18t'.2, J8B3, 
 1864, 1865, and 1866. Letter from Secretary of the 
 
 Treasuiy, transmitting statement of the expenses of the coast 
 survey for year ending June 30, 1867. Letter from the Sec- 
 retary of the 
 
 15 
 
 15 
 15 
 15 
 15 
 15 
 15 
 
 15 
 
 15 
 
 15 
 15 
 
 15 
 15 
 15 
 15 
 15 
 
 15 
 
 15 
 
 17 
 17 
 J7 
 17 
 17 
 
 17 
 17 
 
 17 
 
 17 
 
 205 
 
 207 
 208 
 210 
 214 
 217 
 218 
 
 220 
 
 229 
 
 230 
 235 
 
 237 
 240 
 241 
 242 
 243 
 
 251 
 
 252 
 
 253 
 261 
 265 
 267 
 268 
 
 269 
 272 
 
 277 
 
 286 
 
INDEX. 
 
 XXXIII 
 
 Title. 
 
 Treasury relative to judgments in the Court of Claims. Letter 
 from the Secretary of the 
 
 Treasury, transmitting statement of accounts paid during each 
 year, since 1860, for legal service. Letter from the Secre- 
 tary of the 
 
 Treasury, transmitting communication from George W. Briger 
 relative to the Canadian fisheries. Letter from the Secretary 
 of the 
 
 Treasury relative to efforts for the recovery of confederate prop- 
 erty in Europe. Letter from the Secretary of the 
 
 Treasury relative to the custom-house at Toledo. Letter from 
 the Secretary of the 
 
 Treasury transmitting statement of sums paid to the Brazil 
 Mail Steamship Company. Letter from the Secretary of the 
 
 Treasury, transmitting report of the mineral resources of the 
 States and Territories west of the Rocky mountains. Letter 
 from the Secretary of the 
 
 Treasury, transmitting J. W. Taylor's report of the mineral 
 resources of the States and Territories east of the Rocky 
 mountains. Letter from the Secretary of the , 
 
 Treasury relative to light-house at Black Rock. Letter from 
 the Secretary of the 
 
 Treasury relative to the condition of custom-house buildings 
 at Pittsburg. Letter from the Secretary of the 
 
 Treasury relative to the pay of deputy collectors. Letter from 
 the Secretary of the 
 
 Treaty with the Choctaw and Chickasaw Indians, report on. 
 Letter from the Secretary of the Interior in relation to 
 
 Treaties with German states. Message from the President of 
 the United States relative to 
 
 Vessels, number of, in the navy. Letter from the Secretary 
 of Ijie Navy relative to 
 
 Vessels, prize. Letter from the Secretary of the Navy relative 
 to 
 
 Vessels, public sale of. Message of the President of the United 
 States relative to, since the close of the rebellion 
 
 Vessels, bought, sold, and chartered during the war. Letter 
 frem the Secretary of the Navy relative to 
 
 Votes cast for new cohstitutions. Letter from the General of 
 the army relative to 
 
 W. 
 
 War. Annual report of the Secretary of, (Parts 1 and 2) 
 
 Papers accompanying the above. 
 
 Report of the Gereral-in-chief 
 
 Papers aecompanying the same. 
 
 Report of Major General Halleck 
 
 Report of Major General George G- Itfeade, department of 
 the East 
 
 Report of Major General John C. Robinson, department of 
 the Lakes 
 
 Report of General George H. Thomas, department of the 
 Cumberland '. 
 
 Report of General W. H. Emory, department of Washington . 
 
 Report of General JohnM. Schofield, commanding the first 
 military district 
 
 Report of Major General Canby, commanding second mili- 
 tary district 
 
 Vol. Part. No. Pi 
 
 17 
 
 17 
 
 17 
 19 
 19 
 
 18 
 
 16 
 
 17 
 
 SO 
 20 
 20 
 15 
 15 
 
 13 
 
 17 
 17 
 20 
 17 
 
 288 
 
 289 
 
 295 
 304 
 305 
 311 
 
 202 
 
 273 
 317 
 313 
 324 
 
 204 
 245 
 
 159 
 
 279 
 282 
 337 
 
 284 
 
XXXIV 
 
 INDEX. 
 
 Title. 
 
 V»l. Part. No. jPage. 
 
 Eeport of Major General Ord, commanding fourth military 
 district 
 
 Eeport of Major General Sheridan, commanding fifth mili- 
 tary district 
 
 Annual report of the Adjutant General of the army for the 
 
 year 18(i6 
 
 Eeport of the Inspector General and inspector of the Mili- 
 tary Academy 
 
 Eeport of the Judge Advocate General 
 
 Eeport of the Quartermaster General 
 
 Eeport of the Commissary General of Subsistence 
 
 Eeport of the Surgeon General 
 
 Eeport of the Paymaater General 
 
 Eeport of the Chief of Ordnance 
 
 Eeport of Chief Signal Officer 
 
 Eeport of the Commissioner of the Bureau of Refugees, 
 
 Freedmen and Abandoned Landis 
 
 Eeport of the Chief of Engineers 
 
 War, transmitting joint resolution relative to the armory at 
 
 Eock Island. Letter from the Secretary of 
 
 War, transmitting statement of accounts of the Colorado n»ilitia 
 
 for ] 864-65. Letter from the Secretary of 
 
 War, recommending the passage of a resolution for the settle- 
 ment of the accounts of certain officers of the engineer depart- 
 ment. Letter from the Secretary of 
 
 War, in answer to a resolution of the House of November 26, 
 relative to buildings leased in New York and Brooklyn. 
 
 Letter from the Secretary of 
 
 War, transmitting a communication from the Quartermaster 
 General submitting estimates for repair of wharf at Schuyl- 
 kill arsenal. Letter from the Secretary of 
 
 War, in reference to the Military Academy. Letter from the 
 
 Secretary of 
 
 War, transmitting estimate of fnnds for carrying on the depart- 
 ment of the Quartermaster General. Letter from the Secre- 
 tary of .- 
 
 War, transmitting a statement of buildings leased in St. Louis. 
 
 Letter from the Secretary of 
 
 War, in answer to a resolution relative to one MiFliken, a re- 
 turned rebel. Letter from the Secretary of 
 
 War relative to California and Nevada volunteers. Letter 
 
 from the Secretary of 
 
 War, transmitting statements of contracts made by the quarter- 
 masters' department. Letter from the Secretary of 
 
 War relative to the claim of Sainte Marie for compensation for 
 information furnished in the Surratt case. Letter frotfi the 
 
 Secretary of 
 
 War relative to an increase of officers in the quartermasters 
 
 department. Letter from the Secretary ®f 
 
 W ar relative to an appropriation for buildings at San Francisco . 
 
 Letter from the Secretary of 
 
 War relative to appropriations for reconstruction purposes. 
 
 Letter from the Secretary of 
 
 War relative to twenty per cent, extra compensation. Letter 
 
 from the Secretary of 
 
 War, transmitting report respecting improvement of Pawtucket 
 
 river. Letter from the Secretary of 
 
 War relative to the claim of Adam Hardt. Letter from the 
 
 Secretary of 
 
 War relative to twenty per cent, extra compensation. Letter 
 
 from the Secretary of , 
 
 War relative to establishing an arsenal at Fort David Eussell. 
 
 Letter from the Secretary of 
 
 War relative to the hiring of buildings in New Ywk for mili- 
 tary offices. Letter from the Secretary ef 
 
 10 
 13 
 
 H 
 15 
 22 
 24 
 35 
 
 36 
 37 
 39 
 41 
 54 
 60 
 62 
 63 
 64 
 65 
 
 375 
 
 378 
 
 416 
 
 489 
 523 
 524 
 .577 
 .591 
 595 
 606 
 614 
 
 621 
 1 
 
INDEX. 
 
 XXXV 
 
 Title. 
 
 Vol. Part. 
 
 War, transmitting' report of the trial of Henry Wirz. Letter 
 from the Secretajry of 
 
 War, transmitting a report by the quartermasters' department 
 relative to southern railroads. Letter from the Secretary of. 
 
 War, traasmittinjr a letter from the Judge Advocate General 
 relative to Eoljrert Buffum. Letter from the Seeretary of 
 
 War, transmitting report of General George H. Thomas rela- 
 tive to one M^lliken, a returned rebel. Letter from the Secre- 
 tary of , 
 
 War, transmitting draught of joint resolution for the sale of 
 Chattanooga rolling mill property. Letter from the Secre- 
 tary of 
 
 War, transii>itting a report by the Chief of Engineers relative 
 to a bill ^r the relief of the Terminal Central Pacific Rail- 
 road Coippanj'. Letter from the Secretary of 
 
 War, trariemitting report of the Chief of Ordnance relative to 
 the manufacture of arms at the Springfield armory. Letter 
 from t^e Secretary of 1 
 
 War, transmitting reports from military commanders relative 
 
 ^ to sypamp lands granted to the States lately in rebellion. 
 Letj^r from the Secretary of 
 
 War, transmitting draught of joint resolution for the sale of 
 thj site of Fort Covington. Letter from the Seeretary of. . . 
 
 War, transmitting the petition of certain members of the late 
 ipilitia of Memphis. Letter from the Secretary of 
 
 War, transmitting communication from the Chief of Ordnance 
 relative to the removal of the St. Louis arsenal. Letter 
 from the Secretary of 
 
 War, transmitting communication from the Commissioner of 
 Freedmen relative to desiccated mixed vegetables. Letter 
 from the Secretary of 
 
 War, transmitting report from the Quartermaster General rela- 
 tive to the forfeiture of lands granted for railroad purposes. 
 Letter from the Secretary of 
 
 War, transmitting reports in reference to property seized in 
 Louisiana. Letter from the Secretary of 
 
 War, transmitting papers relative to right of way across Fort 
 Leavenworth reservation. Letter from the Secretary of 
 
 War relative to the petition of Walter B. Planden. Letter 
 ftom the Secretary of 
 
 War, transmitting information on file in his department rela- 
 tive to the capture of Jefterson Davis. Letter from the 
 Secretary of 
 
 War, transmitting General J. H. Wilson's report on the survey 
 of the Illinois river. Letter from the Secretary of 
 
 War relative to alleged suffering of United States soldiers in 
 Alaska. Letter from the Secretary of 
 
 War relative to the condition of harbors at Oswego and Salmon 
 river, on Lake Ontario. Letter from the Secretary of 
 
 War, transmitting the report, by the Chief of Engineers, re- 
 specting the survey of the harbor of Port Clinton, Ohio. 
 Letter from the Secretary of 
 
 War, transmitting list of contracts made by engineer depart- 
 ment during the year 1867. Letter from the Secretary of . . . 
 
 War, transmitting report relative to lands granted by Congress 
 to southern States for railroad purposes. Letter from the 
 Secretary of 
 
 War, transmitting communication from the Chief of Engineers 
 enclosing reports respecting the improvement of the Mis- 
 souri river. Letter from the Secretary of 
 
 War, transmitting a statement of contracts by ordnance depart- 
 ment during 1867, and of the quartermasters' department. 
 Letter from the Secretary ofy 
 
 War relative to the military service of John T. Cox. Letter 
 from the Segretary of 
 
 No. 
 
 23 
 73 
 
 74 
 
 75 
 
 77 
 
 79 
 
 83 
 
 86 
 88 
 92 
 
 94 
 
 95 
 
 101 
 102 
 108 
 109 
 
 115 
 116 
 117 
 119 
 
 129 
 130 
 
 131 
 
 136 
 
 145 
 147 
 
XXXVI 
 
 INDEX. 
 
 Title. 
 
 War, trausmitliDg statement of contracts by quartermasters' 
 department. Letter from the Secretary of 
 
 War, transmitting- correspondence between tlie President and 
 General Grant relative to the Secretary of War. Letter from 
 the Secretary of 
 
 War, transmitting; Colonel Hunter's report of the survey of the 
 Connecticut river. Letter from the Secretary of 
 
 War, transmitting report of the operations for removal of Mid- 
 dle Rock, New Haven harbor. Letter from the Secretary of. 
 
 War, transmitting communication relative to railroad on the 
 west side of the Mississippi river. Letter from the Secretary of. 
 
 War, transmitting statement of contracts made by quarter- 
 masters' department. Letter from the Secretary of 
 
 War, transmitting communication from the Quartermaster Gen- 
 eral relative to the sale of the Fort Leavenworth military 
 reservation. Letter from the Secretary of 
 
 War, transmitting report of the survey of the Penobscot river. 
 Letter from the Secretary of 
 
 War, transmitting a letter from the President of the United 
 States relative to the Department of War. Letter from the 
 Secretary of 
 
 War, transmitting papers in the case of Samuel H. Moore. Let- 
 ter from the Secretary of 
 
 War, transmitting report by Colonel Blunt, on the survey for a 
 ship-canal to connect Lakes Erie and Ontario. Letter from 
 the Secretary of 
 
 War, transmitting communication relative to the harbor at 
 Michigan Cityt Indiana. Letter from the Secretary of 
 
 War, transmitting a communication from the Chief of Engineers 
 relative to the harbor at Wilson, Niagara county. New York. 
 Letter from the Secretary of 
 
 War, transmitting application from the president of the Union 
 Pacific railroad, eastern division, for aid from Congress in 
 extending that road to Fort Lyon. Letter from the Secre- 
 tary of , 
 
 War, transmitting revised estimates for harbor and river im- 
 provements. Letter from the Secretary of '. 
 
 War relative to the number of soldiers stationed at certain 
 military posts on the Pacific coast. Letter from the Secre- 
 tary of 
 
 War relative to the occupancy of San Juan island. Letter 
 from the Secretary of 
 
 War, pubmitting estimates of appropriations required for the 
 Chippewa Indians. Letter trom the Secretary of 
 
 War, transmitting communication from the Chief of Engineers 
 relative to the improvement of the Taunton river. Letter 
 from the Secretary of 
 
 War relative to the purchase of certain land on the Battery, 
 in New York city. Letter from the Secretary of 
 
 War, transmitting estimates of appropriations to supply defi- 
 ciencies in appropriations for public buildings. Letter from 
 the Secretary of 
 
 War, transmitting report of the Chief of Engineers relative to 
 the sale of a portion of the Fort Gratiot military reservation. 
 Letter from the Secretary of 
 
 War, transmitting a report by Major General Meade relative to 
 the State of Alabama. . Letter from the Secretary of 
 
 War, transmitting communication from Lieutenant General 
 . Sherman relative to the subsistence of certain Indian tribes. 
 Letter from the Secretary of 
 
 War, transmitting communication from General Schotield rela- 
 tive to the expenses of holding elections in the first military 
 district. Letter from the Secretary of 
 
 War, transmitting General Warren's report of a survey of the 
 Upper Mississippi river. Letter from the Secretary of 
 
 Vol. ! Part. 
 
 Jl 
 II 
 13 
 i3 
 13 
 
 13 
 13 
 
 15 
 15 
 
 15 
 15 
 
 15 
 
 15 
 15 
 
 15 
 15 
 15 
 
 15 
 15 
 
 15 
 
 15 
 15 
 
 15 
 
 15 
 15 
 
 I 
 No. i Page. 
 
 148 
 
 149 
 153 
 163 
 166 
 167 
 
 170 
 178 
 
 183 
 186 
 
 197 
 312 
 
 203 
 
 ^222 
 224 
 
 225 
 226 
 223 
 
 231 
 232 
 
 233 
 
 234 
 238 
 
 231) 
 
 244 
 247 
 
INDEX. 
 
 XXXVII 
 
 Title. 
 
 Vol. 
 
 Part. 
 
 No. 
 
 War relative to the Tinsuitablenes.9 of the Bosque Eedondo 
 Jpservatiun in New Mexico. Letter from the Secretary of. . . 
 
 V%\ relative to the 84th New York volunteers. Letter from 
 ■ »■ the Secretary of 
 
 War relative to contracts made hy ordnance department. Let- 
 ter from the Secretary of 
 
 War, transmitting statement of contracts by quartermasters' 
 department during March, ] 868. Letter from the Secretary of. 
 
 War relative to the harbor at Alton, Illinois. Letter from the 
 Secretary of 
 
 War, transmitting report relative to the survey of Eeedy 
 island and Listen Point. Letter from the Secretary of 
 
 War, transmitting communication from the Chief of Engineers 
 relative to an appropriation for St. Clair Flats. Letter from 
 the Secretary of 
 
 War, transmitting report of the surveys on the Tennessee river. 
 Letter from the Secretary of 
 
 War, transmitting reports relative to the condition of the second 
 military district and the views of the General of the army. 
 Letter from the Secretary of i 
 
 War, transmitting General Michler's report of the survey of the 
 Potomac river. Letter from the Secretary of 
 
 War, transmitting communication from commanding general of 
 the first military district relative to disqualification of certain 
 civil officers. Letter from the Secretary of 
 
 War, transmitting a communication from the General of the 
 army relative to the recent elections in Alabama. Letter from 
 the Secretary of 
 
 War, recommending an appropriation for the bridge at Rock 
 island. Letter from the Secretary of 
 
 War, transmitting papers relative to Bergen Heights arsenal. 
 Letter from the Secretary of 
 
 War, transmitting a communication from the Chief of Engineers 
 relative to an appropriation for public buildings and grounds. 
 Letter from the Secretary of 
 
 War relative to Fort Eiley military reservation. Letter from 
 the Secretary of 
 
 War, transmitting estimate of appropriations required for the 
 execution of the reconstruction laws. Letter from the Sec- 
 retary of 
 
 War; transmitting statement of the estimated diminution of the 
 army np to January 1, 1869, and July 1 of same year. Let- 
 ter from the Secretary of 
 
 War relative to an appropriation for the removal of obstruc- 
 tions in the Delaware river. Letter from the Secretary of 
 
 War relative to reducing the number of majors and captain's 
 in the quartermasters' department. Letter from the Secre- 
 tary of 
 
 War relative to the number of bounties paid under the act of 
 July 28, 1866. Letter from the Secretary of ... 
 
 War relative to Indian hostilities in California. Letter from 
 the Secretary of 
 
 War relative to the construction of wharves at Oswego. Let- 
 ter from the Secretary of 
 
 War relative to the condition of affairs in Kentucky and Ten- 
 nessee. Letter from the Secretary of 
 
 War relative to the number of troops stationed on the Union 
 Pacific railroad. Letter from the Secretary of 
 
 War relative to amounts paid for legal services from 1860 to 
 1868. Letter from the S'ecretary of 
 
 War relative to contracts by quartermasters' department. 
 Letter from the Secretary of 
 
 Warren and Costello, imprisonment of. Message from the 
 President of the United States relative to the 
 
 Wharves in Oswego. Letter from the Secretary of War rela- 
 tive to 
 
 15 
 1,5 
 12 
 17 
 17 
 17 
 
 17 
 17 
 
 17 
 17 
 
 19 
 
 19 
 19 
 19 
 
 19 
 15 
 
 20 
 
 20 
 20 
 
 20 
 20 
 20 
 20 
 20 
 20 
 20 
 20 
 20 
 20 
 
 1,2 
 
 248 
 249 
 99 
 256 
 257 
 258 
 
 270 
 271 
 
 276 
 292 
 
 302 
 
 303 
 306 
 
 307 
 
 309 
 206 
 
 313 
 
 314 
 318 
 
 319 
 320 
 322 
 328 
 329 
 335 
 338 
 841 
 312 
 328 
 
XXXVIII 
 
 INDEX. 
 
 Title. 
 
 Vol. 
 
 Part. 
 
 No. 
 
 Page. 
 
 Whiskey seiied in New York and Brooklyn. Letter from the 
 Seeretaiy of the Treasury, transmitting statement of quan- 
 tity of -- -■ - 
 
 17 
 
 8 
 
 4 
 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 
 4 
 4 
 4 
 4 
 4 
 
 .'.'.'.'.'. 
 
 272 
 23 
 
 1 
 
 
 Wirz. Letter from the Secretary of War, transmitting report 
 
 
 Y. 
 
 Yards and Docks, of the operations of his bureau during the 
 year ending June 30, 1869. Report of the chief , of the 
 
 88 
 
 Papers accompanying the above report. 
 
 89 
 
 
 89 
 
 
 90 
 
 
 92 
 
 Improvements and repairs at Washington 
 
 92 
 93 
 
 
 93 
 
 
 94 
 
 
 95 
 
 
 95 
 
 
 95 
 
 
 95 
 
 
 97 
 
 
 97 
 
 
 98 
 
 
 101 
 
 ment of 
 
 106 
 
 Statement of expenditure and estimates for contingent fund.. 
 
 107 
 109 
 
 Summary statement of estimates under cognizance of bureau. 
 Abstract of accepted and rejected offers for supplies 
 
 1.09 
 110 
 
 
 
40th Congress, ) HOUSE OF EEPKE SENT ATI VES. f Ex. Doc. 
 2d Session. \ \ No. 23. 
 
 TRIAL OF HENRY WIRZ. 
 
 LETTEE 
 
 PROM 
 
 THE SECRETARY OE ¥AR AD INTERIM. 
 
 IN ANSWER TO 
 
 A resolution of the House of April 16, 1866, transmitting a summary of the 
 
 trial of Henry Wirz. 
 
 December 7, 1867. — Referred to the Committee on the Judiciary and ordered to be printed. 
 
 War Department, 
 Washington City, December 5, 1867. 
 Sir: In compliance with a resolution of the House of Representatives, dated 
 April 16, 1866, I have the honor to send herewith a summary of the proceed- 
 ings, &c., of the trial of Henry Wirz. 
 
 Very respectfully, your obedient servant, 
 
 U. S. GRANT, 
 Secretary of War ad interim. 
 Hon. S. OoLFAX, Speaker of the House of Representatives. 
 
 THE TRIAL OP HENRY WIRZ. 
 
 [Prepared in the office of the Adjutant General United States army, in ac- 
 cordance with the following resolution of Congress : ] 
 
 THIRTY-NINTH CONGRESS— FIRST SESSION. 
 
 Congress of the United States, 
 In the House of Representatives, April 16, 1866. 
 On motion of Mr. Garfield, 
 
 Resolved, That the Secretary of War he requested to have prepared for pub- 
 lication the proceedings of the trial of Henry Wirz, in which shall be em- 
 braced, as nearly as practicable in the language of the witnesses, a summary of 
 the testimony given, and the decisions, findings, and sentence of the court, to- 
 gether with the address of the judge advocate, and that made in defence of the 
 prisoner. 
 
 Attest • 
 
 EDWARD McPHEESON, Clerk. 
 
TRIAL OF HENRY WIBZ. 
 
 PLA.\ OF THE WORK. 
 
 The entire testimony taken upon the trial of Henry Wirz is set forth io the 
 following pages. It is arranged in narrative form for the sake of compactness 
 and as being more easily read, the exact language of each witness being given 
 as nearly as practicable. In cases where the meaning of a witness is doubtful 
 or his answer evasive, and also where the testimony is of gi-eat importance, the 
 questions and answers have been given. 
 
 The testimony of the witnesses is given in the order in which it occurs in the 
 original record. Most of the witnesses have been examined upon many sepa- 
 rate and distinct points, and it has been deemed advisable to gather the entire 
 testimony of a witness upon each subject under a suitable heading in the exam- 
 ination in chief, and also in the cross-examination. The reader can, by refer- 
 ence to the index of testimony, ascertain at once the entire testimony upon 
 each allegation set forth in the charges and specifications, and by turning to the 
 page therein indicated find under its suitable heading that which he may select 
 for perusal. 
 
 THE COMPILER. 
 
 Proceedings of a military commission, convened at Washington, D. C, by vir- 
 tue of the following order : 
 
 War Department, Adjutant General's OrFrcB, 
 
 Washingto7i, August 23, 1865. 
 
 [Special Orders No. 453.] 
 [Extract.] 
 
 3. A special military commission is hereby appointed to meet in this city at 
 11 o'cock a. m., on the 23d day of August, 1865, or as soon thereafter as prac- 
 ticable, for the trial of Henry Wirz, and such other prisoners as may be brought 
 before it. 
 
 detail for the commission. 
 
 Major General L. Wallace, United States volunteers. 
 
 Brevet Major General G. Mott, United States volunteers. 
 
 Brevet Major General J. W. Geary, United States volunteers. 
 
 Brevet Major General L. Thomas, Adjutant General United States array. 
 
 Brigadier General Francis Fessenden, United States volunteers. 
 
 Brigadier General E. S. Bragg, United States volunteers. 
 
 Brevet Brigadier General John F. Ballier, colonel ninety-eighth Pennsyl- 
 vania volunteers. 
 
 Brevet Colonel T. Allcock, lieutenant colonel fourth New York artillery. 
 
 Lieutenant Colonel J. H. Stibbs, twelfth Iowa volunteers. 
 
 Colonel N. P. Ohipman. additional aide-de-camp, ju3ge advocate of the 
 commission, with such assistants as he may select, with the approval of the 
 Judge Advocate General. 
 
 The commission will sit without regard to hours. 
 
 By order of the President of the United States : 
 
 E. D. TOWNSEND, 
 Assistant Adjutant General. 
 
 Washington, D. C, 
 Wednesday, August 23, 1865. 
 The commifsion met at 11 o'clock a. m. 
 
 All the members named in the foregoing order and the judge advocate being 
 present, the commission proceeded to the trial of Henry Wirz, who, having 
 
TRIAL OF HENRY WIEZ. 3 
 
 been brougbt before the connnission, and having heard the order convening it 
 read, was asked whether he had any objection to any member named therein, 
 to which he replied in the negative. 
 
 The judge advocate then laid before the commission the correspondence re- 
 questing the services of Major A. A. Hosmer as assistant judge advocate, 
 and the approval of the Judge Advocate General of such selection. 
 
 The members of the commission were then duly sworn by the judge advo- 
 cate, and the judge advocate and assistant judge advocate were duly sworn 
 be the president of the commission respectively in the presence of the accused. 
 
 Henry Gr. Hayes, D. Wolfe Brown,, and William Hinks were duly sworn by 
 the judge advocate as reporters to the commission. 
 
 The accused was then duly arraigned on the following charges and specifica- 
 tions : 
 
 CHARGES AND SPECIFICATIONS. 
 
 Charge I. Maliciously, wilfully, and traitorously, and in aid of the then ex- 
 isting armed rebellion against the United States of America, on or about the 
 first day of March, A. D. 1864, and on divers other days between that day and 
 the tenth day of April, 1865, combining, confederating, and conspiring together 
 with John H. Winder, Eichard B. Winder, Joseph White, W. S. Winder, R. R. 
 Stevenson, and others unknown, to injure the health and destroy the lives of 
 soldiers in the military service of the United States, then held and being pris- 
 oners of war within the lines of the so-called Confederate States and in the mil- 
 itary prisons thereof, to the end that the armies of the United States might be 
 weakened and impaired ; in violation of the laws and customs of war. 
 
 Specification. — In this : that he, the said Henry AVirz, did combine, confed- 
 erate, and conspire with them, the said John H. Winder, Richard B. Winder,. 
 Joseph White, W. S. Winder, R. R. Stevenson, and others whose names are 
 unknown, citizens of the United States aforesaid, and who were then engaged 
 in armed rebellion against the United States, maliciously, traitorously, and in 
 violation of the laws of war, to impair and injure the health and to destroy the 
 lives, by subjecting to torture and great suffering, by confining in unhealthy andj 
 unwholesome quarters, by exposing to the inclemency of winter and to the dews 
 and burning suu.of summer, bycompelling the use of impure water and by furnish- 
 ing insufficient and unwholesome food, of large numbers of federal prisoners, to 
 wit, the number of thirty thousand, soldiers in the military service of the United 
 States of America, held as prisoners of war at Andersonville, in the State of 
 Georgia, within the lines of the so-called Confederate States, on or before the 
 first day of March, A. -D. 1864, and at divers, times between that day and the 
 tenth day of April, A. D. 1865, to the end that the armies of the United States' 
 might be weakened and impaired, and the insurgents engaged in armed rebellion 
 against the United States might be aided and comforted: and he, the said Henry 
 Wirz, an officer in the military service of the so-called Confederate States, being 
 then and there commandant of a military prison at Andersonville, in the State of 
 Georgia, located by authority of the so-called Confederate States, for the confine- 
 ment of prisoners of war, and as such commandant, fully clothed with authority, 
 and in duty bound to treat, care, and provide for such prisoners held as afore- 
 said, as were or might be placed in his custody, according to the law of war, did , 
 in furtherance of such combination, confederation, and conspiracy, and incited 
 thereunto by them, the said John H. Winder, Richard B^ Winder, Joseph White, 
 W. S. Winder, R. R. Stevenson, and others whose names are unknown, mali- 
 ciously, wickedly, and traitorously confine a large number of such prisoners of 
 war, soldiers in the military service of the United States, to the amount of thirty 
 thousand men, in unhealthy and unwholesome quarters, in a close and small area 
 of ground, wholly inadequate to their wants and destructive to their health,, 
 which he well knew and intended; and while there so confined, during the tim© 
 
4 TRIAL OF HENEY WIEZ. 
 
 aforesaid, did, in furtherance of his evil design, and in aid of the said conspiracy, 
 wilfully and maliciously neglect to furnish tents, barracks, or other shelter suffi- 
 cient for their protection from the inclemency of winter and the dews and burning 
 sun of summer; and with such evil intent did take and cause to be taken from 
 them their clothing, blankets, camp equipage, and other property of which they 
 were possessed at the time of being placed in his custody; and with like malice 
 and evil intent, did refuse to furnish or cause to be furnished food, either of a 
 quality or quantity sufBcient to preserve health and sustain life; and did refuse 
 and neglect to furnish wood sufficient for cooking in summer, and to keep the 
 said prisoners warm in winter, and did compel the said prisoners to subsist upon 
 unwholesome food, and that in limited quantities entirely inadequate to sustain 
 health, which he well knew; and did compel the said prisoners to use unwhole- 
 some water, reeking with the filth and garbage of the prison and prison guard, 
 and the offal and drainage of the cook-house of said prison, whereby the prisoners 
 became greatly reduced in their bodily strength, and emaciated and injured in 
 their bodily health; their minds impaired and their intellects broken; and many 
 of them, to wit, the number of ten thousand, whose names are unknown, sick- 
 ened and died by reason thereof, which he, the said Henry Wirz, then and there 
 well knew and intended ; and so knowing and evilly intending, did refuse and 
 neglect to provide proper lodgings, food or nourishment for the sick, and neces- 
 sary medicine and medical attendance for the restoration of their health, and did 
 knowingly, wilfully, and maliciously, in furtherance of his evil designs, permit 
 them to languish and die from want of care and proper treatment ; and the said 
 Henry Wirz, still pursuing his evil purposes, did permit to remain in the said 
 prison, among the emaciated sick and languishing living, the bodies of the dead, 
 until they became corrupt and loathsome, and filled the air with foetid and nox- 
 ious exhalations, and thereby greatly Increased the unwholesomeness of the 
 prison, insomuch that great numbers of said prisoners, to wit, the number of one 
 thousand, whose names are unknown, sickened and died by reason thereof; and 
 the said Henry Wirz, still pursuing his wicked and cruel purpose, wholly disre- 
 garding the usages of civilized warfare, did at the time and place aforesaid mali- 
 ciously and wilfully subject the prisoners aforesaid to cruel, unusual and infamous 
 punishment upon slight, trivial, and fictitious pretences, by fastening large balls 
 of iron to their feet, and binding large numbers of the prisoners aforesaid closely 
 together with large chains around their necks and feet, so that they walked with 
 the greatest difficulty; and being so confined were subjected to the burning rays 
 of the sun, often without food or drink for hours and even days ; from which 
 said cruel treatment large numbers, to wit, the number of one hundred, whose 
 names are unknown, sickened, fainted, and died : and 'he, the said Wirz, did 
 further cruelly treat and injure said prisoners, by maliciously confining them 
 within an instrument of torture called "the stocks," thus depriving them of the 
 use of their limbs, and forcing them to lie, sit, and stand for many hours without 
 the power of changing position, and being without food or drink, in consequence 
 of which many, to wit, the number of thirty, whose names are unknown, sick- 
 ened and died : and he, the said Wirz, still wickedly pursuing his evil purpose, 
 did establish and cause to be designated within the prison enclosure containing 
 said prisoners, a "dead line," being a line around the inner face of the stockade 
 or wall enclosing said prison, and about twenty feet distant from and within said 
 stockade; and having so established said dead line, which was in many places 
 an imaginary line, and in many other places marked by insecure and shifting 
 strips of boards nailed upon the tops of small and insecure stakes or posts, he, 
 the said Wirz, instructed the prison-guard stationed around the top of said 
 stockade to fire upon and kill any of the prisoners aforesaid who might touch, 
 fall upon, pass over, or under, or across the said "dead line;" piirsuMnt to which 
 said orders and instructions, maliciously and needlessly given by said Wirz, the 
 said prison-guard did fire upon and kill a large number of said prisoners, to wit, 
 
TRIAL OF HENRY WIEZ. 
 
 the-number of about three hundred; and the said Wirz, still pursuing his evil 
 purpose, did keep and use ferocious and bloodthirsfy beasts, dangerous to human 
 life, called bloodhounds, to hunt down prisoners of war aforesaid, who made their 
 escape from his custody, and did then and there wilfully and maliciously suffer, 
 incite, and encourage the said beasts to seize, tear, mangle, and maim the bodies 
 and limbs of said fugitive prisoners of war, which the said beasts, incited as 
 aforesaid, then and there did, whereby a large number of said prisoners of war, 
 who during the time aforesaid made tlieir escape and were recaptured, and were 
 by the said beasts then and there cruelly and inhumanly injured, insomuch that 
 many of said prisoners, to wit, the number of about fifty, died: and the said 
 Wirz, still pursuing his wicl^ purpose, and still aiding in carrying out said 
 conspiracy, did use and cause to be used for the pretended purposes of vaccina- 
 tion, impure and poisonous vaccine matter, which said impure and poisonous 
 matter was then and there, by the direction and order of said Wirz, maliciously, 
 cruelly, and wickedly deposited in the arms of many of said prisoners, by reason 
 of which large numbers of them, to wit, one hundred, lost the use of their arms, 
 and many of them, to wit, about the number of two hundred, were so injured 
 that they soon thereafter died : all of which he, the said Henry Wirz, well knew 
 and m;iliciously intended, and in aid of the then existing rebellion against the 
 United States, with a view to assist in weakening and impairing the armies of 
 the United States, and in furtherance of the said conspiracy and with the full 
 knowledge, consent, and connivance of his co-conspirators aforesaid, he the said 
 Wirz then and there did. 
 
 Charge II. — Murder, in violation of the laws and customs of war. 
 
 Specification 1. — In this : that the said Henry Wirz, an officer in the military 
 service of the so-called Confederate States of America, at Andersonville, in the 
 State of Georgia, on or about the eighth day of July, A. D. 1864, then and 
 there being commandant of a prison there located by the authority of the said 
 so-called Confederate States, for the confinement of prisoners of war, taken and 
 held 'as such from the armies of the United States of America, while acting as 
 said commandant, feloniously, wilfully, and of his malice aforethought, did make 
 an assault, and he, the said Henry Wirz, a certain pistol, called a revolver, 
 then and there loaded and charged with gunpowder and bullets, which said 
 pistol the said Henry Wirz, in his hand there and then had and held, to, against, 
 and upon a soldier belonging to the army of the United States, in his the said 
 Henry Wirz's custody as a prisouer of war, whose name is unknown, then and 
 there feloniously, and of his malice aforethought, did shoot and discharge, inflict- 
 ing upon the body of the soldier aforesaid a mortal wound with the pistol afore- 
 said, in consequence of which said mortal wound, murderously inflicted by the 
 said Henry Wirz, the said soldier thereafter, to wit, on the ninth day of July, 
 A. D. 1864, died. 
 
 Specification 2. — In this : that the said Henry Wirz, an officer in the military 
 service of the so-called Confederate States of America, at Andersonville, in the 
 State of Georgia, on or about the twentieth day of September, A. D. 1864, then 
 and there being commandant of a prison there located by the authority of the 
 said so-called Confederate States, for the confinement of prisoners of war, taken 
 and held as such from the armies of the United States of America, while acting 
 as said commandant, feloniously, wilfully, and of his malice aforethought, did 
 jump upon, stamp, kick, bruise, and otherwise injure, with the heels of his boots, 
 a soldier belonging to the army of the United States, in his the said Henry 
 Wirz's custody as a prisoner of war, whose name is unknown, of which said 
 stamping, kicking, and bruising, maliciously done and inflicted by the said Wirz, 
 he, the said soldier, soon thereafter, to wit, on the twentieth day of September, 
 A. D. 1864, died. 
 
 Specification 3. — In this : that the said Henry Wirz, an officer in the mili- 
 tary service of the so-called Confederate States of America, at Andersonville, 
 
b TRIAL OF HENRY WIRZ. 
 
 in the State of Georgia, on or about the thirteenth day of June, A. D. 1864, 
 then and there being commandant of a, prison there located by the authority of 
 the said so-called Confederate States, for the confinement of prisoners of war, 
 taken and hold as such from the armies of the United States of America, while 
 acting as said commandant, feloniously and of his malice aforethought, did make 
 an assault, and he, the said Henry Wirz, a certain pistol, called a revolver, 
 then and there loaded and charged with gunpowder and bullets, which said 
 pistol the said Henry Wirz in his hand there and then had and held to, against, 
 and upon a soldier belonging to the army of the United States, in his, the said 
 Henry Wirz's, custody as a prisoner of war, whose name is unknown, then and 
 there, feloniously and of his malice aforethought, did shoot and discharge, inflict- 
 ing upon the body of the soldier aforesaid a mortal wound with the pistol afore- 
 said, in consequence of which said mortal wound, murderously inflicted by the 
 said Henry Wirz, the said soldier immediately, to wit, on the day aforesaid, died. 
 
 Specijicalion 4. — In this : that the said Henry Wirz, an officer in the military 
 service of the so-called Confederate States of America, at Andersonville, in the 
 State of Georgia, on or about the thirtieth day of May, A. D. 1864, then and 
 there being commandant of a prison there located by the authority of the said 
 Bo-called Confederate States, for the confinement of prisoners of war, taken and 
 held as such from the armies of the United States of America, while acting as 
 said commandant, feloniously and of his malice aforethought, did make an assault, 
 and he, the said Henry Wirz, a certain pistol, called a revolver, then and there 
 loaded and charged with gunpowder and bullets, which said pistol the said 
 Henry Wirz in his hand there and then had and held to, against, and upon a 
 soldier belonging to the army of the United States, in his, the said Henry 
 Wirz's custody as a prisoner of war, whose name is unknown, then and there, 
 feloniously and of his malice aforethought, did shoot and discharge, inflicting 
 upon the body of the soldier aforesaid a mortal wound with the pistol aforesaid, 
 in consequence of which said mortal wound, murderously inflicted by the said 
 Henry Wirz, the said soldier, on the thirtieth day of May, A. D. 1864, died. 
 
 Specification 5. — In this : that the said Henry Wirz, an officer in the military 
 service of the so-called Confederate States of America, at Andersonville, in the 
 State of Georgia, on or about the twentieth day of August, A. D. 1864, then and 
 there being commandant of a prison there located by the authority of the said 
 so-called Confederate States, for the confinement of prisoners of war, taken and 
 held as such from the armies of the United States of America, while acting as 
 said commandant, feloniously and of his malice aforethought, did confine and 
 bind, with an instrument of torture called "the stocks," a soldier belonging to 
 the army of the United States, in his, the said Henry Wirz's, custody as a pris- 
 oner of war, whose name is unknown, in consequence of which said cruel treat- 
 ment, maliciously and murderously inflicted as aforesaid, he, the said soldier, 
 soon thereafter, to wit, on the thirtieth day of August, A. D. 1864, died. 
 
 Specification 6. — In this : that the said Henry Wirz, an officer in the military 
 service of the so-called Confederate States of America, at Andeisonville, in the 
 State of Georgia, on or about the first day of February, 1865, then and there 
 being commandant of a prison there located by the authority of the said so-called 
 Confederate Stales, for the confinement of prisoners of war, taken and held as 
 such from the armies of the United States of America, while acting as said com- 
 mandant, feloniously and of his malice aforethought, did confine and bind within 
 an instrument of torture called " the stocks," a soldier belonging to the army of 
 the United States, in hie, the said Henry Wirz's, custody as a prisoner of war, 
 whose name is unknown, in consequence of which said cruel treatment, mali- 
 ciously and murderously inflicted as aforesaid, he, the said soldier, soon there- 
 after, to wit, on the sixth day of Februaiy, A. D. 1865, died. 
 
 Hpccijication 7. — In tbi.* : that the said Henry Wirz, an officer in the military 
 service of the So-called Ooulcderate States of America, at Andersonville, in the 
 
TEIAL OF HENRY WIEZ. 7 
 
 State of Georgia, on or about the twentieth day of July, A. D. 1864, then and 
 there being commandant of a prison there located by the authority of the said 
 so-called Confederate States, for the confinement of prisoners of war, taken and 
 held as such from the armies of the United States of America, while acting as 
 said commandant, feloniously and of his malice aforethought, did fasten and 
 chain together several persons, soldiers belonging to the army of the United 
 States, in his, the said Henry Wirz's, custody as prisoners of war, whose names 
 are unknown, binding the necks and feets of said prisoners closely together, 
 and compelling them to carry great burdens, to wit, large iron balls chained to 
 their feet, so that in consequence of the said cruel treatment inflicted upon them 
 by the said Henry Wirz as aforesaid, one of said soldiers, a prisoner of war as 
 aforesaid, whose name is unknown, on the twenty-fifth day of July, A. D. 1864, 
 died. 
 
 Specification 8. — In this : that the said Henry Wirz, an officer in the military 
 service of the so-called Confederate States of America, at Andersonville, in the 
 State of Georgia, on or about the fifteenth day of May, A. D. 1894, then and 
 there being commandant of a prison there located by the authority of the said 
 so-called Confederate States, for the confinement of prisoner^ of war taken and 
 held as such from the armies of the United States of America, while acting as 
 said commandant, feloniously, wilfully, and of his malice aforethought, did order 
 a rebel soldier, whose name is unknown, then on duty as a sentinel or guard 
 to the prison of which said Henry Wirz was commandant as aforesaid, to fire 
 upon a soldier belonging to the army of the United States, in his, the said 
 Henry Wirz's, custody as a prisoner of war, whose name is unknown, and in 
 pursuance of said order so as aforesaid, maliciously and murderously given as 
 aforesaid, he, the said rebel soldier, did, with a musket loaded with gunpowder 
 and bullet, then and there fire at the said soldier so as aforesaid held as a pris- 
 oner of war, inflicting upon him a mortal wound with the musket aforesaid, of 
 which he, the said prisoner, soon thereafter, to wit, on the day aforesaid, died. 
 
 Specification 9. — In this: that the said Henry Wirz, an officer in the military 
 service of the so-called Confederate States of America, at Andersonville, in the 
 State of Georgia, on or about the first day of July, A. D. 1864, then and there 
 being commandant of a prison there located by the authority of the said so- 
 called Confederate States, for the confinement of prisoners of war taken and 
 held as such from the armies of the United States of America, while acting as 
 said commandant, feloniously and of his malice aforethought, did order a rebel 
 soldier, whose name is unknown, then on duty as a sentinel or guard to the 
 prison of which said Wirz was commandant as aforesaid, to fire upon a soldier 
 belonging to the army of the United States, in his the said Henry Wirz's cus- 
 tody as a prisoner of war, whose name is unknown, and in pursuance of said 
 order so as aforesaid, maliciously and murderously given as aforesaid, he, the 
 said rebel soldier, did, with a musket loaded with gunpowder and bullet, then 
 and there fire at the said soldier so as aforesaid held as a prisoner of war, 
 inflicting upon him a mortal wound with the said musket, of which he, the said 
 prisoner, soon thereafter, to wit, on the day aforesaid, died. 
 
 Specification 10. — In this : that the said Henry Wirz, an officer in the military 
 service of the so-called Confederate States of America, at Andersonville, in the 
 State of Georgia, on or about the twentieth day of August, A. D. 1864, then 
 and there being commandant of a prison there located by the authority of the 
 said so-called Confederate States for the confinement of prisoners of war, taken 
 and held as such from the armies of the United States of America, while acting 
 as said commandant, feloniously and of his malice aforethought, did order a 
 rebel soldier, whose name is unknown, then on duty as a sentinel or guard to 
 the prison of which said Wirz was commandant as aforesaid, to fire upon a sol- 
 dier belonging to the army of the United States, in his the said Henry Wirz's 
 custody as a prisoner of war, whose name is unknown, and in pursuance of said 
 
O TRIAL OF HENEY WIEZ. 
 
 order so as aforesaid, maliciously and murderously given as aforesaid, ne, the 
 said rebel soldier, did, with a musket loaded with gunpowder and bullet, then 
 and there fire at the said soldier so as aforesaid held as a prisoner of war, 
 inflicting upon him a mortal wound with the said musket, of which be, the said 
 prisoner, soon thereafter, to wit, on tbe day aforesaid, died. 
 
 Specification 11. — In this : that the said Heury Wirz, an officer in the military 
 service of tbe so-called Confederate States of America, at Andersonville, in tbe 
 State of Georgia, on or about tbe 1st day of July, A. D. 1864, then and there 
 being commandant of a prison there located by tbe authority of tbe said so- 
 called Confederate States, for tbe confinement of prisoners of war taken and 
 held as such from tbe armies of the United States of America, while acting as 
 said commandant, feloniously and of his malice aforethought, did cause, incite, 
 and urge certain ferocious and bloodthirsty animals, called bloodhounds, to pur- 
 sue, attack, wound, and tear in pieces a soldier belonging to tbe army of the 
 United States, in bis the said Henry Wirz's custody as a prisoner of war, 
 whose name is unknown, and in consequence thereof tbe said bloodhounds did 
 then and there, with the knowledge, encouragement, and instigation of him, the 
 said Wirz, maliciously and murderously given by him, attack and mortally 
 wound the said soldier, in consequence of which said mortal wound be, tbe 
 said prisoner, soon thereafter, to wit, on tbe sixth day of July, A. D. 1864, died. 
 
 Specification 12. — In this : that the said Henry Wirz, an officer in tbe military 
 service of the so-called Confederate States of America, at Andersonville, in the 
 State of Georgia, on or about tbe twenty-seventh day of July, A. D. 1864, then 
 and there being commandant of a prison there located by the authority of tbe 
 said so-called Confederate States, for tbe confinement of prisoners of war taken 
 and held as such from tbe armies of tbe United States of America, while acting 
 as said commandant, feloniously and of his malice aforethought, did order a 
 rebel soldier, whose name is unknown, then on duty as a sentinel or guard to 
 the prison of which said Wirz was commandant as aforesaid, to fire upon a sol- 
 dier belonging to the army of the United States, in his tbe said Henry Wirz's 
 custody as a prisoner of war. whose name is unknown, and in pursuance of said 
 order so as aforesaid, maliciously and murderously given as aforesaid, he, the 
 said rebel soldier, did, with a musket loaded with gunpowuer and bullet, then 
 and there fire at the said soldier so as aforesaid held as a prisoner of war, in- 
 flicting upon him a mortal wound with tbe said musket, of which said mortal 
 wound he, the said prisoner, soon thereafter, to wit, on tbe day aforesaid, died. 
 
 Specification 13. — In this : that the said Henry Wirz, an officer in tbe mili- 
 tary service of the so called Confederate States of America, at Andersonville, in 
 the State of Georgia, on or about the third day of August, A. D. 1864, then 
 and there being commandant of a piison there located by tbe authority of the 
 said so-called Confederate States, for the confinement of prisoners of war, taken 
 and held as such from tbe armies of the United States of America, while acting 
 as such commandant, feloniously and of his malice aforethought, did make an as- 
 sault upon a soldier belonging to the army of tbe United States, in bis, tbe said 
 Henry Wirz's custody as a prisoner of war, whose name is unknown, and with a 
 pistol called a revolver, then and there held in the hands of tbe said Wirz, did beat 
 and bruise said soldier upon the bead, shoulders and breast, inflicting thereby 
 mortal wounds, from which said beating and bruising aforesaid, and mortal 
 wounds caused thereby, the said soldier soon thereafter, to wit, on the fourth 
 day of August, A. D. 1S64, died. 
 
 By order of tbe President of tbe United States : 
 
 N. P. CHIPMAN, 
 Colonel and A. A. D. C, Judge Advocate. 
 
TRIAL OF HENEY WIRZ. 
 
 EETIREMENT OF COUNSEL. 
 
 The prisoner being called on to plead to the foregoing charges and specifica- 
 tions, Mr. Hughes, on his behalf, applied for a postponement of the case in order to 
 enable the accused to prepare for his defence. Mr. Hughes also announced that 
 his professional connection with the case had ceased, and asked that the com- 
 mission take that fact into consideration in connection with the application of 
 the accused. 
 
 Mr. Peck also withdrew from the case. 
 
 The responsibility of appearing for the prisoner cast upon the judge advocate, 
 he asked, on behalf of the prisoner, an adjournment until 12 o'clock on the 24th 
 instant, which was granted. 
 
 OTHER COUNSEL ADMITTED. 
 
 Washington, D. C, August 24, 1865. 
 
 The commission met at 12 o'clock m. 
 
 Present, all the members, the judge advocate and assistant judge advocate, 
 and the prisoner. 
 
 The proceedings of the last meeting were read and approved. 
 
 On application of the accused, Messrs. Louis Scbade and 0. S. Baker were 
 permitted to appear as his counsel, having stated, in answer to the court, that 
 they had each taken the oath of loyalty. 
 
 'The Judge Advocate called upon the prisoner to plead to the charges and 
 specifications. 
 
 Mr. Schade applied to the commission to grant further time to the prisoner 
 before calling upon him to plead, and asked a postponement of the trial for eight 
 days. 
 
 The Judge Advocate stated that no dilatory plea or plea in bar had been 
 filed, and no issue joined. He would therefore insist that the prisoner should be 
 called upon to plead. 
 
 The court, after deliberation, decided that the prisoner should plead immediately 
 
 The counsel for the accused then inteposed the following plea : 
 
 plea in abatement and to jurisdiction. 
 
 The defendant, Henry Wirz, protests that he ought not to be held or tried 
 by this commission, or any longer kept in confinement by the United States au- 
 thorities, but ought to be discharged from custody, because, he says that on the 
 26th day of April, A. D. 1865, he was an officer in the military service of the 
 so-called Confederate States of America, and was included in the terms of the 
 military convention hereinafter set forth. That upon the said 26th day of 
 April, 1865, a military convention was entered into between Major General 
 William T. Sherman, then commanding the United States forces in North Car- 
 olina, and the said General Joseph E. Johnston, commanding the forces of the 
 so-called Confederate States of America, having for its object the surrender of 
 the forces under the control of the said Johnston, by which convention it was 
 agreed between the said commanding officers as follows : 
 
 All acts of war on the part of troops under General Johnston's command to cease from this 
 date. All arms and public property to be deposited at Greensboro, and delivered to an ord- 
 nance officer of the United States army. Eolls of all the officers and men to be made in du- 
 plicate, one copy to be retained by the commander of the troops and the other to be given 
 to an officer to be designated by General Sherman. Each officer and man to give his in- 
 dividual obligation in writing not to take up arms against the government of the United 
 iStates until properly released from this obligation. The side-arms of officers and their pri- 
 vate horses and baggage to be retained by them. 
 
 This being done, all the officers and men will be permitted to return to their homes, not 
 to be disturbed by the United States authorities so long as they observe their obbgation 
 and the laws in force where they may reside. 
 
10 TEIAL OF HENEY WIRZ. 
 
 That the terms of said convention have been complied with, and this defendant 
 lias at all times since been ready and willing, and now offers to give his individual 
 obligation in writing not to take up arms against the United States government, 
 but has been withheld from so doing by the action of the Uaited States author- 
 ities in keeping this defendant in close confinement, and thus depriving him oi 
 all opportunity so to do. 
 
 That in pursuance of the terms of the said convention, all the military forces 
 of the so-called Confederate States, under the control of the said Johnston, sur- 
 rendered and capitulated, and thereby this defendent fell into the hands of the 
 United States forces, and not otherwise. And this he is ready to verify : where- 
 fore he prays that he may be hence discharged and allowed to return to his home, 
 not to be disturbed by the United States authorities so long as he observes the 
 obligations contained in the said convention and the laws in force where he 
 resides. 
 
 The defendant, Henry Wirz, protests that he ought not to be held or tried by 
 this commission, but ought to be discharged from custody, because, he says, 
 that just before the time of his arrest he was at Andersonville, Georgia, in full 
 enjoyment of his personal liberty, and that Captain Noyes, an officer on the 
 staff of Brevet Major General Wilson, applied to him for information and records 
 relating to the military prison at Andersonville, which he cheerfully consented 
 to give ; and thereupon said Captain Noyes, having competent authority so to 
 do, promised him (said Wirz) that, if he would accompany the said Captain 
 Noyes to the headquarters of General Wilson, to give such verbal information 
 relative to said prison as General Wilson might desire, he should have safe con- 
 duct going and returning to his home, and should not be arrested or held as a 
 prisoner ; and that, relying upon the faith of the said promise, so made by said 
 Captain Noyes, and induced thereby, the prisoner did accompany said Captain 
 Noyes to the headquarters of General Wilson, without arrest, and without 
 guard : and that, having arrived at said headquarters, he was, in violation of 
 said promise and agreement, seized and put in close confinement, and sent to 
 Washington, and has ever since been held, and is now held, in pursuance of the 
 capture so made, and not otherwise ; and this he is ready to verify, &c. 
 Wherefore, he prays that this proceeding may be dispensed with, as to him, and 
 that he may be released. 
 
 The defendant further says that he objects to, and denies the jurisdiction of 
 this commission to trji- him for any offence whatever, and denies its jurisdiction 
 to try him on the charges and specifications here exhibited against him, or any 
 of them. 
 
 The prisoner pleads also — 
 
 1st. That this military commission has no jurisdiction over either his person 
 or over the subject-matter of the charges and specifications, being a tribunal un- 
 authorized by either statute, niilitary law, martial law, or well-established usage, 
 
 2d. That he is a naturalized citizen of the United States ; that he is not, and 
 never has been, in the land or naval forces of the United States ; that the United 
 States are now at peace, both as to foreign and civil war ; that the lately existing 
 civil war is ended, and that no military jurisdiction or authority incident to a 
 state of war alone can rightfully detain, try, or punish him. 
 
 The prisoner, Henry Wirz, further pleads and says that heretofore, to wit, on 
 the twenty-first day of August, 1865, in the city of Washington and District 
 of Columbia, he was arraigned and put in peril, on his plea of not guilty, which 
 be put in upon charges, (an official printed copy of which is hereto annexed,) 
 before a military commission constituted by the same authority as this one, and 
 composed of the same members, with the exception that Major A. A. Hosmer, 
 assistant judge advocate to this commission, was not assigned to duty with, nor 
 a member of the said first commission, and that said charges include the charges 
 now presented against him before this commission ; that afterwards such pro- 
 
TRIAL OF HENRY WIRZ. 11 
 
 ceedings were had, after the issue so joined, as aforesaid, that said first military 
 commission was dissolved and broken up, ■without the consent or agency of 
 him, the said Henry Wirz, and that the same has ceased to exist. Also, that 
 said first commission, before its dissolution, to wit, on the twenty-second day of 
 August, 1805, held a session, at which this defendant was not present, and ad- 
 journed without any time or day certain for reassembling. 
 
 The defendant further saj s that no record was made, to his knowledge, of the 
 proceedings of said first commission, but that the facts above stated are person- 
 ally known to every member of this commission ; and that, if there is any record, 
 it is known to them. These facts he is ready to verify by the record, if any 
 exists, and by the oaths and evidence of the members of this commission, Major 
 Hosmer excepted. He, therefore, says that, having once been put in jeopardy 
 upon the same matters as now charged against him, he cannot lawfully or right- 
 fully be tried or put to answer a second time therefor. ^ 
 
 The said defendant, Henry Wirz, now comes and moves the court to quash ' 
 'the said several charges and specifications, and each and every one of them, be- 
 cause he says that said charges and specifications are, each and every one of 
 them, so uncertain and indefinite, as to the time, place and manner of the 
 offences therein alleged to have been committed, and tlie allegations concerning 
 said alleged offences are so indefinite and vague, that this defendant ought not 
 to be required to plead thereto. 
 
 And, for a further objection thereto, this defendant says that the said charges 
 and specifications are insufficient in this, that they do not, any of them, charge 
 any offence punishable under the laws of war. 
 
 [Signed, on behalf of the accused, by counsel.] 
 
 ARGUMENT THEREON. 
 
 Mr. ScHADE stated that the defence did not propose to discuss these pleas, but 
 proposed to let them go over for final argument. 
 
 The Judge Advocate remarked that, while the pleas in bar might be taken 
 up and decided at any time, the plea alleging indefiniteness and vagueness of 
 the charges should be decided before the hearing of the case was proceeded 
 with, and he called upon the defence to proceed now with the argument of that 
 plea. 
 
 Mr. ScHAUE. Then we must ask for an adjournment until to-morrow, to ena- 
 ble us to prepare the argument. 
 
 The Judge Advocate. The court has decided that the prisoner shall be 
 called upon at this time to plead to the charges. A compliance with that order 
 requires the plea against the charges to be settled now. 
 
 Mr. Baker stated that, after the unusual delay in the trial of the case, he 
 was almost inclined to consent to go on now ; butte would not be doing his duty 
 to the prisoner if he should go on now, and attempt to argue these pleas. He, 
 therefore, hoped that the court would indulge counsel by letting the case go 
 over till to-morrow. 
 
 The Judge Advocate reminded the court that the leading counsel for the 
 defence (Mr. Scbade) had been present during the argument of precisely similar 
 pleas that had been interposed On behalf of the accused. 
 
 Mr. Baker took it for granted that the prisoner was neither to be acquitted 
 nor convicted on any technical points, and he was, therefore, willing to have 
 the plea as to the indefiniteness of the charges withdrawn, if the court would 
 allow the defence to refer to the other pleas, that were not necessarily pleas in 
 abatement. With that admission, the case might, perhaps, go on at once, with- 
 out any further delay. 
 
 The Judge Advocate. 1 am informed that counsel for the defence are will- 
 
12 TEIAL OF HENRY WIEZ. 
 
 ing to take up the pleas at once and argue ttem, and then, after their being 
 decided, let the prisoner plead. 
 
 Mr. Baker. "We propose to waive the argument of the pleas for the present, 
 and put in a. general plea of " not guilty," and go on with the trial. 
 
 The Judge Advocate. Then I shall insist that the record show that the 
 pleas are waived. The court ought to dispose of those pleas at this stage, or 
 the counsel ought to abandon them. They ought not to go upon the record 
 undisposed of; and I have been waiting for the counsel to determine the point, 
 so that, if necessary, an issue could be made upon the pleas,, by a demurrer to 
 them for insufficiency. If the counsel waive the pleas altogether, then, of 
 course, there is no necessity for troubling the court with the argument. 
 
 Mr. Baker. We do not intend to withdraw the pleas. If the court is ready 
 to pass upon these pleas, without further argument, we are prepared for that, 
 and will then enter the plea of " not guilty," and go on with the case. 
 
 The Judge Advocate stated that, if the counsel did not propose to press 
 the pleas now, he would enter a demurrer to the pleas, on the ground of their 
 insufficiency. 
 
 The President suggested that the pleas could be met by a motion, as well 
 as by demurrer, and that the former was more in accordance with the practice 
 of military courts. 
 
 The Judge Advocate. Then I move that the motion to quash, and the 
 several pleas, except the plea to the jurisdiction, be overruled, on the ground of 
 insufficiency. As the counsel of the accused prefer to postpone the argument 
 upon the question of jurisdiction, that question can go over for the present, 
 without impeding the trial, or marring the harmony of the record. 
 
 I leave it for the court to decide whether I shall support this motion by sub- 
 mitiiug, now, an argument which I have, to some extent, prepared. 
 
 The commission, after deliberation, decided that the judge advocate should 
 proceed with the argument of his motion. 
 
 The Judge Advocate said th:it he did not consider it necessary to discuss 
 the motion to quash the charges and specifications, on the ground of insufficiency 
 and indefiniteness. That question had already been decided by the court, at 
 one stage of its proceedings The court would, no doubt, be able to determine, 
 by an examination of the charges and specifications, whether they were suffi- 
 ciently definite to meet the requirements of the law. 
 
 r The next question was that raised by the plea setting out the fact that a 
 court, consisting of the same members as this, has already taken cognizance of 
 this case, had had the pnsoner arraigned before them upon charges similar to 
 those now preferred, and that the prisoner had pleaded " not guilty." It is 
 alleged by the counsel that, by that proceeding, the prisoner has once, according 
 to the contemplation of the Constitution, been put in jeopardy for the offences 
 charged, and that, therefore, this court cannot proceed to try the prisoner. 
 
 In answer to this objection, the ju^lge advocate said he did not deem it 
 necessary to do more than read the following official opinion, given by the chief 
 of the Bureau of Military Justice, the expounder, so far as the army is con 
 cerned, of all questions relating to military law : 
 
 Judge Advocate General's Office, 
 
 October 23, 1864. 
 Ma or : Your letter of the 17th instant has been received. In reply, I have 
 to state that a party who has been arraigned before a court-martial on charges 
 and specifications to which he has pleaded, should not, in the sense of the eighty- 
 seventh article of war, be regarded as having been tried upon them, unless the 
 government had pursued the case to a formal acquittal or conviction. Under 
 the constitutional provision which declares that no person " shall be subject for 
 
TRIAL OF HENRY WIRZ. 13 
 
 tbe same offence to be twice put in jeopardy of life or limb," it has been held 
 that " the jeopardy spoken of can be interpreted to mean nothing short of the 
 acquittal or conviction of the prisoner, and the judgment of the court thereon." 
 (4 Wash. 0. C. R., 409.) To the same effect are the opinions of McLean, J., in 
 United States vs. Shoemaker, 2 McLean R., 114, and of Story, J., in United 
 States vs. Perez, 9 Wheaton, 579. The courts of Massachusetts, New York, 
 Illinois, Kentucky and Mississippi fully sustain this view. If anything less 
 than a formal acquittal or conviction cannot be treated as having even put the 
 party " in jeopardy," a fortiori, it cannot be held as amounting, within the 
 meaning of the eighty-seventh article of war, to a " trial." 
 
 A withdrawal of any charge may be made by the judge advocate, with the 
 assent of the court; and upon such charge, if the interests of public justice re- 
 quire it, the party may be again arraigned. 
 
 Very respectfully, your obedient servant, 
 
 J. HOLT, 
 Judge Advocate General. 
 Major J. M. Willet, 
 
 Judge Advocate. 
 
 The JcDGE Advocate remarked that under this decision the question raised 
 might be considered as res adjudicaia. He then continued his argument as 
 follows : 
 
 Laying aside for the present the discussion of the plea to the jurisdiction, 
 which may be properly taken up at any time during the trial, there seem to be 
 but two questions seriously urged by counsel for the present consideration of 
 the court. These are : 
 
 First. Shall this court dismiss the case at bar because Captain Noyes, a staff 
 officer of Brevet Major General Wilson, violated, as is alleged, a promise made 
 to this prisoner to grant him safe conduct to General Wilson's headquarters and 
 back again to his home ? And second, admitting that the prisoner compliedT' 
 with the terms exacted of rebel soldiers and officers by the Sherman and John- 
 ston convention, does the agreement made by those generals absolve this pris- 
 oner from responsibility for offences and crimes in violation of the laws of warl_.;' 
 
 Supposing the promise and the circumstances under which it was given to be 
 such as alleged by counsel, of which we as yet have no proof, the first point 
 I'aised by the counsel seems to me to present simply a violation of compact or 
 contract entered into between the prisoner and a staff officer of General Wilson, 
 with which this court can have nothing to do. If a promise made by that officer 
 to grant the prisoner a safe-conduct to and from any point has been violated, 
 his remedy is upon General Wilson ; and the circumstance ought not to be 
 pleaded before this court in excuse of crimes previously committed by him. If 
 General Wilson sent for the prisoner for any purpose whatever, promising him 
 a safe return, and afterwards discovered that he was guilty of having committed 
 most atrocious crimes, he was fully justified in revoking the safeguard by him- 
 self given, and taking immediate steps to bring the criminal to justice. A gen- 
 eral always has the right to rescind his own order; and I think General Wilson 
 would have found it difficult to answer to his superior officers if he had released 
 from arrest, and allowed to return to his home, so great a criminal as the pris- 
 oner at the bar stands charged with being, rather than violate the promise set 
 out in the plea. General Wilson had no power (and it is not alleged that he 
 had ) to absolve the prisoner from the responsibility attaching to his crime. 
 
 The books tell us of four special plias in bar, which are good, if proved. These 
 are former acquittal, former conviction, attainder, and pardon. Attainder, how- 
 ever, is, I believe, not known to the practice in this country. But I nowhere 
 find that a special plea in bar is good when it simply alleges the violation of a 
 promise by one who is not pretended to have possessed power to do more than 
 
14 TRIAL OF HENEY WIEZ. 
 
 offer a safeguard, and which he was at any time at liberty to revoke. I sup- 
 pose the gentlemen will not insist that a promise of safe-conduct works a gen- 
 eral pardon or condonement of all past crimes. It sometimes happens that 
 criminals turning " State's evidence," as it is called, are, by a sort of implied 
 pledge made to them by the government, allowed to go unpunished, though, 
 even in a case of this character, the government may, at its discretion, violate 
 its pledge. But the plea involving the point now under discussion has not for 
 its basis even an implied pledge of the government. It simply presents a case 
 analogous to one where a police officer, arresting a criminal, says to him, " Oome 
 with me to the magistrate's office, and I will see that you are not injured ;" the 
 magistrate, upon an investigation, discovers the crime, and, as in duty bound, 
 pays no regard whatever to the promise of the police officer, but at once takes 
 steps for the proper trial and punishment of the offender. In such a case, 
 would any court entertain seriously a plea that the prisoner should be discharged 
 without trial because of the promise made to him by the officer who, in the first 
 instance, made the arrest 1 It is not alleged that Captain Noyes acted upon 
 instructions given him by the President of the United States, nor is it shown 
 that he acted upon instructions even of General Wilson ; but assuming the 
 latter to be true, the case is similar to the illustration just given. I insist, 
 therefore, that the plea is not good and should be overruled. 
 
 The second point and objection made by the counsel seems to present a ques- 
 tion of more difficulty, yet, so far as the rights of this prisoner are concerned, 
 it is quite as easily disposed of. The court must bear in mind that this plea, 
 which is in the nature of a plea in bar, must contain one of the three elements 
 already referred to. Former acquittal is not assumed, nor former conviction. 
 There remains, then, only the plea based upon pardon, and I suppose it is under 
 this head that the counsel hope, if at all, to secure a lodgment for their plea. 
 If members will turn to Archibald's Criminal Pleading, page 87, they will dis- 
 cover that a plea in bar of this class must set out in terms the pardon granted, 
 which the plea here filed does not pretend to do ; and on page 357, Wharton's 
 Criminal Law, it will be found that the pardon must correctly recite the offence, 
 and a misrecital will render it inoperative. The plea, therefore, is bad. 
 
 But I suppose counsel will insist that the agreement entered into between 
 General Sherman and General Johnston may be construed to be in the nature 
 of a general amnesty or pardon. It is not necessary for this court to determine 
 the precise legal interpretation of the agreement cited. It will be quite enough 
 if the court satisfy itself that that agreement does not affect its right to hold 
 the prisoner at bar to answer for the crimes alleged. It is very certain from 
 the action of the government contemporary with that agreement, and from the 
 subsequent action of the Chief Executive, and the opinion of the Attorney 
 General, officially expressed, that neither a treaty of peace, nor a general am- 
 nesty or pardon, nor a universal absolution of crimes committed by rebels 
 during the war, entered into the terms of the capitulation required by General 
 Grant of General Lee, and later, by General Sherman of General Johnston. It 
 will be remembered that in the first convention between Generals Sherman 
 and Johnston, a certain plan of settlement was agreed upon by them and for- 
 warded to the President for his approval, and upon this plan General Sherman 
 proposed to declare peace from the Potomac to the Rio Grande. It will be 
 remembered, too, with what promptness the government disapproved the plan; 
 and one of the chief objections was that the terms worked a general amnesty or 
 pardon, and made the punishment of treason and treasonable offences impos- 
 sible. One of the reasons assigned for the disapproval of that convention was 
 in these words : 
 
 It practically abolishes the confiscation laws and relieves rebels of every degree, who have 
 slaughtered our pevple, from all pains and penaltits for their crimes. 
 
TRIAL OF HENRY WIRZ. 15 
 
 No language could more clearly show that the government had no intention 
 to grant an implied pardon for such offences as those charged against this prisoner. 
 
 It will he remembered, too, that later, and since the war in the field practically 
 ended, the Chief Executive has issued his amnesty proclamation, every para- 
 graph of which demonstrates that he does not regard the agreement made by 
 Generals Grant and Lee, and by Generals Sherman and Johnston, as working 
 the pardon of any person coming within the terms of the agreement ; and as 
 the result of the President's interpretation, we know that the Executive Mansion 
 is daily besieged from morning till night with applicants for pardon, embracing 
 all ranks and grades of society, the enlisted soldier and the major general of the 
 late rebel army, as well as the private citizen. It will be recollected, also, that 
 a United States judge for the district of Virginia has, since the date of the 
 agreement set out in the plea, charged the grand jury that it was their right and 
 duty, notwithstanding that agreement, to inquire into the offence of treason com- 
 mitted by any person who had been engaged in rebellion against the United 
 States government. It may be mentioned, also, that in a recent proceeding before 
 the criminal court of this District, the Attorney General of the United States 
 pronounced his official opinion that the rebellion is still existing. With these 
 very clear indications of the view taken by the government, I submit that this 
 court should proceed with the trial of the prisoner, overruling the plea. 
 
 Let me, however, illustrate the great danger there would be in giving to the 
 agreement cited the latitude of construction insisted upon by counsel. Suppose 
 that a private soldier of General Johnston's army had been the chief actor in 
 the conspiracy which resulted in the assassination of the late President, (and I 
 believe that one of the conspirators was shown to have been a rebel soldier,) 
 and that having accomplished his purpose — having deprived the nation of its 
 leader, and the army of its commander-in-chief — he had escaped, and returned, 
 . as he might have done, to General Johnston's army in time to be included in 
 the terms of surrender; is it to be supposed that the terms of that capitula- 
 tion would exempt the assassin from apprehension and trial for his atrocious 
 crime ? With just as little reason does the prisoner now before this court claim 
 exemption from trial on the charges here preferred. He is charged with having 
 engaged in wholesale murder, by starvation and other inhuman treatment, such 
 as will shock the moral sensibilities of the civilized world — crimes of which 
 neither General Sherman nor the President, at the time of the agreement cited, 
 could have had any knowledge, and which could not'therefore have been condoned 
 by that agreement. And is it now to be said, when these atrocities have been 
 fully brought to light since the date of the agreement, that the fierpetrator of 
 them is to be discharged from custody, and allowed to take his place again in 
 society, with the right to demand the protection of the laws of the country ? 
 The proposition is too monstrous for serious consideration. 
 
 The most that could, with any plausibility, be claimed is that all acts of war 
 committed by this prisoner as a belligerent, and coming within the usages of 
 civilized warfare, may be considered as pardoned, but it cannot be admitted for 
 one moment that anything short of a special pardon by the President of the 
 United States, setting forth piecisely the offences pardoned, can give exemption 
 from trial for acts in violation of the laws and customs of civilized warfare, 
 especially when they involve crimes so enormous and atrocious as those charged 
 upon the prisoner here arraigned. 
 
 Mr. Baker said, that, in the first place, the court must consider the fact that 
 the prisoner was until recently an humble servant of the so-called " southern 
 confederacy ;" and it was in that capacity that he had charge of the Union 
 prisoners. 
 
 It must be considered also that the prisoner is before the court not as a con- 
 victed criminal, but simply as a person charged with crime. It is not to be 
 assumed that he is guilty of the atrocious acts cited by the judge advocate — 
 
16 TRIAL OF HENRY WIRZ. 
 
 acts which may never be proved, and which, in the opinion of counsel, would 
 jgever be proved. 
 
 The prisoner had been simply one of the instruments of an atrocious rebel- 
 lion ; and would any member of the court maintain that any lieutenant, or colonel, 
 or major general in the United States service should be held accountable for 
 every murder in violation of the laws of war, committed in his command, 
 (unknown perhaps to him,) during the last four years ? Counsel was ready to 
 admit that if the prisoner were guilty of one-half the crimes charged upon him, 
 he should suffer at the hands of a proper tribunal the penalty of the law. 
 
 The prisoner, if counsel had been correctly informed, had been invited to 
 come within the Union lines, under a promise that he shoiild have a safe con- 
 duct going and returning. His arrest, under such circumstances, was a violation 
 of good faith and of the laws and usages of civilized war. The judge advocate 
 had said that a commanding general had the right to revoke or set aside his own 
 orders at any time; but would this court consider that a major general in the 
 service of the United States would be deserving of his stars, if he should entice 
 within his lines an humble servant of the so-called " confederacy," under a 
 promise tliat he should be allowed to return safely, and should then, in violation 
 of that promise, hold him as a prisoner and try him for murder 1 Surely the 
 position of the judge advocate could not be sustained by any authorities which 
 would be recognized by this court ; therefore this prisoner is now held wrongfully. 
 
 As to the judge advocate's illustration of a criminal committed by a magis- 
 trate, in violation of a promise, the case was not analogous to the one here pre- 
 sented, because, in the first place, a magistrate would have no authority to make 
 such a promise, and, in the second place, he would have no right to discharge 
 a criminal brought before him. But a commanding general, under the circum- 
 stances cited in the plea, would have the right to make a promise of the kind 
 described, and when made, it would be his right and his duty to keep it. 
 
 As to the plea alleging the unconstitutionality of the present proceeding, on 
 the ground that the prisoner has already been once arraigned and has pleaded, 
 counsel did not deem it necessary to consume time in discussion of that question. 
 Nor would he prolong the argument on the motion to quash the charges and 
 specifications, as he had had no time to examine them critically. He would 
 leave the decision of the question to the discretion of the court. 
 
 DECISION. 
 
 The court was cleared for deliberation ; and when the doors were reopened, 
 the decision of the court was announced, sustaining the motion of the judge 
 advocate. 
 
 THE PRISONER PLEADS NOT GUILTY. 
 
 The prisoner then pleaded not guilty to each of the several charges and spe- 
 cifications. 
 
 The following rules, adopted by the commission for the government of its 
 proceedings, were read : 
 
 RULES OP PROCEEDING. 
 
 I. The commission will hold its sessions in the following hours : Convene at 
 10 a. m., sit till 1 p, m., and then take a recess of one hour. Resume business 
 at 2 p. m. 
 
 II. The prisoner will be allowed counsel, who shall file evidence of having 
 taken the oath prescribed by act ol' Congress, or shall take said oath before 
 being admitted to appear in the case. 
 
 III. The examination of witnesses shall be conducted, on the part of the gov- 
 ernment, by one judge advocate, and by one counsel on the part of the 
 prisoner. 
 
TRIAL OF HENRY WIEZ. 17 
 
 IV. The testimony shall be taken in short-hand by reporters, who shall first 
 take an oath to record the evidence faithfully and truly, and not to communi- 
 cate the same, or any part thereof, or any proceedings on the trial, except by 
 authority of the presiding officer. 
 
 V. The argument of any motion will, unless otherwise ordered by the court, 
 be limited to five minutes, by one judge advocate, and one counsel on behalf of 
 the prisoner. Objections to the testimony will be noted on the record and 
 decided upon argument, limited as above, on motion. When the testimony is 
 closed, the case will be summed up by one counsel for the defence, and the 
 argument shall be closed by the judge advocate. 
 
 VI. The lieutenant in charge of the guard wdl have the prisoner in attend- 
 ance during the trial, and be responsible for his security. Counsel may have 
 access to him in the presence but not in the hearing of the guard. 
 
 VII. The counsel for the prisoner will immediately furnish the judge advo- 
 cate with a list of the witnesses req[uired for the defence, whose attendance will 
 be procured in the usual manner. 
 
 August 24, 1865. 
 
 letter of vflrz to general wilson. 
 
 Mark D. Robinson, for the prosecution: 
 
 Am employed as a clerk to this commission. The first time I met Captaiu 
 Wirz was last Sunday, at the Old Capitol prison. 
 
 (A letter, dated Andersonville, Georgia, May 7, 1865, signed " Hy. Wirz, 
 captain 0. S. A.," was here handed to witness.) 
 
 I have seen that document. I showed it to him at that interview, and asked 
 him if that was the letter which he had written to General Wilson, or a copy. 
 He said that it was the letter which he had sent ; and he went on to explain 
 that he wrote a letter and had it copied ; that that was the copy, and that he 
 sent it instead of sending the original. He said that was the letter that was 
 sent at his direction. The prisoner did not read all of the letter ; he sketched 
 over it pretty carefully. I req[uested him three times to read it, so as to be 
 sure. 
 
 The JdDGE Advocate offered the letter in evidence. 
 
 Counsel for the accused ojected to its reception, on the ground that the ori- 
 ginal document must be produced or its absence satisfactorily accounted for, 
 and that the evidence showed this letter to be a copy. 
 
 The court overruled the objection. 
 
 The following letter was then read and put in evidence : 
 
 Andersonville, Ga., May 7, 1865. 
 
 General: It is with great reluctance that I address you these lines, being fully aware 
 how little time is left you to attend to such matters as I now have the honor to lay before 
 you, and if I could see any other way to accomplish my object I would not intrude 
 upon you. I am a native of Switzerland, and was before the war a citizen of Louisiana, 
 and by profession a physician. Like hundreds and thousands of others, I was carried away 
 by the mtElstrom of excitement and joined the southern army. I was very seriously 
 wounded at the battle of "Seven Pines," near Richmond, Virginia, and have nearly lost 
 the use of my right arm. Unfit for field duty, I was ordered to report to Brevet Major 
 General John H. Winder, in charge of federal prisoners of war, who ordered me to take 
 charge of a prison in Tuscaloosa, Alabama. My health failing me, I applied for a furlough 
 and went to Europe, from whence I returned in February, 1865. I was then ordered to 
 report to the commandant of the military prison at Andersonville, Georgia, who assigned 
 me to the command of the interior of the prison. The duties I had to perform were ardu- 
 ous and unpleasant, and 1 am satisfied that no man can or will justly blame me for things 
 that happened here, and which were beyond my power to control. I do not think that I 
 ought to be held responsible for the shortness of rations, for the overcrowded" state of the 
 prison, (which was of itself a prolific source of fearful mortality, ) for the inadequate sup- 
 plies of clothing, want of shelter, &c., &c. Still I now bear the odium, and men who 
 were prisoners have seemed disposed to wreak their vengeance upon me for what they have 
 suffered — I, who was only the medium, or, I may better say, the tool in the hands of my 
 
 H. Ex. Doc. 23 2 
 
18 TRIAL OF HENRY WIRZ. 
 
 Buperiors. This is my conditSon. I am a man with a family. I lost all my property Tvhen 
 the federal army besieged Vicksburg. I have no money at present to go to any place, and, 
 even if I had, I know of no place where I can go. My life is in danger, and 1 most re- 
 spectfully ask of you help and relief. If you will be so generous as to give me soDie sort ot 
 a safe conduct, or, what I should greatly prefer, a guard to protect myself and tarnily 
 against violence, I should be thankful to you ; and you may rest assured that your protec- 
 tion will not be given to one who is unworthy of it. My intention is to return with my 
 family to Europe, as soon as I can make the arrangements. In the mean time I have the 
 honor, general, to remain, very respectfully, your obedient servant, . „ „ , 
 
 ^ ' J i- J. .7 ^^ WIRZ, Captain C. S. A. 
 
 Major General J. H. Wilson, U. S. A., 
 
 Commanding Macon, Georgia. 
 
 Cross-examined by Counsel : 
 
 The prisoner was in the Old Capitol prison when I had this conversation 
 with him. I was sent there to serve on him a copy, of the charges and specifi- 
 cations last Sunday afternoon. I took the letter there to ascertain if it was a 
 copy or the original. The judge advocate gave it to me. The prisoner did not 
 read all of the letter ; he just sketched over it very carefully. By that I mean 
 he would read a few lines, and then skip a few lines. I supposed he was read- 
 ing it ; he looked at it, bnt did not read it aloud. I cannot swear positively 
 that he did anything more than simply look at it; but to the best of my 
 knowledge I think he read parts of it. 
 
 August 24, 1865. 
 
 Captain Henry E. Noyes, for the prosecution : 
 
 Am captain, United States cavalry, aide-de-camp to Major General Wilson. 
 
 (The letter of Wirz to General Wilson was here handed to the witness.) 
 
 I have seen it before at the headquarters of Geuei'al Wilson. It did not 
 come to those headquarters in regular course of mail. An officer was sent 
 from headquarters to Andersonville, and he brought back this paper, which was 
 found among the papers of Captain Wirz's office. This is the signature of 
 General Wilson on the indorsement. 
 
 Cross-examined by Counsel : 
 
 I was at the Lanier House, Macon, Georgia, when that letter first came into 
 my hands. It was handed to me to read by General Wilson or his adjutant 
 general. I read it and handed it back to the person who gave it to me. It 
 was somewhere about the first of May last. 1 do not know of my own knowl- 
 edge how it came into the hands of the person who gave it to me, only as I 
 was informed. I know that the officer was detailed to go for it, and that he 
 brought it. I saw the letter again within a week or two afterwards ; it was 
 delivered to me by General Wilson's adjutant general at the same place. I 
 put it into my pocket and brought it to this city. I delivered it to General 
 Townsend, assistant adjutant general United States army. I never saw it after 
 that until yesterday. I never saw the accused write, and cannot say that this 
 letter is in his handwriting. 
 
 September 19, 1865. 
 
 Recalled for the prosecution : 
 
 THE ARREST OF WIRZ AND THE ALLEGATION THAT THE GOVERNMENT HAD 
 PEOMISED HIM PROTECTION. 
 
 The Judge Advocate stated that he had recalled the witness for the pur- 
 pose of examining him as to a matter set out in a plea' filed by the counsel 
 who first appeared for the defence, and reiterated by the counsel who now rep- 
 resented the accused : that was, the allegation that the government had pledged 
 its faith to the prisoner that he should not be prosecuted nor injured if b( 
 would go to Macon, to General Wilson's headquarters. He (the judge advo 
 cate) wished to explode that idea now, and that was his only purpose in call 
 ing the witness. 
 
TRIAL OP HENEY WIRZ. 19 
 
 The Counsel for the accused stated he attached very little impdrtance to 
 that point. 
 
 The Witness. I was on duty at Macon from the 20th of April, 1865, till 
 about the 20tli of May, when I came to Washington with Captain Wirz and 
 the records of the Andersonville prison. I returned to Macon, arriving there 
 in July, and I have come back here in answer to a subpoena. 
 
 About the first or second of May, 1865, I was ordered by General Wilson to 
 Alabama to take the news of the repudiation of the Sherman armistice to our 
 forces in Alabama, the nearest command being that of General Grierson, at 
 Eufaula. On my way there I passed through Andersonville, where the train, 
 a special one, stopped to wood and water. I got out of the train there and 
 walked around. I noticed a crowd collected, and saw a number of our men 
 who had been prisoners there, very sick. They were evidently preparing to go 
 to Macon, where General Wilson had ordered all the sick to be brought. I 
 saw a number of officers and soldiers in confederate uniform, some of them ap- 
 pearing to have authority. Two or three of them had pieces of paper which 
 they were presenting to the sick men to sign. That first attracted my atten- 
 tion casually. Finally I got upon the train, and, as it was about to start, I 
 heard a remark that attracted my attention. It was to this effect : " Hurry up 
 and sign these paroles, or you'll die here anyhow." I looked out of the win- 
 dow and saw Captain Wirz. I could not swear that he made the remark which 
 I heard, but I have heard his voice since, and I think it was his voice. As 
 neither Captain Wirz nor anybody at Andersonville could have known that the 
 armistice was repudiated, and as it was evident that they were paroling our 
 sick men, I was on the point of getting out of the cars to remonstrate on the 
 subject, when the whistle blew and the train started off. The sick men there 
 were mostly so sick that they had to have men supporting them on each side. 
 Very few of them, if any, could write their names, but simply touched the pen 
 as the paper was presented to them. 
 
 When I got back to Macon, I reported to General Wilson what I had seen, 
 who told me I must go there again and arrest Captain Wirz. I left that day or 
 the next, about the 6th of May, and took a party of men with me. As I had 
 to stay over night, and as there were no accommodations at Andersonville, I 
 went on to Americus, about ten miles beyond, where I remained over night, 
 coming back to Andersonville on a freight train next morning. There I accom- 
 plished my mission, that is; I arrested Captain Wirz, and gathered together all 
 the records which I thought important, excepting the hospital records. These 
 I did not take because Dr. Eoy said they were not yet complete, and that if 
 I would send him down some clerks he would see that they were completed. 
 This I agreed to do. 
 
 The immediate circumstances of Captain Wirz's arrest were these : I went 
 to his house and saw him there ; the family were about him, that is his wife 
 and >two daughters. It is a very hard thing to take a man from his family, and 
 particularly so in that case, as Mrs. Wirz and one of the daughters at least 
 were crying and having considerable trouble. To pacify them and to do the 
 thing as quietly as I could, I told Mrs. Wirz, and also told the captain, that 
 they need not distress themselves at all ; that on his arrival at Macon, if ' Gene- 
 ral Wilson was satisfied that he had done no more than his duty, and had simply 
 acted in accordance with his orders, he would probably be released. That was 
 the sum and substance of the conversation. General Wilson did not direct me 
 to make any promise to the prisoner, or to give him any safe conduct, and I do 
 not consider that I did. 
 
 He was conveyed to Macon under guard, and remained there under guard ; 
 he was not on parole at all. I have no doubt that my conversation might have 
 been construed, by those who were very anxious that it should be so, into a 
 promise that he would be returned, but I had no doubt in my mind that General 
 
20 TEIAL OF HENKY WIRZ. 
 
 Wilson would hold him as a prisoner. I intended to convey to him no prom- 
 ise of safe return, but merely intended to pacify his family and himself ; he 
 was very much excited. These are all the circumstances which I remember, 
 particularly connected with the arrest. 
 
 He remained under our headquarter guard until about the 20th of May, when 
 I was ordered to convey him to Washington, with all the Andersonville records, 
 including the hospital records, which General Wilson had sent an officer for, 
 and the flags which General Wilson had captured in his campaign through 
 Alabama and Georgia. I had trouble all the way till we came north of the 
 Ohio river, on account of our men who had been at Andersonville recognizing 
 the prisoner. I have read in the newspapers that I endangered my life to pro- 
 tect him. There is a misconception on that point, but I do not think the pris- 
 oner could have got here alive if thei-e had not been an officer in charge of the 
 party. At Chattanooga, where I was stopping temporarily, I sent him to the 
 post prison to be taken care of, as I knew that outside of that he would collect 
 a great crowd. He h^d on good, fair-looking confederate clothes, and a hat, 
 and was pretty decently dressed generally. When I saw him again I hardly 
 knew him ; all his clothes were stripped off him, he had only a part of his hat, 
 no coat, a very dirty shirt, a portion of a pair of pants pretty badly torn, and 
 shoes. Whenever I got him where there were any of our soldiers I bad to 
 hurry him off and get him under a strong guard in order to save him. I had 
 trouble in getting him on board the boat at Nashville. I think that but for the 
 guard I had, and my personal presence, they would have taken hold of him 
 ihere, and if they had got hold of him I do not suppose he would ever have 
 reached Washington. He was afterwards disguised. 
 
 The Oou.'vSEL for the accused here remarked that he did not see the use of 
 going into this, that all that may be admitted. 
 
 The Judge Advocate replied : If you admit it, and instruct your organs all 
 over the country to do it, I will be very glad. I feel it a duty which I owe to 
 the government to get out these facts. 
 
 Mr. Baker. I have no organs but myself. 
 
 The Judge Advocate. I do not want to state to the court what I know 
 about that. 
 
 The WiTMESS resumed : At Louisville he still had his extremely dilapidated 
 appearance, which, if there was nothing else, would have attracted attention, 
 lie said that he had some friends there. Between those friends any myself we 
 i-ucceeded in getting a complete suit of black and a beaver hat. He had also 
 his face shaved clean, which entirely altered his appearance, so much so that 
 we were not troubled at all after that. I do not think he was recognized after 
 ihat, although a good many soldiers must have seen him, particularly at Cincin- 
 nati. 
 
 Cross-examined by Counsel ; 
 
 I did not take Captain Wirz to General Wilson in person. I took him to 
 General Wilson's headquarters and put him under guard there. I then reported 
 to General Wilson that I had arrived with ray prisoner and a portion of the 
 records. I am pretty certain that the general had not seen him at that time. 
 
 August 24, 1865. 
 
 THE PRISON— WlRZ ITS COMMANDER. 
 
 Colonel George C. Gibbs, for the prosecution : 
 
 I reside in Florida, and have been in the confederate army during the last 
 four years, holding the rank of colonel at the close of my service. I was on 
 duty at Andersonville as commander of the post at one time. 
 
 (A paper was here handed to the witness.) 
 
 It is the original order assigning me to duty. 
 
 (The following order was then read and put in evidence :) 
 
TRIAL OF HENRY WIRZ. 21 
 
 [General Orders No. 83.] 
 
 Camp Sumter, Andeesonviixe, Georgia, 
 
 October 9, 1864. 
 
 1. Colonel G. C. Gibbs is hereby assigned to the command of the post at Camp Sumter, 
 Andersonville, Georgia. 
 
 2. The prison and all federal prisoners at thepost are under the immediate charge of the 
 commander at the prison. No one will be permitted to enter the prison except on a pass 
 from him. The commanding officer wishing to pass any one into the prison, will order the 
 commanding officer of the prison to give the required pass. 
 
 By order of Brigadier General John H. Winder : 
 
 W. L. WINDER, 
 Assistant Adjutant General. 
 
 The witness was asked if he was familiar with the handwriting of Henry 
 Wirz, to which he replied that he was. 
 
 A pass was handed to him and he was requested to state whether the signa- 
 ture was Wirz's. He.replied that he believed it to be his signature. 
 
 (The following pass was then put in evidence : ) 
 
 Headquarters Confederate States Militaey Prison, 
 
 Camp Sumter^ Georgia^ September 6, 1864, 
 W. B. Lennox has permission, until further orders, to go to hospital and return to chief 
 surgeon's office. 
 
 H. WIRZ, 
 Captain^ Commanding Prison, 
 
 Ths maps of the prison ground at Andersonville were shown to witness. He 
 stated that they were correct as far as he could judge. 
 
 The maps were then put in evidence. 
 
 The Witness resumed : One of my duties as commanilant of the post was 
 to make requisitions for the guard required by the officer commanding the prison, 
 and to turn the guard over to him, and to order the issue of commissary stores 
 upon the requisition of the officer commanding the prison, Captain Wirz. The 
 provision returns were in the ordinary form, signed by Captain Wirz, as com- 
 manding the prison, and the issues were made by my orders. I had no control, 
 whatever, of the prison. Captain Wirz had exclusive control of the prison while 
 I was there ; I had nothing whatever to do with the police regulations or military 
 discipline of the prison ; Captain Wirz had. The order assigning me to duty 
 forbade me from having anything to do with the prison. Captain Wirz was in 
 command of the prison when I went there, and I do not know whether he was 
 ever relieved. In my absence sometimes he commanded the post, and in that 
 case he might grant furloughs ; I do not know whether he did it or not. 
 
 I once visited the prison at Andersonville before I was assigned to duty there. 
 I think it was in August, 1864. Lieutenant Davis was in command then. Cap- 
 tain Wirz was sick, but was nominally commandant. It was about the middle 
 of August, I believe. The prison was very much crowded. I did not go inside 
 the stockade. I rode around it on three sides, I think, and could see into it 
 from the batteries that commanded it. I never saw so many men together in 
 the same space before — it had more the appearance of an ant-hill than anything 
 else I can compare it to. I did not notice if the odor arising from it was offensive^ 
 
 THE AUTHORITY OF WIRZ OVER THE HOSPITAL. 
 
 There were surgeons who were attached to the prison hospital, and other sur- 
 geons who were attached to the confederate hospital. The surgeons in the 
 prison hospital, while I was there, received their orders from Captain Wirz. I 
 believe he had control of the prison hospital, but of the other he had not. 
 
 Q. Did you ever see him exercising that control ? 
 
22 TRIAL OF HENRY WIEZ. 
 
 A. I have seen orders *hich Captain Wirz has written to the surgeon of that 
 hflspital. 
 \ Q. Did you ever know him to interfere in any way with the hospital f 
 
 A. I never knew him to interfere with the medical treatment of the prisoners 
 m the hospital. The only instance of interference I have ever known was the 
 punishment of a paroled man, employed as a nurse, I think, who had failed to 
 I report the escape of a prisoner. 
 ^ Q. What did Captain Wirz do with him ? 
 
 A. The man was put in the "stocks" for a little while, till Dr. James inter- 
 fered and demanded his release. 
 
 THE DEAD-LINE. 
 
 r 
 
 I know of there having been established a dead-line at the prison. I do not 
 know if Captain Wirz bad anything to do with the construction of it. Its ob- 
 ject was to keep the prisoners from approaching the stockade. I cannot tell 
 what Captain Wirz's orders were in regard to it. I presume there were 'orders, 
 but do not know what they were. I never heard them. I never gave any, and 
 1 never heard Wirz give any. The existing regulation at all the military 
 prisons I know of was that any one crossing the dead-line was to be shot ; I be- 
 Ulieve that was the regulation at Andersonville. 
 
 THE STOCKADE. 
 
 I was not there when the stockade was erected. It was built of hewed timber 
 that projected above ground I should say ten or eleven feet ; I cannot state how 
 deep it went under ground. It enclosed sixteen, seventeen, or eighteen acres 
 of ground, with a stream running through it near the centre. There were sev- 
 eral batteries round it, upon only two of which, I think, there were any guns 
 mounted. The works were built as well for the security of the prisoners as to 
 defend the place. The guns were twelve-pounder howitzers, six-pounder guns, 
 and perhaps a small rifle piece or two. I do not think there were larger guns 
 there than twelve-pounders. The dead line ran parallel with the stockade, and 
 at a distance from it of about twenty feet. There was an outer stockade, and 
 an attempt at a covered way still outside of that, leading from battery to bat- 
 tery, that never was completed ; and I do not think the second line of stockade 
 was entirely completed. 
 
 THE CONDITION OF THE PRISONERS THE NUMBER OF DEATHS — AND THE 
 
 NUMBER CONFINED THERE AT ONE TIME. 
 
 1 1 rode and walked into the prison frequently while I was in command bf the 
 post. While I was there there were comparatively few prisoners in it. I do 
 not think there were more than six or seven thousand at any time. They were 
 badly off for clothing and badly off for shelter. Except as to that, I do ,not 
 think they were suffering while I was at the post. I think Captain Wirz told 
 me between twelve and thirteen thousand prisoners had died there. He told 
 me that some time last spring, I think. I believe he was in command there 
 about a year. He told me that there were thirty-three thousand confined there 
 at one time. The extent of the prison was seventeen or eighteen or nineteen 
 i.acres, including the stream of water. 
 
 GENERAL JOHN H. WINDER AND SONS. 
 
 I know General John H. Winder very well. I think he was at Anderson- 
 ville several months. He left there in October, 1864. He commanded military 
 prisons east of the Mississippi river. I cannot say to what extent the accused 
 had official connection with General Winder ; they were both at Andersonville 
 together. I have known the accused to issue orders for transportation in the 
 
TRIAL OP HENEY WIRZ. 23 
 
 name of General Winder, but do not know of his issuing any other orders in his 
 name. I cannot saj' if they were both exercising control there. 
 
 I know Richard B. Winder. He was a quartermaster, and was on duty at 
 one time at Andersonville. I found him on duty there in October, 1864. He 
 left soon afterwards, and went to Camp Lawton, Millen, seventy-five miles from 
 Savannah. 
 
 I know W. 8. Winder. He was a captain, and his father's assistant adjutant 
 general. He was on duty at Andersonville when I went there. 
 
 BY WHOM THE PRISON WAS LOCATED. 
 
 The two captains Winder located the prison, I think. I cannot speak with 
 absolute certainty as to when it was located, but I think it was commenced in 
 November or December, 1863. In January, 1864, I had some conversation 
 with General Winder on the subject of that prison, and he told me that those 
 two officers were down there locating a prison. He said that he had sent them. 
 
 DOCTOR WHITE. 
 
 I know Joseph White ; he was a surgeon in the confederate army, and was 
 on duty at Andersonville when I went there. He left soon afterwards for 
 Millen, He was senior surgeon at Andersonville. 
 
 E. R. STEVEXSON. 
 
 I know R. R. Stevenson ; he was a surgeon there after' Dr. White left. I 
 think he was in charge of the hospital for a short time until a surgeon senior to 
 him came. 
 
 THE DOGS. 
 
 I know that there were dogs kept at the prison. They were intended, on the ' 
 escape of prisoners, to track them, so that they could be recaptured. They were 
 used in that way. I do not know how they were subsisted, except in this ; that 
 after the prison became almost empty of prisoners, when there were none left 
 but a lew sick, the dogs were subsisted by corn meal furnished by the commis- 
 sary. I heard they were mustered into the confederate service as horses, but I 
 do not know of my own knowledge that they were. A man named Turner had 
 them in charge ; I do not know his given name, or what became of him. 
 
 INSTRUMENTS OF TORTURE. 
 
 I have seen at the prison an instrument called " the stocks." The prisoner 
 did not tell me anything about the use of them ; he never spoke to me about 
 them at all. I do not know of any man being put in them, except the one of 
 whom I spoke. 
 
 The prisoner never told me about any other instrument of torture or disci- 
 pline used for the purpose of enforcing discipline. There was a ball and chain 
 at the place. I have heard him speak of an instrument called the "chain gang." 
 He said there had been such a gang at Andersonville. 
 
 Cross-examined by Counsel : 
 I think I went on duty at Andersonville about the 10th or 12th of October, 
 1864. I remained there until the 19th of April, 1865. Captain Wirz was there 
 all the time that I was there, except one or two days when he was on leave of 
 absence. He may have been sick for a few days, and off duty for that cause. 
 I think it very likely. I was much Ms senior in rank. He was not under my 
 command as far as the prison was concerned. I was in command of the post 
 at Camp Sumter, Andersonville, Georgia. The order defines the two positions 
 very distinctly. The commissaries and q^uartermasters, and the officers of the 
 
24 TRIAL OF HENRY WIRZ. 
 
 confederate hospital were under my control. I had n right to call on the omcer 
 commanding the troops — who was, part of the time, a brigadier general— to 
 furnish me such troops as Captain Wirz might require me to furnish to him. 
 These troops were turned over to Captain Wirz, and were under his irnmediate 
 command. The quartermaster and commissary were under my immediate com- 
 mand ; none of them were under the authority of Captain Wirz in any way. 
 The commissary furnished the prison with supplies of all descriptions. The 
 prisoners did not draw clothing at all ; there was an agreement between both 
 governments that each should clothe its own men. The proper person to supply 
 clothing would be the quartermaster, not the commissary. The quartermaster 
 did not supply any prisoners with clothing that I know of. 
 
 I did not at any time exercise any control over the prisoners ; that was none 
 of my duty ; I had no orders to give to Captain Wirz so far as the discipline 
 of the prison was concerned ; I can tell you cases wherein I might have given 
 Captain Wirz orders, but I cannot tell you cases wherein I did give him any. 
 If Captain Wirz attempted to give an order to a postofficer under my command 
 I would have forbidden him to do it ; he had no right to do it any more than I 
 had a right to interfere with him in the arrangement of his prison. 
 
 THE RATIONS. 
 
 The commissary supplied the provisions on the requisition of Captain Wirz ; 
 I know there was food enough to feed the troops and the prisoners there; I 
 believe the rations issued to both were the same ; that is my impression ; I do 
 i not know it positively ; I do not recollect what the rations were exactly. 
 
 Q. State what rations were furnished to the prisoners. 
 
 (The question was objected to by the judge advocate on the ground that nothing 
 had been asked in the examination in chief about the rations. 
 
 The commission, after deliberation, overruled the objection.) 
 I A. The ration was meat, (I cannot tell the quantity,) corn-meal, what we call 
 peas, but what are here called beans, molasses or sirup, and in the hospital they got 
 [some flour. 
 
 Q. Did these rations vary or were they served all the time ? 
 
 A. They ought not to have varied, but whether they did or not I do not know. 
 
 Q. Do you know whether they were generally served during the time you 
 were there ? 
 
 A. I know that requisitions were daily made during that time. 
 
 Q. Do you not know as to the quantity of the ration 1 
 
 A. I do not. 
 PQ. Can you tell us as to the quality ? 
 
 A. I can only tell you this, that if the rations were unsound as issued, a 
 hoard of survey would have been at once appointed to have condemned them. 
 
 Q. Do you know anything about Captain Wirz complaining several times to 
 the board of survey ? 
 
 A. He could not have complained to the board of survey, for there was none 
 (appointed. 
 
 " "The Judge Advocate objected to this course of cross-examination, as it was 
 in respect to new matter which was not touched in the direct examination. 
 
 The President, In overruling the last objection the court meant to convey 
 the idea that the witness was adopted by the defence as its own witness. 
 
 Mr. Baker. That suggestion had never been made. 
 
 The Judge Advocate. This witness is subpoenaed by the defence. 
 
 Mr. Baker. This witness is put uporj the stand not by the defence, but by 
 the government, and we have a right to cross-examine him on all points ramify- 
 ing from those on which he was examined by the prosecution. 
 
 The court was cleared for deliberation, and on the doors being re opened it 
 was announced by the president that the understanding of the court, when it 
 
TRIAL OF HENEY WIEZ. 25 
 
 permitted counsel to ask questions touching the rations, was that the defence 
 was adopting the witness as its own witness, and that but for that understanding 
 the court would not have permitted those interrogatories to have been put. 
 
 Mr. Baker. Then we will withdraw all the examination on that point. 
 
 The President. Counsel must understand distinctly that there is no striking 
 out or withdrawing from the record ; whatever is done in this court is done. .^ 
 
 The Witness resumed : Captain Wirz reported to me as an officer of the post ; 
 he made his morning report of prisoners, so that in making his daily requisition 
 for provisions I could compare it with the morning report of prisoners to see 
 that he was drawing rations for the exact number ; I know that he drew ratioAs 
 every day for the prisoners, and every day I signed his provision returns ; that 
 was his duty. 
 
 Q, Did you give any orders to buy anything ? 
 
 A. I did to the quartermaster. 
 
 Q. Did you ever give any to Captain Wirz ? 
 
 A. I have no recollection of ever having done so ; I gave the quartermaster 
 orders to buy large quantities of lumber, which he was unable to do ; this lum- 
 ber was to be used for the erection of quarters ; it could not be obtained because 
 the post was without funds with which to pay for it ; I frequently gave orders 
 to the commissary, which were complied with when it was within his power to 
 do so. 
 
 Q. Do you know that sometimes the orders could not be filled 1 
 
 A. I do not recollect ; I think it very likely. 
 
 Q. You do not know whether any orders that you gave the commissary to 
 purchase things were complied with ? 
 
 A. He was not a purchasing commissary ; he was simply an issuing commis- 
 sary. 
 
 By the Judge Advocate : 
 Captain Wirz made the provision returns every morning, and they were pre- 
 sented to me for my approval ; I do not know whether the amount drawn on 
 them was delivered to the prisoners, but I take it for granted they were ; I had 
 nothing to do with the distribution of provisions to the prisoners ; I do not know 
 whether they were distributed, but I presume that they were. 
 
 the dead-line. 
 
 By Mr. Baker : 
 The dead-line had been established previous to my going to Andersonville ; 
 I do not know when it was established ; I do not know of Captain Wirz shooting 
 any one for passing it. ^ 
 
 THE PRISON RULES. 
 
 Q. Do you know who was in the habit of giving' orders in that prison for 
 executing any sentence ? 
 
 A. I do not know of any sentence having been pronounced. 
 
 Q. Do you know who put in the stocks the man you spoke of ? 
 
 A. It was done by order of Captain Wirz ; I know he was not ordered to do 
 it by any superior officer. 
 
 Q. Do you state that one of the rules governing that prison was that men 
 should be put into the stocks ? 
 
 A. I do not know that there was any rule on the subject ; I do not know 
 who established the rule in regard to shooting prisoners who passed the dead 
 line ; it was in force when I went there ; I do not know when it was established ; 
 there were written orders and rules, such as I referred to ; I have none of them 
 with me, and I have not the least idea where they are. 
 
26 TRIAL OF HENEY WIEZ. 
 
 Q. Did the rules or orders under which you acted and those under which 
 Captain Wirz acted emanate from the same source 1 
 
 A. The printed rules of which I spoke were posted in several of the offices ; 
 they have been all lost ; they were signed by Captain Wirz and approved by 
 an officer who was there before me ; whether by General Winder or not 1 can- 
 not say. 
 
 Q. Did they relate to officers higher than Captain Wirz as well as to him ? 
 
 A. There were no printed rules at the post ; the general army regulations 
 governed all officers whether in the field or at the post, but these rules of which 
 I speak were specially for the government of the prison and not for the post; 
 the post officers were supposed to be governed by the common articles of war 
 and the army regulations. 
 
 Q. Then these rules you refer to did not relate to officers of a higher grade 
 than Captain Wirz ? 
 
 A. They related to the discipline of the prison ; they were rules and regu- 
 lations issued by the officer commanding the prison for the government of the 
 prison, and had no reference at all to the post or its officers. 
 
 Q. Then they related to officers inferior in rank to him who issued them ? 
 
 A. Yes. 
 
 THK DOGS. 
 
 ' The hounds were in charge of a man named Turner ; they were certainly not 
 bloodhounds according to my understanding of what blood hounds are ; I think 
 they were ordinary plantation dogs, a mixture of hound and cur, and anything 
 else — the ordinary plantation dogs ; I think there were about six or seven kept 
 there ; they were not kept in the prison, but about an eighth of a mile from it, 
 in a building which had been used as soldiers' quarters ; I believe they were a 
 part of the discipline of the prison ; I do not know by whose order the dogs 
 were kept there ; I do not know who established them there at all. 
 
 Q. Did you ever know of Captain Wirz giving any orders in reference to 
 them ? 
 
 A. Mr. Turner was under the orders of Captain Wirz. 
 
 Q. Would he not have been under the orders of any other person who was 
 in Captain Wirz's place ? 
 
 A. That I cannot say ; I could not say under whose orders he might have 
 been before I went there. 
 
 Q. You never knew of Captain Wirz using them at all ? 
 
 A. I never knew of his using them himself ; I know that Mr. Turner, who 
 kept them, was under Captain Wirz's orders. 
 
 Q. Was Mr. Turner a person in the employ of the prison ? 
 
 A. He was a detailed soldier. 
 
 Q. Do yon know who detailed him to take care of those dogs ? 
 
 A. I do not. 
 
 Q. Was he on duty when you went there 1 
 
 A. Yes ; he was on the same detail when I went there. 
 
 Q. Did they keep the, same dogs there all the time ? 
 
 A. I cannot say. 
 
 Q. Did you ever see them yourself ? 
 
 A^ Often. 
 
 [Q. How large dogs were they ? 
 
 A. They were of various sizes, little and big. 
 'Q. Were they ferocious dogs or were they harmless ? 
 : A . I do not think they were harmless dogs. 
 
 Q. Were they dangerous dogs ? 
 ' A. I do not know about that. 
 
 i Q. Were they anything more than the ordinary farm dog ? 
 ( A. They were the ordinary plantation dog. 
 
TRIAL OF HENEY WIRZ. 27 
 
 Q. Not all ferocious or dangerous ? 
 A. Well, I do not know about that, j 
 
 August 24, 1865. 
 medical testimony. 
 
 Dr. JoH.M C. Bates, for the prosecution : 
 
 I have been residing for the past four or five years in the State of Georgia. 
 I am a practitioner of medicine, and have been engaged in that profession since 
 1850. I have been on duty at the Andersonville prison as acting assistant 
 surgeon. I was assigned there on the 19th of September, 1864; reported for 
 duty on the 22d, and left there on the 26th of March, 1865. (A paper was here 
 handed to witness.) I think I have seen that before. It is a pass given me by 
 Captain Wirz to enter the stockade. (The pass was then put in evidence.) I 
 was ordered by Medical Director Stout to report to I. H. or J. H. White, surgeon 
 in charge. He having been hurt by some railroad accident, I reported to Dr. 
 R. R. Stevenson. 
 
 The following order, being produced by the witness, was then put in evi- 
 dence : 
 
 Office Medical Director of Hospital, 
 
 Macon, Georgia, September 19, 1864. 
 Acting Assistant Surgeon J. C. Bates is hereby relieved from duty at Macon, Georgia, 
 and will report without delay to Surgeon J. H. White, in charge of hospital at Anderson- 
 ville, Georgia, for duty. Quartermaster department will furnish transportation. 
 
 S. H. STOUT, 
 
 Medical Director. 
 By S. M. BEENISS, 
 
 Surgeon P. A., C. S. 
 Acting Assistant Surgeon J. C. Bates. 
 
 THE CONDITION OF THE PRISONERS IN THE HOSPITAL. 
 
 I reported to Dr. Stevenson, who assigned me to the third division of the 
 military prison hospital, under Dr. Sheppard ; I was assigned to the fifteenth 
 ward, as then designated. 
 
 Upon going to the hospital I went immediately to the ward to which I was 
 assigned, and, although I am not an over-sensitive man, I must confess I was 
 rather shocked at the appearance of things. The men were lying partially nude 
 and dying and lousy, a portion of them in the sand and others upon boards 
 which had been stuck up on little props, pretty well crowded together, a ma- 
 jority of them in small tents, looking to be tents that were not very serviceable 
 at best. I went round and examined all that were placed in my charge. That 
 was the condition of the men. By and by, as I became familiarized with the 
 condition of affairs, the impressions which were at first produced upon me wore 
 off, more or less. I became familiar with scenes of misery and they did 
 not affect me so much. I inquired into the rations of the men; I felt disposed 
 to do my duty ; and after the men found that I was inclined to aid them so far 
 as I could in my sphere of action, they frequently asked me for a teaspoonful 
 of salt, or an order for a little siftings that came out of the meal. I would ask 
 them what they wanted the siftings for ; some of them wished them to make 
 some bread. I would inquire into the state of their disease, and if what they 
 asked for would injure them, I would not allow them to have it. I would give 
 them an order for sifted meal where I found that the condition of the patient 
 required something better than siftings. They would come at times in consid- 
 erable numbers to get these little orders for an extra ration, or if not a ration, 
 whatever portion they could get. I spent a considerable portion of my time in 
 writing orders, and I did it very laconically. I had three words that constituted 
 
28 TEIAL OF HENKY VVIEZ. 
 
 a hona fide order, which' should be respected by the head cook or baker. We 
 commonly called him Bob — his name was Allen ; he was from Illinois. The 
 order would read in this way : " Bob— meal— Bates." If any more words were 
 attached to it, it was not a genuine order. I used that discrimination in order 
 to favor the sickest of them, so that they might get what they could, at the ex- 
 pense, perhaps, of those who could get along better without it. These orders 
 were constantly applied for, and I would sign them till my patience was almost 
 worn out. The meat ration was cooked at a different part of the hospital ; and 
 when I would go up there, especially when I was medical officer of the day, 
 the men would gather around me and ask me for a bone. I would grant their 
 request so far as I saw bones. I would give them whatever I could find at my 
 disposition without robbing others. I well knew that an appropriation of one 
 ration took it from the general issue ; that when I appropriated an extra ration 
 to one man, some one else would fall minus upon that ration. I then fell back 
 upon the distribution of bones. They did not presume to ask me for meat at 
 all. So far as rations are concerned, that is about the way matters went along 
 for some time after I went there. 
 
 Clothing we had none ; they could not be furnished with any clothing, except 
 that the clothing of the dead was generally appropriated to the living. We 
 thus helped the living along as well as we could. 
 
 ""^ Of vermin or lice there was a very prolific crop there. I got to understand 
 practically the meaning of the term "lousy;" I would generally find some 
 upon myself after retiring to my quarters ; they were so numerous that it was 
 impossible for a surgeon to enter the hospital without having some upon him 
 when he came out, if he touched anybody or anything save the ground, and 
 very often if he merely stood still any considerable length of time he would 
 Iget them upon him. 
 
 When I went to the hospital T found the men destitute of clothing and bed- 
 ding ; there was a partial supply of fuel, but not sufScient to keep the men warm 
 and prolong their existence. Shortly after I arrived there I was appointed officer 
 of the day. I learned that the oflScer of the day was in supreme command 
 of all pertaining to the hospital, and that it was my duty as such to go into the 
 various wards and divisions of the hospital and rectify anything that needed to 
 be cared for. In visiting the hospital I made a pretty thorough examination. 
 As a general thing, the patients were destitute ; they were filthy and partly 
 naked. There seemed to be a disposition only to get something to eat. The 
 clamor all the while was for something to eat. They asked me for orders for 
 this, that, and the other — peas or rice, or salt, or beef tea, or a potato, or a bis- 
 cuit, or a piece of combread, or siftings, or meal. 
 
 Medicines were scarce ; we could not get what we wished. We drew upon 
 the indigenous remedies ; they did not seem to answer. We gathered (up large 
 quantities of them, but very few served for medicines as we wished. We wanted 
 the best and most powerful anti-scorbutics, as well as something that was sooth- 
 ing and healing, especially to the lining membrane of the alimentary canal, and 
 such things as were calculated to counteract a dropsical disposition and a gan- 
 grenous infection. Those were prominent things in the hospital. We had not 
 at all times the proper remedies to administer, and the indigenous remedies did 
 not serve us, and could not serve us in those complaints. We were obliged to 
 
 WLo the best we could. 
 
 ' There was in my ward a boy of fifteen or sixteen years, in whom I felt a par- 
 ticular interest. My attention was more immediately called to him from his 
 youth, and he appealed to me in such a way that I could not well avoid heed- 
 ing him. He would often ask me to bring him a potato, a piece of bread, a 
 biscuit, or something of that kind, which I did ; I would put them in my pocket 
 and give them to him. I would sometimes give him a raw potato, and as he 
 had the scurvy, and also gangrene, I would advise him not to cook the potato 
 
TEIAL OF HENRY WIRZ. 29 
 
 at all, but to eat it raw, as an anti-scorbutic. I supplied him. in that way for 
 some time, but I could not give him a sufficiency. He became bed-ridden upon 
 the hips and back, lying upon the ground ; we afterwards got him some straw. 
 Those bed-ridden sores had become gangrenous. He became more and more 
 emaciated, until he died. The lice, the want of bed and bedding, of fuel an4 
 food, were the cause of his death. ^ 
 
 1 was a little shy. - 1 did not know that I was allowed to take such things 
 to the patients; and 1 had been so often arrested that I thought it necessary to 
 be a little shy in what I did, and keep it to myself. I would put a potato in 
 my pocket and would turn around and let it drop to this man or others. I did 
 not wish to be observed by anybody. When I first went there, I understood that 
 it was positively ag linst the orders to take anything in. 
 
 I can speak of other cases amocg the patients ; two or three others in my ward 
 were in the same condition ; and there were others who came to their death 
 from the bad condition of things and the lack of necessary supplies. That is 
 my professional opinion. 
 
 I had occasion to visit the entire hopital occasionally, and so far as I saw its 
 condition was generally the same as I have been describing. At the time I 
 went there, I think, from the best observations I could make, there were, per- 
 haps, 2,000 or 2,600 sick in that hospital. _~ 
 
 We had cases of chilblains or frost-bitten feet. Most generally, in addition 
 to what was said to be frost-bite, there was gangrene. I did not see the sores 
 in the original chilblains. I do not think I can say if there were any amputa- 
 tions or any deaths resulting from sufferings of that character, not having 
 charged my mind as to whether the amputations were in consequence of chil- 
 blains, or because, from accidental abrading of the surface, gangrene set in. 
 But for a while amputations were practiced in the hospital almost daily, arising 
 from a gangrenous and scorbutic condition, which, in many cases, threatened 
 the saturation of the whole system with this gangrenous or offensive matter, 
 unless the limb was amputated. In cases of amputation of that sort, it would 
 sometimes become necessary to reamputate, from gangrene taking hold of 
 the stump again. Some few successive amputations were made. I recollect 
 two or three which were successful. I kept no statistics ; those were kept by 
 the prescription clerks and forwarded to headquarters. I did not think at the 
 time that the surgeon-in-chief did all in his power to relieve the condition of 
 those men, and I made my report accordingly. _ 
 
 In visiting the wards in the morning I would find persons lying dead; some- 
 times 1 would find them lying among the living. I recollect on one occasion 
 telling my steward to go and wake up a certain one, and when I went lUyself 
 to wake him up he was taking his everlasting sleep. That occurred in another 
 man's ward, when I was officer of the day. Upon several occasions, on going 
 into my own wards, I found men whom we did not expect to die, dead from the 
 sensation of chilblains produced during the night. This was in the hospital. 
 I was not so well acquainted with how it was in the stockade. I judge though, 
 from what I saw, that numbers suffered in the same way there. 
 
 The effeect of scurvy upon the systems of tne men as it developed itself 
 there was the next thing to rottenness. Their limbs would become drawn up. 
 It would manifest itself constitutionally. It would draw them up. They 
 would go on crutches sideways, or crawl upon their hands and knees or on their 
 haunches and feet as well as they could. Some could not eat unless it was 
 something that needed no mastication. Sometimes they would be furnished 
 beef tea or boiled rice, or such things as that would be given them, but not to 
 the extent which I would like to see. In some cases they could not eat corn 
 bread ; their teeth would be loose and their gums all bleeding. I have known 
 cases of that kind. I do not speak of it as a general thing. They would ask 
 me to interest myself and get them something which they could swallow with- 
 
30 TEIAL OF HENRY WIEZ. 
 
 out subjecting them to aomucli pain in mastication. It seems to me I aid ex- 
 pi-ess my professional opinion that men died because they could not eat the 
 jations they got. 
 
 I cannot state what proportion of the men in whose cases it became necessary 
 to amputate from gangrenous wounds, and also to re-amputate from the same 
 cause, recovered. Never having charged my mind on the subject, and not ex- 
 pecting to be called upon in such a capacity, I cannot give an approximate 
 opinion which I would deem reliable. In 1864, amputations from that cause 
 occurred very frequently indeed ; during the short time in 1865 that I was 
 there, amputations were not frequent. 
 
 I cannot state with any certainty the proportion of prisoners treated in the 
 hospital who recovered and were sent back to the stockade. There were clerks 
 appointed to keep all those accounts, and I tried to confine myself strictly to 
 my own duty, and did not interest myself in any statistical enumeration of facts 
 or data. 
 
 r~The prisoners in the stockade aud the hospital were not very well protected 
 from the rain ; only by their own meagre means, their blankets, holes in the 
 earth, and such things. In the spring of 1865, when I was in the stockade, 
 I saw a shed thirty feet wide and sixty feet long — the sick principally were in 
 that. They were in about the same condition as those in the hospital. As to 
 the prisoners generally, their only means of shelter from the sun and rain were 
 their blankets, if they had carried any along with them. I regarded that lack 
 of shelter as a source of disease. 
 
 THE RATIONS OF THE PRISONERS IN THE HOSPITALS. 
 
 Eice, peas, and potatoes were the common issue from the confederate govern- 
 ment ; but as to turnips, carrots, tomatoes, and cabbage, of that class of vege- 
 tables, I never saw any. There was no green corn issued. Western Georgia 
 is generally considered a pretty good corn-growing country. 
 
 Mr. Baker objected to the line of examination that was being pursued by 
 the judge advocate, on the ground that it was taking too wide a range, and that 
 the evidence elicited was not connected in any way with the defendant. 
 
 The court, after deliberation, overruled the objection. 
 
 The witness resumed : Green corn could have been used as an anti-scorbutic 
 and as an antidote. A vegetable diet, so far as it contains any alterative or med- 
 ical qualities, serves as an an ti -scorbutic, 
 j The ration issued to the patients in the hospital was corn meal, beef, bacon, 
 pork occasionally but not much of it ; at times, green bacon, peas, rice, salt, 
 sugar, and potatoes. I enumerate those as the varieties served out. Potatoes 
 weie not a constant ration ; at times they were sent in, perhaps a week or two 
 weeks at a time, and then they would drop off. The daily ration was less from 
 the time I went there in September, through October, November, and Decem- 
 ber, than it was from January till March 26, the time I left. I never made a 
 calculation as to the number of rations intetided for each man ; I was ■ never 
 called to do that. So far as I saw, I believe I would feel safe in saying that, 
 while there might have been less, the amount was not over twenty ounces for 
 twenty-four hours. 
 
 From January to March the rations were better than they had been before. 
 The surgeon of the post had been changed. Dr. Stevenson was superseded by 
 Dr. Clayton, who, I thought, interested himself very much to relieve the suffer- 
 ings of the prisoners there. While Dr. Stevenson was director of the hospital, 
 I never saw much interest manifested on his part to relieve the necessities of 
 the prisoners. 
 
 f Q. What number of ounces of healthy nutricioua food is necessary to sup- 
 port life and health ? 
 
TRIAL OF HENRY WIRZ, 31 
 
 A. Upon one unvaried diet; confining a man to any one article or any one 
 set of articles for a length of time, I do not know but that a man would starve 
 to death upon plenty. That is a physiological question. The various secre- 
 tions of the system demand a multifarious diet for the proper feeding of the 
 system. If you were to confine a man to a single article of diet or four or five 
 articles of diet for one year, I am inclined to say that he could not live. It is 
 a nice physiological point. The monotonous diet issued from September till 
 January, which continued afterward, though in larger quantities, was such as 
 the men, without varying it, could not have lived upon without very bad effects, 
 upon the nervous system especially. These are physiological points which I 
 did not expect to be asked about. The diet was monotonous, consisticg of corn 
 meal, peas of not very good quality, sometimes sweet potatoes, sometimes tol- 
 erably good beef, at other times not so ; sometimes good bacon, at other times 
 raw bacon, which was not good. It is my opinion that men starved to death 
 in consequence of the paucity of the rations, especially in the fall of 1864, the 
 quality not being very good and the quantity deficient. 
 
 Q. Did you ever examine the question sufficiently to state the number of 
 ounces of nutricious food necessary to sustain life and health 1 
 
 A. I had a little discussion with Dr. Clayton upon that. It was after the 
 first of January when he took charge. I was ordered to make a particular and 
 especial report of every article that was issued, taking the number of patients 
 then in the hospital and the attendants. I went to the commissary myself, and 
 saw the provisions loaded up, carried in and weighed. I took those figures and 
 the figures of the attendants in the hospital. The calculations which I made 
 there were that sixteen ounces of meal would make twenty-eight ounces of bread, 
 and sixteen ounces of flour would make twenty-two ounces of bread. I 
 gave the prisoners in that calculation.the benefit of the increase. In reference 
 to the meat, I did not make any calculation for the bones, because they were 
 generally disposed of by the prisoners, who were glad to get them. By the 
 first definite calculation which I made, the patients received thirty-two and some 
 tenths ounces, and the attendants received thirty or thirty-one ounces. This 
 was after Dr. Clayton got charge. These facts were stated in my first report 
 to him. Six days afterward I was called upon to make a similar report, and I 
 think then the attendants got thirty-two ounces, and the patients got twenty- 
 eight ounces of this monotonous food. I am not prepared to say how long life 
 could be sustained upon a monotonous diet. 
 
 Q. Did you think that the food served out was suflScient in quantity 1 —, 
 
 A. After January, 1865, the quantitj' was sufficient if it could have been * 
 varied. Dr. Clayton and myself concluded that thirty to thirty-three ounces 
 for the sick was a sufficiency at that time. Many of the sick did not 
 consume all that was issued to them, but appropriated it otherwise. There 
 was great trading and bargaining going on all the time. I know that the pa^ 
 tients in the hospital greatly improved after the change of administration from 
 Dr. Stevenson to Dr. Clayton. I know that they got more provisions and were 
 better cared for. I never made a report to Dr. Clayton as medical officer of 
 the day but he heeded every point, and when I pointed out any deficiency he 
 would ask me to interest myself personally and remedy it, and he would do 
 anything that could be done. 
 
 Q. Was that the fact before Dr. Clayton took charge ? 
 
 A. I cannot say that it was. 
 
 THE AUTHORITY OF CAPTAIN WIRZ OVER THE HOSPITAL. 
 
 An altercation took place there between Dr. James and Captain Wirz. Upon 
 going into the hospital one morning I learned my chief clerk was arrested, and 
 had been ordered to be bucked andl^ gagged ; I did not see him gagged ; I saw 
 
32 TRIAL OF HENRY WIRZ. 
 
 him bucked ; he was sitting outside of the gate of the hospital. Upon inquiry, 1. 
 found that he had by some means or other neglected to report a man that was 
 missing ; and it was a question whether the duty of reporting this man belonged 
 to the confederate sergeant, whose duty it was to call the roll of the sick, or to 
 this clerk. Dr. James wrote a letter to Captain Wirz, or some other man ; I 
 saw that letter ; Dr. James read it to me. I am not positive as to whom it was 
 addressed to ; but he spoke of Captain Wirz's tyranny in the punishment of this 
 man, as he was very faithful in doing his duty. Dr. James • rather felt out- 
 raged at the manner in which the man had been treated, and he made a 
 demurrer. 
 
 By Mr. Baker : 
 
 Q. Are you stating what that letter contained ? 
 
 A. Partly. 
 
 Mr. Baker objected to any evidence as to the contents of the letter referred 
 to by witness. 
 
 By the Judge Advocate : 
 
 Q. State what occurred. 
 
 A. Letters were passed, from the best evidence I got. 
 By the President : 
 
 Q. Do you know what became of the letter of which you have spoken ? 
 
 A. No, sir ; after it left Dr. James I never saw it. 
 
 Q. Do you know to whom it was sent 1 
 
 A. I am not positive whether it was to Colonel Gibbs, Captain Wirz, or some 
 one else. 
 
 By the Judge Advocatb : 
 
 Q. State what occurred in relation to th'at altercation between Dr. James and 
 Captain Wirz. 
 
 A. Some letters passed. The man still continued under punishment there at 
 the gate. 
 
 r"Q. Did anything at that time occur to determine the right of Captain Wirz 
 to interfere in the hospital ? 
 
 A. I thought so at the tipie, and think so yet. 
 
 Q. How did the surgeons regard it afterwards ? 
 
 A. From the position taken, they regarded themselves as having very little 
 privilege or right ; that they had no right to give a dose of medicine without 
 his orders or permission. 
 
 Mr. Bakrr. We object to that; let us have what they said. 
 
 Q. What did they say ? 
 
 A. The surgeon said that we had no right to give a dose of medicine without 
 permission from Captain Wirz. Dr. James, myself, and others who talked of it, 
 said this. 
 
 Q. With that impression you continued on duty there ? 
 
 A. Yes, sir. 
 
 Q. What did the surgeons say about the matter 1 
 
 A. They acknowledged the right of Captain Wirz over the hospital by an 
 acquiescence in the position he had assumed. 
 
 THE attendants AT THE HOSPITAL. 
 
 The attendants at the hospital were men from the ranks of the prisoners 
 themselves ; that is, the attendants, nurses, stewards, clerks, bakers, litter- 
 bearers, water-carriers, police, and all such officers. Confederate sergeants called 
 the rolls of the sick and of the attendants. The man that I spoke of as being 
 bucked was W. W. Crooker ; he was a federal prisoner there ; as well as I 
 recollect he was chief clerk of what constituted the old division of the hospital. 
 His headquarters were in my ward. 
 
TRIAL OF HENKY WIEZ. 33 
 
 THE NUMBER AND CONDITION OP THE PRISONERS IN THE STOCKADE. 
 
 At the time I went tliere there were 20,000 or 25,000 in the prison, as near 
 as I could judge. From looking over the stockade or going among them, I 
 could only guess as to the number. 
 
 I was ordered into the stockade on temporary duty. I applied to Captain Wirz 
 for a pass to go in, and he issued that pass. At the time I went into the stockade 
 the prisoners were placed on the south side of the branch. Before I had been 
 ordered in there some of them had been sent to Millen or Florence, or some- 
 where else, and the number had been decreased. The larger part of the stock- 
 ade was entirely vacant. At the time I was ordered in there, I think there were 
 perhaps from 5,000 to 7,000 men there. When I first came there, there were said 
 to be in the larger part of the stockade some 20,000 or 25,000. I went into the 
 stockade and reported to Dr. Mudd. He assigned to me the duty of discrimi- 
 nating as to the cases which should be sent to the hospital and those which 
 should be kept in the stockade, which did not require to be sent to the hospital. 
 After discriminating and reporting for that day, I walked around the stockade 
 as a matter of curiosity. I saw how the men were situated. I saw some in 
 holes which they had excavated. I found a large number in the hospital, whicb 
 was the fifth division in the stockade. Barracks or sheds were put up therefor 
 the sick. I thought those were doing pretty well compared with those out in 
 tiie main hospital ; but still they were in the same condition, so far as I could 
 see. I walked outside among those reputed as being well ; I saw sick men 
 lying round among them. The shelters consisted of their own blankets spread 
 upon poles and sticks, and also of places excavated in the earth. They were 
 fixed up as well as they could be with the means which they had, which were 
 entirely such as they could furnish themselves. In addition to this barracks or 
 hospital in the stockades, I saw no shelter except what their own ingenuity had 
 devised. There were several of those sheds. They reached pretty well across 
 the north end of the stockade ; one or two, I believe, were not completed in the 
 northeast corner. How many there were I do not know. I understood they 
 were erected only for the sick. From what I saw I thought they were suffer- 
 ing from want of food in the stockade as well as out. The prevailing diseases^ 
 inside the stockade were scurvy, dropsy, diarrhoea, and gangrene. Sporadic 
 cases of other diseases would spring up. Along in the fall, we would have 
 sometimes pneumonia and intermittent and remittent fevers. I continued on 
 duty as visiting physician to the stockade only two days, as well as I can recol- 
 lect; not beyond three. 
 
 Q. Describe what kind of exhalations or odors arose from that prison. 
 
 A. There are two kinds of miasma laid down by medical writers : the ki-no 
 and the ideo ; one consists of exhalations from the human body in a state of dis- 
 ease, and the other of exhalations from vegetable decompositions and saturations 
 generally. There were both kinds there. The miasmatic effluvia emanating 
 from the hospital was very potent and offensive indeed. 
 
 Q. In what way would it affect the healthy ? ,_^ 
 
 A. If I had a scratch upon my hand — ^if tbe skin was broken or abraded in 
 the least — I did not venture to go into the hospital without protecting it with 
 adhesive plaster. I saw several sores originating from the infection of the gan- 
 grenous effluvia saturating the atmosphere. For this reason we were all very 
 cautious. If a prisoner whose system was reduced by inanition, which would 
 invite and develop disease, should chance to stump his toe (some of them were 
 barefooted) or scratch his hand, almost invariably the next report to me, so 
 far as my charge was concerned, was gangrene, so potent was the influence 
 of the real regular-built hospital gangrene. If any one of the boys hurt him- 
 self in any way, he took particular pains to have the matter attended to as soon 
 as possible, for they were all very apprehensive in reference to gangrene. 
 
34 TKIAL OP HENRY WIRZ. 
 
 ( Q. Did the same state of things exist in the stockade ? _ 
 
 A. 1 thought when I was in there that the eiHuvia was worse in the stockade 
 than in the hospital. In the stockade the men were more thickly huddled 
 together, like ants or bees or something of that kind. It was a hard matter to 
 get through them. 
 
 I found some of the prisoners inside the stockade tolerably well clad, ihose 
 that I saw moving round looked to be clad in the usual uniform of the United 
 States. Those that were able to help themselves seemed to be clad tolerably 
 well. Those that were unable to help themselves were not clad so well. Some 
 wei-e without blouses or anything of the kind. I was there during the winter 
 of 1864-'65 — not all the time, however. I think I went into the stockade in 
 January, 1S65, or thereabouts. I went in to make personal observations — to 
 look around. At that time all the men were confined on the south side of the 
 stream that passed through the stockade. They were huddled together very 
 thickly. We had some pretty cold weather for Georgia during that winter; 
 once or twice, I think, I saw ice ; it was thin, perhaps. We never have much 
 ice there. I do not know why the prisoners were so crowded on the south side 
 "of the stream. I only know the fact existed. Those'who wanted to go to the 
 hospital were all permitted to go to the other side and report at the barracks, 
 there to undergo this discrimination : Those that were refused admission to the 
 hospital were ordered back to the south side of the branch and kept there. 
 
 THE CONDITION OP THE WATER. 
 
 I did not charge my memory particularly in reference to the condition of the 
 stream of water that flowed through the stockade. I only gave a passing 
 glance to see whether that stream was sufficient to water those men. In pass- 
 ing round I saw wells that had been dug by the prisoners, which induced me 
 to look at the branch to see whether there was a sufficiency of water. I thought 
 there was; but in a dry time I suppose perhaps the water might have been a 
 little scant. 
 
 One cook-house, I think, was at the north end of the stockade, and one on 
 the WL'St side, rather in the hollow, near the stockade. (The witness pointed 
 out on the diagram the location of the cook-houses.) The drainage from the 
 cook-house On the west side would pass through the stockade. The stream 
 flowed from west to east, through the prison. I have passed around the stock- 
 ade with the exception of the northwest corner. I have passed around to the 
 upper cook-house to see patients, then back and down to the north gate. I do 
 not know any reason why that cook-house could not have been located on the 
 other side of the prison, unless the object in putting it where it was, was to 
 make it convenient for hauling rations. Another location might make the dis- 
 tance further. That is the only reason I know of. There were very nice 
 grounds on the east and rear of the stockade. If it had been located there, its 
 drainage would not have passed through the prison. 
 
 The troops were located on either side of the stream that flowed through the 
 prison. I see marked on this diagram a branch which I now recollect came 
 from the northwest, and another south of it, which joined the branch prior to 
 its getting to the cook-house. You had to pass that to go to the depot ; and 
 the Georgia reserves, confederate troops, were located on the north side of the 
 south branch, but upon the south side of the north branch. The branches 
 upon which the regiments were located flowed through the prison. They 
 formed a junction at a point indicated on this diagram, which is very correct. 
 I now see the fourth Georgia infantry. They are very well located. The 
 drainage of those camps would pass into this branch. There was nothing that 
 I know of to have prevented those camps from being located on the branch be- 
 low the prison. I suppose they were located where they were only for conve- 
 
TRIAL OF HENRY WIRZ. 35 
 
 nience. There was a very good supply of water below, from whicli the military 
 prison hospital was furnished. There was a kind of canal dug to let the water 
 go there to water the hospital. On that branch was quite a swamp, and on the 
 south side of the branch, some distance above the hospital, the ground became 
 level, and the Georgia infantry were up there. I do not recollect if the margin 
 of the stream, inside the stockade, was firm ground or swampy. I generally 
 passed on the bridge ; I could not get across otherwise. 
 
 THE SUPPLY OF MrOOD. 
 
 Immediately upon the west side of the stockade, and between there and theA 
 depot, there was timber scattered ; on the north side, beyond the cook-house 
 a little, there was plenty of timber; on the south side plenty had been cut in 
 logs and lay there, and down by the hospital there was plenty. That is a 
 woody country, and there was plenty of wood within a mile. It was fine tim- 
 ber, and could have been made into shingles or clap-boards. I did not see any 
 of it used to make shelter for the prisoners. A set of sheds were being erected 
 there, as represented on the diagram, outside of the stockade and the hospital. 
 They were in course of erection at the time of the abandonment of the place. 
 No patients had ever been put in them. I regret to say that the supply of wood 
 was not sufiicient to keep the prisoners from what we term freezing to death. 
 They would not, perhaps, actually freeze to death, but a patient whose blood 
 is thin, and his system worn down, is very susceptible to the influence of cold. 
 In the absence of sufficient food, sufficient stimulus, and especially in the absence 
 of fuel, many of the patients (I speak now of what I saw in my own ward) 
 would, during the night, become so chilled that in the morning, passing round, 
 I would remark to my steward, " Last night did the work for that poor fellow ; 
 he will die ;" or, " This one will die ; I cannot resuscitate him with the means 
 in my hands, his system is so reduced." Lying upon the ground during those 
 chilly nights, (the weather was not freezing, but sufficient to thoroughly chill 
 the whole system,) the patient would reach a condition in which resuscitation 
 was a matter of impossibility after he commenced going down hill from this ex- 
 posure. I have seen a number die in that way. 
 
 In my judgment there was sufficient timber growing in the vicinity to supply 
 fuel for cooking and for keeping the prisoners warm, and also to furnish shelter 
 for them. I frequently made observation while there, that there was plenty of 
 wood to supply every demand — shingles, boards, logs to make huts, and plenty 
 for fuel. That is a woody country ; the wood is pine wood. I judged that it 
 could be made into boards and rails from the fact that they were pretty plenty 
 there, and from the fact that I saw the boys splitting boards for the new hospital 
 shed that was going up. There was no deficiency of wood. ^ 
 
 THE DOGS. 
 
 I have seen dogs at the prison. As I have seen the practice there, they were 
 used to hunt the prisoners that escaped. I cannot say that I ever treated in 
 the hospital any soldiers who had been wounded by dogs. I do not now recol- 
 lect any such cases. 
 
 THE SKETCH OF THE PRISON. 
 
 (A diagram was exhibited to witness.) 
 
 I have seen that before ; it was given to me in the Andersonville prison by 
 Felix De La Baume. The tents, chimneys, fence, trees, cart and mule, etc., are 
 correct. One sketch here of " Dr. Bates " is pretty good, but rather spindle- 
 shanked. The great point in which it is not Jiic simile is that too few men are 
 represented. If there were forty delineated where there is one it would be more 
 correct. These men walking on their hands and knees and on crutches, some 
 
36 TRIAL OF HENRY WIRZ, 
 
 carrying their tin cups in their mouths, represent men who could not go there 
 otherwise. They were afflicted with scurvy as a general thing. One man repre- 
 sented here I recognize as a man named Ison, who was a subject of dementia; 
 he only crept along on his haunches and feet. I recognize several others whose 
 names I never learned, but whom I frequently saw. That man with the bucket 
 in his mouth, I frequently saw crawling up for his rations. I see one man here 
 representing " Dr. Bates examining the character and quantity of the beef," to- 
 gether with the confederate surgeon and Ed. Young, boss of that cook-house. 
 I also see one figure representing " Dr. Bates giving beef-bones to the cripples.'' 
 It was my prerogative as officer of the day to supervise the cooking and adminis- 
 tration of the rations, and to attend to anything that generally belonged to the hospi- 
 tal. When rations were being issued I would frequently go there. Those detailed 
 to cut up the meat would put the bones in one pile and count the rations and 
 put them carefully in another. When I would go there from twenty to one hun- 
 dred or more would ask me, some of them very imploringly, for a bone. J would 
 say, " Yes, you can have all the bones." I see that I am represented here as 
 handing bones to those cripples. I would hand them out as here represented. 
 The general representation in this diagram is about correct, save that there were 
 twenty or forty men to one represented here. They were very thick about the 
 cook-house. 
 
 (Diagram was then put in evidence.) 
 
 THE TREATMENT OF THE DEAD. 
 
 On entering the stockade, I would find dead prisoners. They were generally 
 laid up at the gate under some sheds or boughs constituting a dead-house. They 
 were first brought out to the gate and laid just inside of the inner stockade ; 
 they were then carried on litters to the inside of the outer stockade, and from 
 there they were hauled away in wagons — sometimes two-horse, sometimes four- 
 horse wagons. They were laid in the wagon, I believe, head foremost, one on 
 another, regularly aloug in layers. I do not know how they were buried. 
 
 The dead-house of the hospital was in the southwest corner. When I first 
 went there, what was called a dead-house consisted of some boards put up into 
 a kind of shed. These boards were used by the inmates of the hospital or 
 somehow else ; at any rate they disappeared. For some time the dead were 
 laid there without any shelter. Every time I came on duty as officer of the 
 day, which was every six days, I reported that there was no dead-house, and 
 called the attention of the authorities to the erection of a dead-house or Bome 
 place to deposit the dead, not to let them lie without shelter and exposed to the 
 sun. This was in the hospital. They did not allow the corpse to lie long enough 
 to cause any exhalations from putrefaction. Outside they were hauled ofl 
 immediately to the grave-yard ; at least I saw them hauled away — I nevei 
 visited the grave-yard. 
 
 We needed a dead-house, so as to have some place to lay the corpses decently 
 At one time we got a tent erected for a dead-house, but that did not last verj 
 long. Every morning when I would go in I would find a blanket or a quill 
 sliced ofP. The men would appropriate them to wrap themselves up. At firsi 
 the top commenced going, and in a few days all was gone. I remarked thai 
 it was no use to erect such dead-houses as that, except to supply the men witl 
 blankets, though I had no objection to (heir being erected every night, if th( 
 men could thereby get blankets. If my memory serves me right, no mon 
 dead-houses were erected. I think that tent I managed to get erected was thi 
 last. 
 
TRIAL OF HENRY WIBZ. 37 
 
 THE REBEL AUTHORITIES ADVISED BY REPORTS OF THE CONDITION OF THE 
 
 PRISONERS. 
 
 The morning after making my first tour as officer of the day, I eat down and 
 made a report, the language of which I do not/now recollect, but the substance 
 was based upon the condition in which I found the hospital. That report was 
 sent up, and I being a novice in military matters, for some things which I had 
 .=aid in that report I received a written reprimand, signed " R. R. Stevenson, 
 by Dr. Diller," his assistant in the office. The date of that report was about 
 the 24th or 2.5th of September, two or three days after I reported. I continued 
 to make those reports, but I think they were not heeded. 
 
 5[eetings of the surgeons were held to see whether these things could not be 
 remedied. Petitions were written and partially signed, and were then destroyed 
 for want of a proper channel by which to send them up, or some other objection. 
 Finally there was a report made to the medical department ; it was to be sent 
 to Surgeon General Moore or the secretary of war, I am not certain which. Dr. 
 Eiland, Dr. llcVey and some other doctors there signed it. It was not sent, as 
 I understood. These things were talked of, and the result was a medical inves- 
 tigation was ordered to be made by Dr. Llewellyn and Dr. Guillot. They were 
 to inquire how the hospital fund had been used — the hospital fund that was 
 appropriated for the Union prisoners. During the course of this investigation 
 medical gentlemen were called upon the stand, myself among the rest, and the 
 account current of the hospital was examined by these two medical gentlemen, 
 who were inspectors under orders from the secretary of war. This was after 
 Dr. Stephenson left ; he was ordered, I think, to Florence. I never saw any 
 official opinion or report emanating from Dr. Guillot or Dr. Llewellyn. 
 
 (A paper was exhibited to witness.) 
 
 Q. Do you recognize the handwriting in that document ? 
 
 A. It was written before I went to the AndersouviUe prison, but I recognize 
 it as the handwriting of Dr. Pelot, so far as I recollect his handwriting. I 
 frequently saw him write ; we made our morning report together. 
 
 Q. Were you familiar with his handwriting 1 
 
 A. Tolerably so. 
 
 The paper purporting to be a morning report, made by Dr. Pelot as medical 
 officer of the day, was offered in evidence. 
 
 Mr. Baker objected to its admission on the ground that it was not in any 
 way connected with the prisoner. 
 
 The court, after deliberation, overruled the objection. 
 
 The following report was then put in evidence : 
 
 First Division, C. S. M. P. Hospital, 
 
 September 5, 1864. — i 
 Sir : As officer of the day, for the past twenty-four hours, I have inspected ' 
 the hospital and found it in as good condition as the nature of the circiimstances 
 will allow. A majority of the bunks are still unsupplied with belding, while 
 in a portion of the division the tents are entirely destitute of either bunks, 
 bedding or straw, the patients being compelled to lie upon the bare ground. I 
 would earnestly call attention to the article of diet. The corn bread received 
 from the bakery being made up without sifting, is wholly unfit for the use of 
 the sick ; and often (in the last twenty-four hours) upon examination, the inner 
 portion is found to be perfectly raw. The meat (beef) received by the patients 
 does not amount to over two ounces a day, and for the past three or four days 
 no flour has been issued. The com bread cannot be eaten by many, for to do 
 80 would be to increase the diseases of the bowels, from which a large majority 
 are suffering, and it is therefore thrown away. All their rations received by 
 way of sustenance is two ounces of boiled beef and half pint of rice soup per 
 
38 TKIAL OF HENRY WIRZ, 
 
 day. Under these circumstances, all the skill that can be brought to bear upon 
 their cases by the medical officer will avail nothing. Another point to which 
 I feel it my duty to call your attention is the deficiency of medicines. We 
 have but little more than indigenous barks and roots with which to treat the 
 numerous forms of disease to which our attention is daily called. I'or the 
 treatment of wounds, ulcers, &c., we have literally nothing except water. 
 
 Our wards — some of them — were filled with gangrene, and we are compelled 
 to fold our arms and look quietly upon its ravages, not even having stimulants 
 to support the system under its depressing influences, this article being so 
 limited in supply that it can only be issued for cases under the knife. I would 
 respectfully call your earnest attention to the above facts, in the hope that 
 something may be done to alleviate the sufferings of the sick. 
 I am, sir, very respectfully, your obedient servant, 
 
 J. CREWS PELOT, 
 Assistant, Surgeon C. S. and Officer of the Day. 
 Surgeon E. D. Eiland, 
 
 In charge First Division C. S. M. P. Hospital. 
 
 [See "Dr. Pelot's Report," page 84.] 
 
 THE EFFECT OF THE TREATMENT RECEIVED BY THE PRISONERS UPON THEIR 
 MENTAL CO.^DITION AND MORAL SE.NSIBILITIES. 
 
 Q. What effect had the treatment you have described upon the mental con- 
 dition and moral sensibilities of the prisoners ? 
 
 A. There was among them generally an enervation of the nervous system, 
 which ran down in consequence of this scarcity of supplies. The nervous 
 system must of course sink under such pressure. I have seen the effect manifested 
 in idiocy, dementia, and other mental weaknesses. I have seen several instances 
 of that ; not a great many ; four or five, perhaps, came under my immediate 
 observation. Morally, I would have expected that such abject circumstances 
 would have produced deep humiliation and resignation, but the effect was other- 
 wise. The moral feeling of the prisoners gradually evaporated. Instead of 
 having a healthy influence upon their morals, it had a contrary effect. Men 
 seemed to abandon themselves. It seemed to me at times that no man interested 
 himself further than " I ;" a well man would sometimes steal from a sick man; 
 and if a sick man could steal anything from a well man, or anybody else, he 
 would do so. It seemed to me that all lived for themselves, having no regard 
 for anybody else. I judged this to be superinduced by the paucity of the 
 rations — the starving condition of the men. 
 
 PROFESSIONAL OPINION OP DR. BATES AS TO THE PERCENTAGE OF LIVES 
 THAT MIGHT HAVE BEEN SAVED BY PROPER TREATMENT. 
 
 ( Q. From your observation of the condition and surroundings of our prisoners — 
 their food, their drink, their exposure by day and by night, and all the circum- 
 stances you have described — state your professional opinion as to what pro- 
 portion of deaths occurring there were the result of the circumstances and 
 surroundings which you have narrated. 
 
 A. I feel myself safe in saying that seventy -five per cent, of those who died 
 might have been saved, had those unfortunate men been properly cared for as 
 
 ) to food, clothing, bedding, &c. 
 
 THE NUMBER OF PRISONERS THAT DIED AT ANDERSONVILLE. 
 
 Q. State how many of the prisoners died there. 
 
 A. From the best information I could get, the deaths up to the time I left 
 were 12,878, outside of the small-pox burying ground, and in that I judged 
 there were some eighty or one hundred. 
 
TRIAL OF HENRY WIRZ. 39 
 
 WIRZ FURNISHED WITH A COPY OF THE RECORD AT THE EXPENSE OF THE 
 
 GOVERNMENT. 
 
 "Upon the meeting of the court on the 25th of August, the counsel for the 
 prisoner requested the court to direct that the official reporters furnish him from 
 day to day with a record of the testimony at the expense of the government, 
 he being unable to employ reporters at his own expense. 
 
 The court, after deliberation, decided to grant the application, and gave 
 directions to that eflfect. 
 
 Cross-examined by Counsel : 
 
 My home has been in Louisville, Jefferson county, Georgia, since 1857, By 
 occupation I am a practicing physician. I have never held office under the 
 State or national government. I was keeping a drug store when the war broke 
 out. Up to June, 1864, 1 remained at home practicing medicine. I was ex- 
 empted by the confederate congress, being a physician over thirty years old, 
 and having been in practice for seven years prior to the 17th of December, 
 1864. About that time I was arrested and taken to Augusta. I was then, as 
 I sometimes expressed it, forced to go into the confederate service to keep out 
 of it. I had no sympathy whatever with it, and no desire to go into it. I did 
 not say or do anything to bring on the war. I have always been a Union 
 man, as I understand what the definition of " Union " is. Up to that time 
 (June, 1864,.) I was exempt under the confederate act. I soon saw that Gov- 
 ernor Brown was going to run everything that could bear arms into the State 
 militia, and as I had been asked to take a position as a contract surgeon, I 
 thought it better to take it rather than go into the trenches. I know of only 
 one other, Dr. Wilson, who went in in that way. 
 
 I took an oath to the southern confederacy, one forced upon me at the point 
 of the bayonet. I was compelled to take it, and did not at that time consider 
 it binding upon me, morally. 
 
 I was arrested and taken to Augusta, and was given thirty days for the 
 purpose of showing my exemption on the plea of being a physician. I got 
 up the testimony, and the plea was refused. I bothered no more about it, but 
 reported to Colonel Brown, and told him where I stood. I told him that Sur- 
 geon Green, of the confederate hospital at Macon, had sent word to me to go 
 up there and help him. Colonel Brown said, " If Doctor Green wants your 
 services your contract will be as good an exemption as you want." I therefore 
 entered into the contract, and it was indorsed by the surgeon general, and I 
 vi'as put on duty in the City Hall hospital. One day a lieutenant came up and 
 asked me if my name was Bates. I told him it was. He said, " You are under 
 arrest." I asked, " For what 1" He said, " I do not know ; but bring your 
 blankets and duds." I said 1 had none. He walked me out to Camp Cooper, 
 adjacent to Macon, and there I was confined. Next morning I was taken out 
 to be enrolled and to have my personal description taken. A testament was 
 shoved up to me. I asked what it was for. The answer was, " To take the 
 oath." Said I, '' Hold." I was not allowed to speak or say anything to anybody. 
 I then asked for Major Roland, commandant of the post, and said I wished to 
 see him. He was in an adjoining room. He sent word to me that I was under 
 orders and that he wished no conference with me. They stuck up a book to 
 me. I asked them what the oath or obligation was. They said it was that I 
 should support the constitution. I was surrounded by bayonets, and the book 
 stuck at me. I took the oath under duress. All the acts I did in the southern 
 confederacy were in consequence of my being compelled. 
 
 My first duties at Andersonville were going in and examining the ward 
 and the patients in the ward. I continued in that service from the 22d of Sep- 
 tember, 1864, to the 26th of March, 1865, save the times when I was under 
 
40 TKIAL OF HENRY WIEZ. 
 
 arrest. The surgeons wilh me there during that time were Dr. Sheppard 
 and his son, Dr. Alexander, Dr. Thornburg, Dr. McVey, Dr. Thompson, Dr. 
 Dillard, Dr. Stevenson, Dr. Mudd, Dr. Rice, Dr. Coleman, Dr. James, Dr. 
 Williams, Dr. Oridelle, Dr. Reeves, Dr. Johnson, Dr. Ferryman, Dr. Kilpatrick, 
 Dr. Curry, Dr. Kerr, hospital steward. Dr. Saunders, and perhaps some others; 
 Dr. Stevenson remained chief surgeon till the latter part of September. He 
 was the surgeon to whom all the others had to report. Dr. H. J. Clayton suc- 
 ceeded him in the latter part of September, 1864, and remained surgeon-in- 
 chief till the time I left. The miseries I have related occurred under the 
 administration of Dr. Stevenson. They were much relieved when Dr. Clayton 
 came in. 
 
 At the time I came there I understood that General Winder was in command, 
 but shortly afterwards Colonel Gibbs was. 
 
 Captain Wirz did not have anything to do with the medical department that 
 I knew of. I did not recognize him as having any right whatever to do so. 
 He never interfered with me in any way. I have no hard feeling towards him ; 
 he always treated me very respectfully and kindly. I never saw him use any 
 hard means towards anybody. I believe the letter of which I spoke was ad- 
 dressed to some one besides Captain Wirz. 
 
 THE RATIO.nJS OF THE PRISONERS IN THE HOSPITAL. 
 
 The rations came from the commissary department. They came there from 
 the depot. I do not know who gave the requisitions; I gave requisitions some- 
 times for special diet ; it was ordered there that the prescriptions and special 
 diet should go together. Special diet is anything outside the ordinary rations ; 
 something palatable for the sick. I gave special requisitions for some things ; 
 afterwards I prescribed for them on the book, which superseded the special re- 
 quisition. I had to make my report to Dr. Roy, and he countersigned it and 
 sent it to the surgeon in charge of the post. I had no right to order special 
 requisitions except when I was officer of the day. When I made those requi- 
 sitions I applied to Dr. Roy, who was in charge of all this military prison hos- 
 pital inside the fence. We all reported to him and were subject to his orders. 
 He got the supplies from Surgeon Clayton, on requisition. Dr. Clayton was 
 surgeon in charge of all the sick at the post; he was at the head of the medi- 
 cal establishment at the post. Dr. Roy, on the report of his various clerks 
 who were in the prison hospital, would report so many sidk, and so many well, 
 »jid on that he would make requisition for so many rations, and that would go 
 Ito Dr. Clayton ; I never knew any requisition to be made on Captain Wirz 
 for anything for the prisoners. It was not considered by the medical officers 
 there that he was responsible for anything which the prisoners lacked — they 
 never blamed him that I heard of. I never heard Captain Wirz's name meu- 
 I tioned in reference to the ration, so far as the sick were concerned. 
 
 By the Court : 
 I do not know who established the ration of the prisoners. The component 
 parts of the twenty ounces that constituted the ration were meat, meal, sirup, 
 salt, sugar, &c. I do not know in what proportions. The meat was small; 
 the meal was said to have been issued at the rate of a pound and a quarter for 
 each man daily. That was the ration I drew, and I was told that mine was 
 tlie same as the rest; I had enough, such as it was, but I did not presume to 
 
 f live upon it. Some of the sirup I would use, and some of the rice. I have 
 been told that the rations issued to the prisoners were the same as those issued 
 to the confederate soldier, aud I suppose it was so. The confederate soldiers 
 had no potatoes issued to them; they had the same quantity and quality of 
 
 ' corn meal, as I understood. My ration was better than any I ever saw admin- 
 
TEIAL OF HENKY WIRZ. 41 
 
 istered to a soldier or a prisoner. T got my one and a quarter pound of corn 
 meal, my half pound of bacon, and at times my pound of beef. Sometimes 
 we would send them back, not thinking proper to use them. That was done by 
 confederate troops there. Once to my knowledge there was a board of survey 
 called which condemned some articles. Peas and beef were, perhaps, a little 
 short, and sometimes pork. The ration returns for .the prisoners in the hospi- 
 ital were first approved by Dr. Eoy, and his requisition went up to Dr. Clay- 
 ton. After that, I do not know anything about them ; they had no other ap- 
 proval that I know of. There was a board of survey called which condemned 
 the rations issued, perhaps to Union prisoners and to the confederates both ; I 
 am not sure of that. The last time I was in the commissary, there at Ander- 
 sonville, I heard the officers complain that they had to shift their quarters, for. 
 it was worse than a dissecting room, and so it was to me. The dispensary was ] 
 infected with some kind of odoriferousness from a lot of spoiled, perhaps green, 
 bacon. Sometimes the quantity and quality of beef was bad — as the boys 
 would say, they had to hold it up to kill it, and it was condemned. Perhaps 
 it was the best that could be done, about which I have nothing to say. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 1 
 
 I saw some sanitary commission goods which had been received at the prisor^ 
 from the north for the prisoners — nothing like provisions, though — clothing and 
 blankets. I do not recollect in what quantities. I thought it was quite a gen- 
 teel little present, under the circumstances, but far too short to supply their 
 wants. I saw the boys wearing the clothing afterwards ; I saw some with 
 pants, some with drawers, some with shirts, some with blankets. I know of 
 no misappropriation of supplies of that character, which arrived from the north.,, 
 
 THE CONDITION OF THE WATER. 
 
 By Counsel for the accused : 
 
 The bakehouse was a large frame shed in which there were brick ovens 
 erected for baking bread ; nothing but bread was cooked there. It never entered 
 my mind until now that the reason why the bakehouse was placed near that 
 stream was because it was convenient to the water. I suppose they got the 
 water to make bread from that brook. I did not eat the bread made in that 
 bakehouse. I got my rations in meal, and my cooks cooked it for me. Most 
 of the other surgeons did the same. I do not know that that bread was used 
 by the confederate officers and soldiers. 
 
 I do not wish to convey the idea to the court that that steam, of itself, was' 
 unhealthy ; it was good water, and was unhealthy down at the bakehouse only 
 from the drainage of the camps. I should not like to indulge in frequent 
 draughts of it. I should judge it was very unhealthy below the prison. It 
 was unhealthy at the forks only from the drainage of the camps, the washings 
 from which may have gone into the southern branch, and more or less, though 
 not so much, into the northern branch. We got the water that was used at the 
 hospital from a little canal dug out of a stream there, south of the stockade, 
 not connected with the stream that ran through the stockade. I do not know 
 what the stream was called ; this creek, marked in the diagram as Little 
 Sweetwater creek, looks like the position of it. The servants obtained the 
 water for the hospital from the little canal. Little Sweetwater creek is less un- 
 healthy than Double Branch creek only from the drainage. There were some 
 encampments on the level dividing one creek from the other, and the drainage 
 may have gone either way. We took the water from Little Sweetwater creek, 
 and the Union prisoners took theirs from Double Branch creek. The confeder- 
 ate soldiers got their water from wells. I do not recollect that ever I saw them 
 use the water from this creek. I do not know where the soldiers in the fort 
 
42 TRIAL OF HENKY WIEZ. 
 
 got their water. I think I have seen confederate soldiers carrying water 
 from this south branch of Little Sweetwater creek, but I do not know that I 
 have seen them carry water from Double Branch creek. I do not think they 
 used the same water as tlie Union prisoners. I never counted the number- of 
 wells they had around there. I saw two or three in the camp. I saw one 
 well in the stockade, but there was no water in it. I never saw but this one 
 hole in the shape of a well. There were two cook-houses ; one of them at the 
 northwest corner of the stockade. I do not know what they cooked there. It 
 was known as cook house No. 2. I thought things looked very clean about 
 there. The bakery did not look to be so very filthy, but I think the cook- 
 house at the northwest corner looked rather better ; things were kept cleaner. 
 There was no particular difference that I observed. I did not charge my 
 memory with any investigation of that kind. I do not know where the cookery 
 at the northwest corner got its water. I never saw any well there. To the 
 best of my knowledge there was no stream there. I suppose they got their 
 water from Double Branch creek. The water could not have been turned from 
 the prison without excavations. It was not turned from the prison. The water 
 from Double Branch creek ran through the prison, and the Union prisoners 
 used it. The water from the junction ran down into the stockade. Those 
 outside might have used it if they saw proper — either before or after it passed 
 through the stockade. I never saw any of the confederate soldiers using the 
 water from there in their cook-houses. I saw two or three wells in the confed- 
 erate camp, I tiiink. I did not examine them in my official capacity. I just 
 saw the men di'awing water at them. I cannot tell how many men could be 
 supplied from those two or three wells. I suppose the wells were dug by the 
 soldiers ; they did not have the appearance of being very permanent ; they 
 were walled with planks. 
 
 Q. Do you know how many confederate soldiers were there? 
 
 A. No, sir, I never heard the number estimated. 
 
 Q. Can you form any estimate yourself of how many were there? 
 
 A. There were four or five hundred ; perhaps eight hundred. 
 
 Q. Do you think that eight hundred confederate soldiers could garrison a post 
 like that, and guard thirty or forty thousand Union soldiers ? 
 
 A. I never studied much about that. 
 
 Q. May there not have been three or four thousand soldiers there ? 
 
 A. I never took any particular notice. 
 
 Q. Where were these soldiers located 1 
 
 A. They were located on the left of the southern branch ; there were some 
 iifthe forks of that branch and some to the south of it. 
 
 \ Q. Is it your opinion that those soldiers were placed there for the purpose of 
 sickening Union soldiers. 
 
 A. I never thought bo. 
 
 Q. Did you have any idea during the whole time you were there that there 
 was any such conspiracy as that of sickening Union soldiers from this stream? 
 
 A. I never had any impression of that kind. 
 
 Q. Did you have any idea that the Union prisoners were actually sickened 
 and killed by the filth of that stream ? 
 
 A. I am not posted on that matter. My duties were confined to the hospital, 
 not to the stockade. 
 
 Q. Did it ever strike you that any one about those premises was conspiring 
 for the death of Union prisoners there ? 
 
 (Objected to by the judge advocate, and, after deliberation, objection over- 
 ruled.) 
 
 A. It never so impressed me. I always objected to the shortness of the 
 allowance, but I never attributed it to a conspiracy. 
 
TRIAL OP HENRY WIRZ. 43 
 
 Q. Was not the shortness of the allowance and the poor condition of it in 
 consequence of its having been furnished by the southern confederacy ? 
 
 A. To a great extent I suppose it was. 
 
 Q. Could any one at that post have obviated the difficulties in regard to the 
 Union prisoners there ? 
 
 A. There could have been more issued of the character it was. There 
 wasn't enough as it was. 
 
 Q. But supposing there had been an abundance, was it such as a sick man 
 should have had ? 
 
 A. No. 
 
 Q. Could any one there have furnished what the sick men should have had? 
 
 A. Not without special pains, and going into the country for it. 
 
 Q. Was it the duty of any one to go into the country and get supplies ] 
 
 A. Sometimes there were foragers there whose duty I understood it to be to 
 forage for the hospital. 
 
 Q Would you or any other officer there have been allowed to go into the 
 country and get supplies for the prisoners ? 
 
 A. I always understood that I had no right to do it. None of us pretended 
 to do it. 
 
 Q. Would one of them have dared to do it 1 
 
 A. I do not think he would. 
 
 Q. Were not those prisoners taken care of by the persons there as well as 
 they possibly could be with the means at hand ? 
 
 A. We took care of them the very best we could, but we always objected to 
 the means furnished. 
 
 Q. To whom did you object 1 
 
 A. Through the morning report we objected, in the usual course, to the sur- 
 geon in charge. 
 
 Q. Do you not know that it was generally complained of up to higher author- 
 ities ? 
 
 A. That was what our intention was. 
 
 Q. You always looked to higher authority for relief from these troubles 1 
 
 A. Yes, sir. 
 
 Q. Do you know of Captain Wirz doing anything in the way of starving 
 these prisoners any more than the rest of you ? 
 
 A. Personally I never knew anything about Captain Wirz, whether he ever , 
 signed an order to issue anything or not. "^ 
 
 ANDBRSONVILLB. 
 
 Andersonville is nothing more than a railroad station. There were but a few 
 houses there until the military shanties were put up. There were commissary 
 stores there. There was one private store there ; I think a drygoods store. 
 There was no grocery store while I was there. The prisoners could not obtain 
 anything for their comfort or convenience without going into the country and 
 foraging. They were not allowed to do that. Some of the paroled men used 
 to do it, sometimes. 
 
 August 25, 1865. 
 
 medical testimony. 
 
 Dr. A. V. BARROV\rs, for the prosecution : 
 
 During the last four years 1 have been in the service of the United States as 
 hospital steward twenty- seventh Massachusetts regiment, and was acting assist- 
 ant post surgeon at Plymouth (where I was captured) for several months 
 previous to my capture. Then I was paroled by General Hoge, to take care of 
 our wounded, and forwarded from there, with the remainder of the convalescents, 
 
44 TRIAL OF HENRY WIRZ. 
 
 from one prison to another, till I reached ^.ndersonville — about the 28th day 
 of May, 1864. I was then paroled by Captain Wirz, and placed in the hospital, 
 and put in charge of two wards, numbered 7th and 8th, or the 8th and 9th. I 
 remained there nearly six months, till the 9th of October, and then made my 
 escape to Pensacola, within our lines. Since then I have been mustered out of 
 the service, and have been practicing medicine at home. I was assigned to the 
 hospital by Captain Wirz. I left Andersonville on the 9th of October, 1864, 
 I was not there in the winter-time. Captain Wirz was in command of the 
 prison all the time from the time I went there. I found him in command, and 
 he was there when I made my escape. (A paper was here handed to the wit- 
 ness.) This paper was given to me by Surgeon Eiland, who commanded the 
 division in which I had charge of a surgical ward. 
 (The following paper was then put in evidence : ) 
 
 Office Surgeon in Charge 1st Div. C. S. Mil. Prison Hosp., 
 
 Andersonville, Ga,, September 7, 1866. 
 I take pleasure in testifying to the kind and gentlemanly deportment of Dr. A. W. Bar- 
 rows, while a prisoner of war, and to his energy and devotion to his suffering comrades. Dr. 
 Barrows has been in charge of both medical and surgical wards, in all of which he has ac- 
 quitted himself with credit to his profession. 
 
 E. D. EILAND, 
 Surgeon in Charge 1st Division, 
 
 CONDITION OF THE PRISONERS IN THE HOSPITAL. 
 
 ' When I reported for duty I found, I think, about six or seven hundred pa- 
 tients lying on the ground. At that time there were no bunks ; that is, there 
 might have been a very small number. Most of the patients were lying on the 
 ground, partially naked — some of them with wounds, broken legs, the loss of 
 limbs, gangrene, scurvy, chronic diarrhoea, and other diseases. In the two 
 
 Lwards to which I was assigned they had no medical attendance at that time. 
 They had established the hospital outside of the stockade, I think only four 
 days previous, and they had no medical attendance, except from the stewards 
 and nurses ; I do not know for how long. I found them there without medical 
 attendance. While I was on duty there I found other wards without attend- 
 ance. There have been times when, I think, the 3d and 4th wards were with- 
 out medical attendance for two or three days, with the exception of stewards 
 and nurses ; but it was not so as a general thing. I was once ordered to take 
 
 r-eharge of those wards, which I did for ten days, and then reported back to the 
 
 \ 7th and 8th, or 8th and 9th. I do not remember the number. Many of the 
 men were without blankets, and with hardly clothing enough to cover them. 
 Some had blankets, others had none. Probably nine-tenths of the patients, at 
 that time, were lying on the ground — some of them without shelter, and some 
 under poor tents. The ground was a little descending to the southeast part of 
 the hospital ; and whenever we had heavy rain the patients were completely 
 
 'i -washed in the rain, lying on the sand. I once ordered the men in my wards to 
 dig trenches around the tents, to turn away what water we could ; and I also 
 tried to get boards to have bunks made, but I could not obtain them. 
 
 AUTHORITY OF WIRZ OVER THE HOSPITAL. 
 
 I have often heard Captain Wirz make remarks in reference to the hospital, 
 /~at different times. I have sometimes heard him say that he would starve every 
 damned Yankee that was there — or something to that effect — when somebody 
 had made his escape, or attempted to make his escape. Whenever prisoners 
 came there, I have heard him make such remarks. I have heard such remarks 
 many times when I have been at his office. He used to come into the hospital 
 about once a week, but never unless he was looking after somebody, or some- 
 body had made his escape. I have seen him around the hospital, and this man 
 
TRIAL OF HENEY WIEZ. 45 
 
 Turner, with hi's hounds. "We looked upon Captain Wirz as the proper author- 
 ity to govern things there, not, perhaps, in the medical line, but as to every 
 other regulation. As to the discipline, if any one made their escape from the 
 hospital, he inflicted the punishment ; he ordered the man. put in the stocks, or 
 in the chain-gang. I have seen Union soldiers who had tried to make their 
 escape, and had been caught, put in the chain-gang, or in the stocks, within . 
 the stockade. •— / 
 
 RATIONS OF THE PRISONERS IN THE HOSPITAL. 
 
 The rations of the sick men when I first went there I never weighed. They 
 were very small, indeed. In the month of June the patients in my ward got 
 the same as the others. The daily ration averaged about two ounces of meat a~ 
 day. Then it was bacon, I think. There were no vegetables issued in that 
 month, or in the fore part of it, at least. Their diet consisted of two ounces of 
 bacon and a small peice of corn-bread in the morning, and at night perhaps two 
 and a half inches square of bread ; no coffee, no tea, no sugar at that time, and 
 no flour. Sometimes there was a little rice soup ; perhaps a gallon of rice to 
 thirty gallons of water. That is pretty much all I had to live upon. --,j 
 
 In July we got a very few vegetables ; collards, which is a species of cabbage, 
 but not suificient to give the patients a table spoonful of vegetable matter per 
 day. Later I had more vegetables, though not every day. 
 
 The last three months I was there I had charge of a surgical ward where the 
 patients got more vegetables. I drew sweet potatoes for them ; perhaps they 
 would get one a piece each day with their other ration of corn- bread. There 
 has been a few times a little tea issued ; perhaps a quarter of a pound to a ward 
 of a hundred persons for a week. That was not all over the hospital, merely in 
 gangrene and surgical wards. Some of the patients were unable to eat the corn- 
 bread ; it was unsifted, coarse, and not very clean. Under such diet the patients] 
 would become reduced in strength, and gradually run down to the system of( 
 starvation. Many of them became idiotic from want and exposure, and from 
 the lack of proper food to sustain the vital powers. 
 
 I saw other evidences of starvation manifested by these prisoners. They 
 would steal from each other the small ration they did get, or steal from anybody. 
 They would take anything they could get to eat. I have seen, after the street 
 had been policed and before the dirt was carried away, prisoners look it over to 
 get a potato paring, or something of that kind. They were always asking for 
 something to eat, saying that they were hungry. Many of these sick men could 
 not eat the corn-bread. Trom the effects of starvation their gums were bleeding, 
 their mouths were sore, and they were unable to masticate. I remember an in- 
 stance where a sick man picked up beans or peas which another had eaten and 
 vomited up. That has been seen many a time. Such instances as that were 
 common, indicating starvation. ' — 
 
 VACCINATION OF THE PRISONERS. 
 
 I had in my ward cases of vaccination. I had what I call vaccine sores; they 
 were in the arms usually ; sometimes in the axilla. They were the result of 
 vaccination, and had every symptom of " secondary" syphilis, in my opinion. A 
 person can be impregnated with that disease by inoculation ; it is so put down 
 in medical history. I should say I have seen two or three hundred cases of 
 that description in the course of my stay there. The sores were as large as my 
 hand, and were produced by vaccination. In my opinion, the matter used must 
 have been impure. I considered it as poisonous, judging from the effects and 
 results; there was every appearance of ''secondary" syphilis in the sores. 
 Amputations were necessary from that cause, and 1 do not remember of one 
 living ; there may have been, but I do not remember such a case at the present 
 
46 TRIAL OF HENRY WIEZ. 
 
 time. I have seen men die from the effects of that vaccination in the months of 
 June, July, and August ; more particularly, 1864. I have had conversations 
 with the surgeons ahout that matter, and some of them have admitted that, in 
 their opinion, it was poisonous matter. I do not know that I called Dr. White's 
 attention to it specially. I was not considered as a privileged character there, 
 and had not opportunities to report. He had means of knowing it, and must 
 [hsLve known it ; he visited the hospital very often. 
 
 DR. PBLOT'S report. 
 
 (A paper was here handed to witness.) I have seen that paper before. I 
 took it from Andersonville hospital. It is the original document — the morning 
 report of Dr. Pelot. I brought it from there myself. This is his own hand- 
 writing. I am familiar with it. I took it away, as it seemed to be a clear state- 
 ment of how things were there. The blots came upon it from a piece of nitrate 
 of silver that I had in my pocket book. When I made my escape I took it with 
 me lest I might get scratclied by brambles, and thereby get gangrene, having 
 been in the hospital so long. 
 
 THE STOCKS. 
 
 TJie " stocks'' is a frame about six feet high, with boards that shut together, 
 leaving just room enough for a man's neck, and arranged so that his arms are 
 fastened at full length each way, and his feet just touch the ground. I have 
 seen cases where the men could have the privilege of standing on their feet with 
 their whole weight on the feet ; and I have also seen them where they could 
 merely touch the ground with their toes. I have seen men punished with the 
 stocks both ways. There was a different kind of stocks from those I have de- 
 scribed. There was one kind for putting the men's feet in the stocks, and balls 
 and chains on their hands, with their feet elevated. The men would be lying, 
 or I do not know but they might sit up. I do not remember any other descrip- 
 tion of stocks but that. 
 
 THE CHAIN-GA^G. 
 
 I have seen six men in the chain-gang, and I remember seeing eighteen men 
 in it at one time; a heavy chain ran from one to the other, and round theii' 
 necks, chaining them all together in a circle as it were. They were connected 
 with handcuffs on their hands, and balls and chains to their feet, and those chains 
 running from their feet connected in some way with the circular chain that ran 
 from one to the other. That is as near as I can describe it. A 32-pound ball 
 was attached to the chain, or a smaller ball, perhaps ten or twenty pounds. I 
 /TSm not able to state the exact size. The prisoners were confined in the chain- 
 gang at all hours of the day. I have known of some men being there for a 
 week, and some two weeks, at different times. The time would vary. The 
 men would have to be there as long as Captain Wirz saw fit to let them remain 
 there. They were without shelter in the sun or rain. The effect upon the men 
 at best must be to weaken them — reduce their strength. I cannot testify that 
 I saw any prisoners die from being confiued in the chain-gang. I have no 
 doubt of the fact, although I did not see the meo die. 
 
 THE DOGS. 
 
 I have seen the hounds used at the prison. I think the first time I saw them 
 was in the forepart of the month of June, 1864. At that time some one had 
 made his escape from the hospital. They were brought to the hospital and 
 taken round the hospital to see where the man went away, and they took the 
 trail, and caught the man, and he was brought back and put into the stocks. I 
 have seen Captain Wirz on horseback with the party who were runnino- the 
 
TRIAL OF HENRY WIRZ. 47 
 
 hounds. I could not say that he was running them. Turner had command of 
 them, and I have seen Wirz order the men off — I mean the men who had charge 
 of the hounds. I have heard him give orders to Sergeant Smith, I think his 
 name was, to start the hounds, as some one had got away from the hospital,, or 
 something to that effect, at a good many different times. 
 
 MEN MAXGLED BY THE DOGS. 
 
 I remember a man making his escape from the hospital in July, and heing-i 
 overtaken by the hounds ; a large portion of his ear was torn off, and his face j 
 mangled, and he was afterwards brought into the hospital. That man got well. 
 This was in July or August, 1864 ; I do not remember the exact date. I re- 
 member, also, that, at the end of August, or in September, 1864, a man who had 
 been bitten badly by the dogs in trying to m*ake his escape, was brought into 
 my ward and died. The wound took on gangrene and he died. He was a 
 Union prisoner. I am not certain whether he was trying to escape from the 
 stockade or the hospital. I cannot state the exact date when he died. It was 
 either the last of August or the forepart of September. If my memory serves 
 me right, I should say he died four or five days after he was torn by the dogs. 
 I know the wound took on gangrene and he died. I do not think he died di- 
 rectly from the effects of the wound. I think he did indirectly — it was from the 
 effects of the gangrene. The gangrene was manifested in the wound, and in no 
 other part. He was bitten through the throat on the side of the neck, and gan- 
 grene set in, and he died. The gangrene was the result of the bite, in my opinionj_ 
 
 THE DEAD-LINE. 
 
 We had no dead-line in the hospital, and I never was in the stockade. I 
 have seen what has been pointed out as the dead-line. In some places there 
 was a little mark pointing it out, and at other places there was nothing but the 
 ditch. I do not remember that I ever heard Captain Wirz give any orders 
 to any of the guard with regard to that dead-line. I think I never dill. 
 
 SHOOTING OF PRISONERS BY THE GUARD. ^ 
 
 I have often heard Captain Wirz tell the guard at the hospital, that if any of 
 those " Yanks" tried to get away to shoot them. We had no dead line estab- 
 lished there. I remember one of our soldiers being shot in the hospital. He 
 was a man from my ward ; I don't remember his name. It was in August, 
 1864. He was cold. There was a fire inside the enclosure on the south part 
 of the hospital. It was swampy there, and there was no ground for the guard 
 to stand on, and they were stationed inside the hospital at one portion of it. 
 Where this shooting happened the board fence came down to the swamp, and 
 there the guards were on the other side. This was a patient in my ward. He 
 got up to go warm himself by. this fire beside the fence, perhaps five or six feet 
 from it. A confederate soldier put his gun barrel through the fence and shot 
 him, breaking his thigh. His limb was amputated by Dr. White. Within five 
 to seven days he died. He was shot inside of the hospital. This happened 
 some time in August, 1864, I think. 
 
 THE ORDER OF WIRZ TO FIRE THE ARTILLERY UPON THE PRISONERS IF THEY 
 
 HUDDLED TOGETHER. 
 
 I remember once, when we were expecting a raid from Kilpatrick, I was up 
 at Captain Wirz's headquarters ; he was standing by the battery ; I heard him 
 give orders to the gunners if the prisoners huddled together in a heap in the 
 stockade to fire the artillery upon them ; that was at the time of Sherman's 
 march, about the time he took Atlanta ; there was a good deal of excitement in 
 the stockade as well as out ; the troops were drawn up in line around the stock- 
 
48 TRIAL OF HENEY WIEZ. 
 
 ade all the time ; there were fi-om 33,000 to 36,000 prisoners there at that 
 time, as I understood ; it was difficult for the prisoners to avoid being huddled 
 together ; there were so many that when they lay down at night they would 
 cover every foot of the ground ; that, I believe, was before the stockade was 
 enlarged ; it was enlarged some two acres ; I will not be positive whether it 
 was before or after ; but previous to its enlargement, the stockade was terrihly 
 crowded, so that the prisoners, when they lay down, would cover the whole 
 space, I think. 
 
 DR. WHITE. 
 
 I know Dr. White ; his name is Josiah White ; I know it, because I had a 
 pass from him to go out, which is now in this city in the hands of one of the 
 witnesses in this case; I mean the surgeon in chief: there was no other Dr. 
 White there ; I made representations to the surgeon in chief. Dr. White, in 
 regard to the treatment of the prisoners there ; I never got what I asked for ; 
 there was always some evasive answer to the effect that what I asked for could 
 not be got, such as vegetables, anti-scorbutics, and articles of diet. 
 
 Counsel for the defence moved to quash so much of the first charge as referred 
 to Dr. White, on the ground of a misnomer, evidence showing his name to be 
 Josiah, not Joseph, as charged. 
 
 The court, after deliberation, overruled the objection and refused the motion 
 to quash, stating that the name could be at any time corrected on motion. 
 
 The Witness. I have seen the handwriting of Dr. White ; (a paper was here 
 handed to witness.) I recognize that pass ; I went with Mr. Keyser one morning 
 to get a special pass, and Dr. Wiiite gave it to us ; that is the pass ; I saw Dr. 
 White write it ; my name is given in the pass as J. Barrows, but I am the 
 person. 
 
 The following paper was then put in evidence : 
 
 Chief Surgeon's Office, June 19, 1864. 
 Guards -will pass J. Keyser and J. Barrows, hospital attendants, to depot and return. 
 
 ISAIAH H. WHITE, 
 
 Chief Surgeon. 
 
 FIKST CHARGE AND SPKCIFICATION AME.\DED BY INSERTING "ISAIAH H. WHITE," 
 IN PLACE OF JOSEPH WHITE. 
 
 The Judge Advocate. I now move that the word " Joseph" be struck out 
 in the first charge and specification, and wherever it occurs before the word 
 " White," and that the words " Isaiah H." be substituted for it. 
 
 Counsel for the accused objected to the amendment proposed and opposed 
 the motion, contending that there was no law justifying or authorizing it. 
 
 After deliberation, the decision of the court was announced, overruling the 
 objection and granting the motion of the judge advocate. 
 
 MOTION TO STRIKE OUT THE NAME OF JOHN H. WINDER FEOM THE FIRST 
 CHARGE AND SPECIFICATION. 
 
 Counsel for the accused moved that the name of John H. Winder be struck 
 out of the first charge and specification, and that all proceedings in reference to 
 him be quashed, it being a notorious fact that John H. Winder was dead. 
 
 The Judge Advocate. D.i you appear for John H. Winder? 
 
 Mr. Baker. I do not. I hold that Winder, who is dead, cannot be tried for 
 conspiracy. 
 
 The Judge Advocate. Then I insist that you do not try to defend him. 
 There it nothing before the court to sliow that he is dead. 
 
 After deliberation, the decision of the court was announced refusing to grant 
 the motion. 
 
TRIAL OF HENRY WIRZ. 49 
 
 THE SUPPLY OF WOOD. 
 
 There -was material for shelter at hand, and it could have been procured. Our ' 
 boys offered to build hospital sheds if they would allow us to go out on detail, 
 paroled under guard, and allow us to cut timber and bring it there, and build 
 them ourselves, but it was not allowed. Timber could have been got when I 
 first went there, within ten rods, which was cleared up afterwards. I do not 
 think there was a sufficient quantity of fuel for the purposes of cooking and for 
 warming the prisoners. It could have been procured, as I tell you, within ten 
 rods, or twenty rods at least, for four months of the time while I was there. It 
 was gradually used up by the confederate soldiers outside, from the fact that 
 it was so near them. Many of the prisoners made a similar proposition to go 
 for wood for fuel. I have passed men out to get wood, but I could not always 
 do it. I could sometimes pass out the nurses in my wards, when I had business 
 for them outside, 
 
 CONDITION OF THE WATER, 
 
 T Ba^g been hear the bake-houses for the prison. There was only one when 
 1 fii'St went there. It was on the north side of the stockade, about two rods 
 above it, on the creek running through the stockade. Some time in the latter 
 part of August or September there was another larger one erected at the north- 
 east corner. I have been in both of them many a time. For the first three or 
 four months of my confinement there, all the lations for the inside of the stock- 
 ade and for the hospital were cooked, I believe, in the bake-house at the north^ 
 west side of the stockade. (Witness points out on the diagram the bake-hous^ 
 as being the one situated on the stream above the stockade.) All the rations 
 cooked for the prisoners were cooked there — such as peas, bread and meat. 
 The drainage from it must have gone into this brook. There was a small ditch 
 connected with the brook from the bakery. All the dirty water, slops, and every- 
 thing wf that kind, ran into this brook, about two rods above the stockade. 
 Some three months after that, the meat, peas and rice were cooked at the further 
 bakery, and nothing but bread cooked at the other. The water for making the 
 bread was taken from the brook. There were planks laid down from the bake- 
 house to the brook, below the rebel enca,mpment. It was a very swampy place, 
 and they had to lay down boards in order to walk out to the brook. I should 
 not be able to give an idea of the quantity of filth and garbage that must neces- 
 sarily have flowed into the brook. The court can judge of that when I state 
 that all the rations for from eighteen to twenty-five thousand meSTwere'cooked 
 there. Before the new bakery was erected there were rations cooked there for 
 as many as thirty thousand men. 
 
 The exhalations that aros« from the stream in and around the bakery were 
 perfectly horrible ; I do not know that I can express it any better than that ; 
 so much so that it did not seem as if any one could live there. I certainly did 
 not think that any one could live in the vicinity and enjoy health with even 
 the best of diet. The drainage would " rile " the water, all the fillh being 
 carried by that stream through the stockade, where our prisoners obtained their 
 water. It made the water very unhealthy. There were confederate soldiers 
 encamped on each side of the stream, not a quarter of a mile above the cook- 
 house. There was 'an encampment on each side ; one of the regiments there 
 was the third Georgia. The ground is very descending on each side. When 
 I passed over the ground there were sinks dug there, near the brook, perhaps 
 four rods from it. In the descent from the camp every rain must fill the sinks 
 full and wash them into the brook which passed through the stockade. The 
 filth from the camp must naturally go into this brook, because it could go no- 
 where ehe. That is a fact ; I have seen it. 
 
50 TRIAL OF HENEY WIEZ. 
 
 THE STOPPAGE OF liATION.?. 
 
 I know about rations being cut off from prisoners in tlie stockade. I remem- 
 ber being at the bake-house or cookery when I heard of it. Some of the men 
 had been trying to tunnel out. I think the whole thirty thousand prisoners 
 were deprived of rations until these men could be found out. They were 
 twenty-fours without rations at that time, and there was a great deal of disturh- 
 (_ance in relation to it. 
 
 THE PfllSONEliS PPtEVENTED FROM BUYING VEGETABLES. 
 
 I had the privilege, by reason of my assignment as assistant surgeon, of 
 going outside of the hospital, anywhere inside of the inner forts, from half a 
 mile to a mile of range of country ; around the cook-house and in that vicinity. 
 I noticed that there were cornfields within a mile of the stockade. There were 
 J«rge cornfields across the larger creek, a little south of the hospital. There 
 [was a road running through the swamp leading to large cornfields. The con- 
 Ifederate soldiers had plenty of vegetables ; they had them to sell. They were 
 not allowed to sell to Union prisoners, but they did so without the knowledge 
 of the officer of the day. The Union prisoners were not allowed to have green, 
 corn or vegetables, or to carry it in. We understood there were orders against 
 it. I have known men to be arrested for buying such things, and I have seen 
 the guard take away vegetables which they were trying to carry to the hospital. 
 Green corn would answer as an anti scorbutic in cases of scurvy, and would 
 have been a very useful diet. Captain Wirz's orders, as I understood them, 
 as regards men who were paroled, were that the men should not be allowed to 
 ^take in anything of a vegetable kind. I know that vegetables have been taken 
 from myself which 1 was trying to take in. I remember one instance of my 
 getting some back from Dr. Eiland's ofiice. 
 
 TREATMENT OF THE DEAD. 
 
 When I first v/-ent there, the dead were carried from the hospital over to the 
 outer gate of the stockade, where they were laid, lying in a row, three or four 
 rods from the front entrance. Those who died in the stockade during the 
 night were brought out the next morning, and from there they were hauled to 
 the burying ground. I cannot tell you exactly how long the bodies were al- 
 lowed to remain there. They were not hauled away immediately. For in- 
 stance, if dead bodies were taken out at night they remained there over night 
 till the next morning. As to the dead-house at the hospital, I remember at one 
 time some dead bodies lying there some three days. 1 made a complaint to Dr. 
 Cridelle, who commanded the division in which my ward was, and he made a 
 complaint to higher authorities, I do not know to whom, and the bodies were 
 hauled away. The stench was terrible ; worse than any dissecting room I was 
 ever in. It was in August, and was very hot weather. I could plainly dis- 
 cover the effect of it upon the atmosphere at my tent, which was ten or fifteen 
 rods from the dead-house. I called the attention of a number of surgeons to, 
 it, Dr. Kilpatrick, Dr. Cridelle, and others. I think Dr. Cridelle entered the 
 complaint to higher authorities. I think that is the only time I ever knew 
 dead bodies to remain there such a length of time. I have known of persons 
 who died in my ward in the night and were not found perhaps till next morning. 
 Often in making my morning call through my ward I have found men dead, 
 lying beside a comrade asleep. It was a very common occurrence in the hospi- 
 tal. I do not know how it was in the stockade. I remember when there have 
 been as many as from seventy-five to one hundred who died during the day in 
 the stockade, and who were never taken to the hospital. That was in the 
 
TEIAL OF HENRY WIEZ. 51 
 
 month of August. These men died without coming outside the stockade. 
 There were surgeons who went to the outer gate, and who were called stockade 
 surgeons. Those who were able to come out to that gate received medical 
 treatment, as far as the medical officers would give it to them. 
 
 NUMBER OF DEATHS IN AUGUST, 1864. 
 
 The number of deaths that occurred in August, 1864, by the official report 
 that went from the hospital, was 2,997. I did know the number officially re- 
 ported for all the months, but I have forgotten the figures. 
 
 NUMBER OF DEATHS IN ONE DAY. 
 
 I think the largest number of deaths occurring in the stockade and hospital 
 any one day was 207, who died one day in August. I cannot give the exact 
 -date. There was a good deal said about it at the time among us prisoners. 
 
 WIRZ KNOCKS A PRISONER DOWN AND STAMPS ON HIM. 
 
 At the time when they were removing the prisoners from Audersonville to 
 Savannah, Isuppose, and other places, I was up at Captain Wirz's headquarters 
 one day; they were taking the prisoners from the stockade to the railroad ; I 
 don't remember the month ; there was one man who was sick, unable to walk, 
 *ind he fell back ; I could not hear Captain Wirz's language to him, but I saw 
 Captain Wirz knock him down and stamp on him ; I think it was in September, 
 1864; he had a revolver, but I could not say whether he struck him with his 
 revolver or his hand ; I was perhaps four rods from him. 
 
 WIRZ BOASTS THAT HE IS OF MORE SERVICE TO HIS GOVERNMBiNT THAN FOUR 
 REGIMENTS AT THE FRONT. 
 
 I remember hearing Captain Wirz make the remark that he was of more ser- i 
 "vice to the confederate government, by being in command of that prison, than ' 
 any four regiments at the front. 
 
 Cross-examined by Counsel ; 
 My home is in Amherst, Massachusetts ; it has been my home some ten years ; 
 I was a medical student before the war, and received my diploma since I came 
 from the army ; I was mustered out the 7th of December, I think ; I was act- 
 ing assistant post surgeon at Plymouth, and was a hospital steward by rank ; 
 I had the responsibility of a physician ; I consider that a man can be a physi- 
 cian without a diploma ; I practiced before I went into that hospital with my 
 preceptor, more or less, for two years, studying and practicing, both, as his 
 student ; I attended one course of medical lectures in 1860, at Berkshire Medi- 
 cal College. I connected myself with the twenty-seventh Massachusetts in 1862 ; 
 they were already in the field in North Carolina, a portion at Little Washing- 
 ton, and a portion at Newport barracks ; I was connected with that regiment 
 altogether about three weeks, with the portion at Newport barracks ; I think 
 there were five companies there ; I think there was something like a thousand 
 -troops there of different commands, artillery and cavalry ; I was acting surgeon 
 at that time at the hospital, attending morning-call for the whole post ; the sur- 
 geon being sick, I took his place, being ordered to do so ; I had a general super- 
 vision of the sick ; we had no hospital there ; we gent our worst patients to 
 Beaufort, South Carolina ; I did not go there to attend them. We had some 
 sick persons with the regiment, those that were temporarily sick, not considered 
 aick enough to be sent to the hospital — some mornings there would be twenty, 
 and other mornings there might be fifty, answering surgeon's call — on an aver- 
 age there were from twenty to fifty, daily, under my charge ; if there were 
 any sick enough to be sent to tlie hospital, I gave them an order to go to Beau- 
 
52 TRIAL OF HENRY WIRZ 
 
 fort ; I had an opportunity to observe the conduct and discipline of the soldier* 
 there, frequently and freely. When I left that place I was assigned to duty, by 
 the medical director, to Little "Washington, North Carolina ; I remained there- 
 two or three months as Dr. Hunt's post surgeon's assistant ; there were probably 
 twelve or fifteen hundred soldiers there ; I had charge of the hospital there after 
 the death of Dr. Hunt, which occurred about two or three weeks after I went, 
 there ; he was shot outside the lines ; I was there about three months ; I had 
 an opportunity to observe the conduct and discipline of the soldiers, freely, 
 while I was there ; I was there only three months when I was ordered to report 
 to Post-surgeon Iflagg, at Plymouth, as his assistant, and I remained at that 
 post till my capture, April 20, 1864 ; I was at Plymouth nearly a year ; in the 
 first place when I was captured, I was paroled by General Hoge to take care 
 of the wounded. On leaving Plymouth, I went to Weldon, North Carolina, and 
 remained there a very few hours, when 1 was taken to Raleigh ; I remained 
 there, I think, two days; I was in the hospital there ; I was next taken, I 
 think, to Charlotte. I was not on duty with our troops after leaving Plymouth 
 as a prisoner; I have had very good chances of observing the conduct and dis- 
 cipline of our troops at different posts ; I don't know that I have seen any of 
 the Union troops punished while in our service ; I have seen them in the guard- 
 house; I suppose that was a punishment ; I never saw any of them wearing a 
 ball and chain ; I suppose such punishment has been inflicted ; I have not seen 
 it ; I have never seen them punished in any way except by being put in the 
 guard-house ; I have never been on duty in any hospital in our service besides- 
 those two I mentioned, that at Little Washington, and that at Plymouth ; in 
 visiting those hospitals, I observed closely the condition of the sick ; I have 
 seen patients affected with syphilis, some bad cases ; I did not see any cases a» 
 bad as those at Andersonville ; the cases I visited in our lines were primary 
 syphilis ; I considered the others as secondary syphilis ; they are quite different j 
 all that I saw at Andersonville were secondary, and those that I saw in our 
 lines were generally primary syphilis ; I may have seen cases of secondary 
 syphilis, but I don't remember any ; I have often seen such cases in my practice. 
 
 AUTHORITY OF WIRZ OVER THE HOSPITAL. 
 
 While I was at Andersonville I saw a portion of the medicine furnished to 
 the men ; it came from what we termed the dispensary ; the dispensary was 
 ^ainder the direct charge of the confederate hospital stewards ; I think there 
 were some men there on detail; it was considered under charge of Captain 
 Wirz; I know of his ordering men from the dispensary back to the stockade 
 for some trivial offence ; the internal management of the dispensary, the giving 
 out and control of the medicine, was under the confederate stewards; they were 
 under the orders of Captain Wirz ; I took it to be so, as I had seen him order 
 them ; I have every reason to think it so ; I think Captain Wirz signed requi- 
 sitions for medicines with Surgeon White ; I have seen such requisitions signed 
 by himself, I think, and Surgeon White, if my memory serves me right ; I have 
 seen requisitions with Captain Wirz's name attached drawn upon Macon ; I do 
 not know what right he had to interfere with the dispensary of that hospital ; I 
 cannot say that it is customary for commandants of prisons to interfere with the 
 arrangements of a dispensary ; I never was at but one prison ; I have heard 
 the doctors make remarks upon that subject ; after some trouble that they had 
 over some question that arose, I heard them make remarks to this effect : that 
 they considered it was finally decided that they had not the right to give a dose 
 of medicine without Captain Wirz's permission or orders ; that was some time 
 in September, I judge — I cannot say certainly — the latter part of the month; I 
 heard Dr. Eiland make that remark ; Captain Wirz never interfered with me 
 in relation to the medicine while I was in the hospital ; I had nothing to do 
 
TRIAL OF HENRY WIRZ. 53 
 
 -with him, nor he with me, as regards my own wards ; I iiad no one in that 
 hospital dealing out medicines ; in our morning visits we made req[uisitions for 
 such medicines as we knew they had or could get ; those requisitions M'ent to 
 the steward of the camp, and I knew no more about them afterwards ; those 
 requisitions were in writing, and were made upon the hospital steward of the 
 ■camp ; I have made requisitions in my own handwriting, and always made 
 them on the hospital steward ; that was as high as I had authority to go ; I 
 think the other physicians made their requisitions on the division surgeons ; I 
 am not positive ; all those requisitions of different wards or divisions were con- 
 solidated, and a general requisition, as I understood, was sent up on the medical 
 director of the post ; the hospital steward made the consolidation ; in my own 
 ward the requisitions were first made on the hospital steward of the camp ; the 
 others did not always go the same way ; sometimes I have known them to do 
 ;So, and sonjetimes they went to their division surgeon ; I think there were four 
 divisions while I was there and four division surgeons ; I was under Dr. Eiland 
 a portion of the time ; I understood that those division surgeons were under the 
 control of Captain Wirz ; I could not say how far his authority went in regard 
 ito them ; I do not think it would be impossible for them to be under his con- 
 trol ; I do not know tliat it would be impossible for the surgeon-in-chief to be 
 under the authority of the commandant of the prison ; I never was in a mili- 
 itary prison before, and had no opportunity to judge about the rules of military 
 prisons and hospitals ; while I was in that hospital I received verbal orders, 
 usually from the division surgeon ; I do not think I received any orders directly 
 from Captain Wirz while I was there. 
 
 RATIONS OF PRISONERS AT THE HOSPITAL. 
 
 In the earlier part of the time I was there, in the latter part of May or June, 
 1S64, the diet was principally bacon and corn bread, sometimes a little rice 
 soup ; I think there were no vegetables in the month of June, but later we had 
 a, very few vegetables ; rice was not plenty in the hospital ; it was not the best 
 nor the poorest ; it was rather mean in quality ; I do not remember seeing 
 any wheat flour until two or three months after my going there; in September 
 -or October we had some flour occasionally — perhaps an ounce and a half of 
 flour to a patient ; we were limited to prescribing it to the worst cases ; if my 
 memory serves me right, we began to receive it more regularly in the latter 
 part of August or the first of September, but in very limited quantities ; it was 
 issued to my ward by the quartermaster inside the hospital ; the rations were 
 brought there in wagons, I suppose from the commissary ; it was drawn in on 
 wagons with the rest of the provisions ; I saw it drawn in ; I do not know 
 whose wagons they were ; I should judge they were those attached to the 
 quartermasters' department ; I do not know who was the quartermaster out- 
 side ;' there was a man detailed in the hospital as quartermaster to distribute the 
 rations ; his name was Smith, if I remember rightly ; I cannot tell his first 
 name ; I think he was acting in that capacity when I went there, and he con- 
 tinued up until nearly tlie time I went away ; his duties were to distribute the 
 rations to the different wards according to the number of patients in the wards, 
 as I understood; I do not think he had the rank as quartermaster; I think 
 he was a sergeant; I think he was called Sergeant Smith; he was one of our 
 own men ; I do not know his rank ; I do not know where he got the rations ; 
 they were drawn in from the outside ; the commissary department was near the 
 •depot, or the building pointed out to me as such ; 1 suppose he got all the 
 rations used there from the general commissary department ; I do not know 
 the name of the commissary from whom these supplies came ; I do not know 
 whether there was any change in the officer of the commissary department dur- 
 ing the time I was there ; I do not know whether Captain Wirz was ever quar- 
 
64 TRIAL OF HENRY WIEZ 
 
 termaster or commissary during my stay there ; I did not so look at liim ; I did 
 not suppose he was quartermaster or commissary ; I could not say that he wa& 
 or was not ; I have no reason to helieve that he ever was ; as he was command- 
 ant of the post, I think he must necessarily have had command over those 
 departments ; if it would be necessary for me to see his orders to know that he 
 had control over them, I never saw any orders from him to that effect ; I do 
 not know positively that he had official control of either of those departments ; 
 I know of his keeping rations away from them ; Smith is the only one that I 
 have personal knowledge of distributing the supplies; we got them from him; 
 they were brought in by teams every day; they were delivered to him to dis- 
 tribute to the hospital ; I have heard Dr. White, when he was medical director, 
 give him orders in reference to the distribution of vegetables ; I have some- 
 times heard him give orders to distribute to gangrene wards a little larger pro- 
 portion of vegetables than to medical wards ; I have heard such orders ; we 
 did not have a sufficient supply of wholesome vegetables — it was very limited ; 
 in July and August, I think, we had more, particularly collards — a species of 
 cabbage growing in the south ; and later in the season we got, occasionally, 
 sweet potatoes ; they were not furnished to all alike ; gangrene and surgical 
 wards received more vegetables than medical wards, that is at one time ; the 
 wheat flour was received through Smith ; I have heard division surgeons, while 
 writing orders for special diet, say to him something to this effect : " I have a 
 few men that must have it, and you must respect my orders ;" the reason why 
 he told him he must respect his orders was because there had been orders 
 issued from headquarters to the effect that only the worst cases could obtain it 
 at times when it was scarce. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 At the dispensary, which was a small log building, there was also another 
 small building, and in that there were supplies, I think, which I was told came 
 from Richmond, from our lines. I can enumerate some of the articles : there 
 was dry beef — perhaps two or three hundred pounds ; Bologua sausages, and 
 some such articles of diet. I think I never saw any clothing there. I have 
 seen once, when visiting the depot, boxes marked to different soldiers ; hut I 
 do not know what became of them. Nobody in my ward got any matter of 
 clothing. Once or twice a small piece of dry beef was brought in there, but 
 not enough to allow each man half an ounce of it. I do not know who used 
 the dry beef and Bologna sausages. I suppose it should have been for the use 
 of the men in the hospital. I never received it in my ward but once or twice, 
 and did not see it in the hospital. I have asked the confederate hospital stew- 
 ard several times for it. I think I got some once. I do not recollect the exact 
 words of his reply to me. My request was not granted. It strikes me that 
 his reason for the refusal was that he had no authority to give it without higher 
 permission, but I am not positive about it. I do not know that Captain Wirz 
 gave an order himself to turn these supplies over to the hospital — I know that 
 we did not receive them in the hospital. 
 
 VACCINATION OP THE PRISONERS. 
 
 I have treated syphilitic diseases in both stages — primary and secondary. 
 You may see secondary developed years after primary. Sometimes it may 
 ^dvance from one stage to the other more rapidly in one patient than in another. 
 \^here were no cases under my treatment at the hospital except of those vac- 
 cine sores. I think I saw one other case under the treatment of another phy- 
 sician, but I did not treat it ; that was primary syphilis. I do not remember 
 any case of secondary syphilis outside of those cases of vaccine sores, which 
 it is my opinion were of that class. I am considered an expert, I think, in 
 
TRIAL OP HENRY WIRZ. 55 
 
 the treatment of secondary syphilis, by people I have treated. I call myself 
 good in that respect. Syphilitic disease does not always make its appearance 
 in the same part of the body, or in the same manner ; but usually its effects 
 will be noticed on the skin. It usually manifests itself in the form of ulcers ; 
 sometimes in eruptions of the skin, sometimes in the throat. It shows itself in 
 different forms. On a larger portion of the prisoners whom I saw affected with 
 that disease, it manifested itself on the arms and under the arms ; a great many 
 on the arms, from the effects of which amputations became necessary ; and 
 many of the patients died from exhaustion. It was usually on the arm that 
 "was vaccinated on which the disease would show itself — always, I think, in 
 the cases which I saw. It usually showed itself in the form of a large ulcer, 
 sometimes half as large as my hand, and I have seen them so large that they 
 would probably cover the space of my hand ; some were very large. I am 
 not prepared to speak positively as to whether there can be any external mani- 
 festation of a syphilitic disease of a secondary nature, until the poison has 
 been some time in the constitution. I did not see any men vaccinated there. 
 1 treated the vaccine sores of persons who had been vaccinated. I do not 
 know of my own knowledge who vaccinated those men. I do not know 
 whether Captain Wirz did it, nor have I any reason to suppose that he did. I 
 have reason to think that some surgeon did it. '^ 
 
 THE SUPPLY OF MEDICINKS. 
 
 When we made requisitions, we got sometimes tonics and sometimes opiates, 
 but in very small quantities, (three-fourths of the time we were without opi- 
 ates,) and products of an indigenous nature, such as white-oak bark, and such 
 things as we could get there. Sometimes we got small quantities of drugs. 
 We never got a solution of corrosive sublimate. I do not think the article was 
 there. Once or twice we got a little lime-water, for a cooling wash. I treated 
 those cases of vaccine sores with lime-water, partly. We never got any 
 brandy. I did not get any blue ointment — I do not remember that I did — we 
 ha,d no special use for it in my ward. I think I have seen a small quantity of 
 borax issued. I got aqua fortis, but in very small quantities. I have made 
 requisitions for it in the treatment of gangrene. I have seen aromatic sulphu- 
 ric acid there. I do not remember that I got any calomel. I do not remember 
 that I saw any others get these medicines. I think I have got blue pills in 
 small quantities, but not very often. I do not know whether they could have 
 been obtained in large quantities or very often. I do not know what their 
 facilities for manufacturing were. We did not get any mercurial medicines in 
 any quantities. Blue pills are considered as mercurial. I did not have 
 much occasion for their use : the patients were depleted enough without 
 adopting mercurial treatment. More tonics were what we needed. I do not 
 remember ever seeing any yellow dock or anything of that kind. I 
 have seen very small quantities of carbonate of ammonia — a very excel- 
 lent remedy. We did not get any oranges or lemons, nor pine-apples. 
 We got iodine and iodide of potash, in very small quantities. I do not 
 know whether it was scarce — I made requisitions many times when I 
 did not get it. Sometimes I got it in very small qunntities. I got very few 
 escharotic medicines or things coming under that head. I think I have seen 
 some white vitriol there — I could not state as to the quantity. We use alter- 
 atives for secondary and primary syphilis. I suppose almost every surgeon 
 has his own private opinion as to specifics. Books recognize mercurial prep-, 
 arations as a specific for syphilis. I could not treat the syphilitic diseases there 
 properly without those medicines. With the troubles under which we labored, 
 we could not expect to save the lives of the Union prisoners who were affected 
 with those diseases. The matter of diet would perhaps have something to do 
 
56 TKIAL OF HENRY WIEZ. 
 
 with saving their lives, A proper diet would have great eflfect in connection 
 with the remedies. In the condition in which the patients were, lying in the 
 dirt, and with the diet they had, the chances of saving their lives were, of 
 course, greatly against them. I do not think I could have obtained any whfeat 
 flour, to make poultices, or anything of the kind. I never did obtain any 
 wheat flour to make bread, out of which to make poultices, the supply was so 
 limited. 1 do not think I could have done it to any great extent. Wheat 
 poultice, or wheat bread poultice, may be termed a specific in syphilitic diseases, 
 in one sense of the word. It is so regarded professionally, but it is not very 
 well adapted generally to that class of diseases — not so well as caustics, lime- 
 water, &c. 1 should not use it so much. Aromatic sulphuric vitriol is not 
 used in those cases. Vitriol is not usually used in those cases ; that is, the oil 
 of vitriol. In venereal diseases we use the sulphate of zinc, which is white 
 vitriol. That is sometimes used, but not usually in syphilitic diseases. Elixir 
 of vitriol may be used as a tonic in secondary syphilis. In secondary syphilis, 
 where there is occasion for tonics, it might be used. I do not think it is, gen- 
 erally. Elixir vitriol is a tonic. It has another quality — it would have some 
 effect on the secretions. It is aromatic sulphuric acid — sulphuric acid diluted 
 with aromatic tinctures — cinnamon and a certain class of aromatics. I do not 
 remember the exact description. It is composed of more than one ingre- 
 dient ; you might perhaps call it a compound. It is used in fevers, in scurvy, 
 in an enemic condition as a tonic. It is also used sometimes in remittent and 
 intermittent fevers, in combination with quinine. It has been sometimes used, 
 I think, in syphilitic diseases of a secondary nature, but not generally. Some- 
 times there was plenty of quinine there, for the time being, and then again 
 there was none. I could generally get it in small quantities — not sufficient to 
 supply the demand. I never have used it particularly as a remedy in syphilitic 
 diseases. When mixed with vitriol, it would depend on the quantity adminis- 
 tered whether it would be adapted to a weak state of the digestive organs. 
 We would have to judge according to the patient's strength and enemic condi- 
 tion. I should think it might be used with good effect. Quinine used with 
 elixir vitriol is not generally used in syphilitie diseases, I think. It may have 
 been used, but not as a general practice. I should think it would be good for a 
 weak state of the digestive organs — I should think it might be used to advan- 
 tage. I have used it in that way there. As I said before, the supply was 
 limited, small. I had gum-arabic there sometimes ; as a general thing I could 
 not obtain it in quantities sufficient to use it as a nutriment. It was like the 
 other remedies — sometimes we had a supply, and at other times not. Generally 
 they had it in small quantities. I was constantly met with the difficulty that 
 I could not deal out to my patients what thej"^ required. We did not have the 
 remedies. 
 
 THE POSSIBILITY OF MAKING SHELTER FOR THE PRISONERS, 
 
 ^ Timber could have been got for the shelter of the prisoners — some of it in the 
 form of logs, and some of it was standing ; the prisoners could not get it without 
 a pass or permit to go out to cut timber. During the months of June, July 
 and August I think there were no boards of any account ; there might have 
 been a very few, not in sufficient quantities to have had them for a cover. I 
 saw boards, but not sufficient to answer for covering for the whole at any other 
 time ; if it was not used for covering it could have been used for bunks ; it would 
 not have accommodated all with bunks ; I should say, in the month of September, 
 perhaps two-thirds ; during June and July there was plenty of timber within ten 
 rods of the gate of the hospital ; a portion of it was cut down and a portion of it was 
 standing; Ido not call the portion that was standng" logs" ; they were trees which 
 could have been converted into shelter very easily by our own soldifers if they had 
 
TRIAL OF HENRY WIRZ. 57 
 
 been permitted ; they offered to do it ; I do not think they could have gone into those 
 wooda and cut the trees ; they had nothing to cut them with. Those trees would 
 have made boards to cover them ; they could have split that timber and made a 
 species of shingles or slabs that would have made a very good shelter ; they 
 could have done so if they had had axes or things to do it with ; I never saw 
 any saw-mill there; there was a sufficient quantity of water in a brook that 
 went south, as I would call it, from the hospital, but it would be difficult to get 
 a fall of water sufficient there to carry on a saw-mill. A limited number of our 
 prisoners could have been allowed to go into the woods to cut wood — twenty a 
 day ; they would not have run off if they had been under guard ; men might 
 have been detailed to guard them ; most likely they would have been shot if 
 they had attempted to run off. I applied for boards to Dr. White ; I made ap- 
 plication when I first went there and at different times afterwards; it was a ver- 
 bal application made to Dr. White in the hospital, to no one else ; I did not get 
 the boards ; I made application at different times ; the first time I think was in 
 the fore part of June, and I made application very often afterwards ; when I 
 met him in the hospital I would give him a statement of the condition of my 
 men and ask him for boards, and -whether there was any way in which I could 
 get them ; I never got them in any quantity until the latter portion of the time 
 I was there ; when I first went there there was timber within ten rods of the 
 hospital ; at one end of the hospital was a swamp ; the trees that were within 
 ten rods of the hospital were a foot and a half or two feet in diameter, perhaps ^ 
 some larger. 
 
 By the Court : 
 I judge there may have been from three to five thousand men of the rebel 
 force at Andersonville when I was there ; they obtained fuel from the timbered 
 land ; I have often seen them drawing it ; they did not cut it themselves ; it 
 was cut by the colored men who were there, sufficient for their purpose ; I think 
 there were axes there sufficient to supply that garrison with fuel ; the federal 
 prisoners had no means of cutting wood to my knowledge ; I should judge there 
 was a sufficient number of axes there to enable them to provide themselves 
 with wood for fuel or for shelter, f5rom the fact of my having seen from one to 
 two hundred men cutting trees in all directions at the time of the expected raid 
 of Kilpatrick ; there were axes enough to cut down acres there at that time ; I 
 think there was garrison enough there to furnish a guard for one, two, three or 
 four hundred of our prisoners if permitted to go out and cut fuel for themselves, 
 the rest of the men being in the stockade ; it is my judgment that a detail could 
 have been sent out every day to provide fuel sufficient for their owii purposes. 
 
 By Counsel for accused : 
 I should judge there were from three to five thousand confederate soldiers 
 there while I was there ; I can mention some of the regiments ; at different 
 periods there were anywhere from fifteen to thirty thousand Union prisoners 
 there ; I should judge that that guard could hare been detailed while there were 
 thirty thousand prisoners there. 
 
 CONDITON OF THE WATER. 
 
 I think the second cook-house that was built was much larger than the other, 
 (witness illustrates its position on the diagram;) when I went there at first all 
 the rations were cooked at No. 1 ; they were cooked there in June, July and 
 August ; after that there was nothing but bread baked there ; when I first went 
 there I should judge there were from fifteen to twenty thousand prisoners there ; 
 I was many times at the bakehouse; I first went through it in June, 1864 ; I 
 think the man who had charge of it at that time was a Baltimore man of the 
 name of Duncan or some such name ; I do not know how many men he had 
 
58 
 
 TEIAL OP HENRY WIRZ. 
 
 under him ; he had all that could work conveniently in the bakehouse ; they 
 were Union prisoners most of them, perhaps all, with the exception of this one 
 man; I did not say that men could not live there; I said that men could not 
 live there and enjoy good health, no matter what provisions they had ; some of 
 the men who lived there were out of health ; that was the occasion of my going 
 there to visit some of them ; I think there was more sickness there than would 
 be usually in such places ; for that place the men were perhaps generally in fair 
 health, but men in another climate would be more healthy ; some of them were 
 healthy and some were very sick ; the majority of them were generally healthy; 
 they had shanties back from the bakehouse some distance on the side of the 
 hill ; many of them roomed there, and I do not know but that all of them did ; 
 I may have seen a bunk or two at the bakery ; I found one sick man there, but 
 I usually found sick men in their little shelter ; they were suffering with chronic 
 diarrhoea and scurvy ; the water from that bakery must have run through the 
 prison ; I never drank any of the water from the stream at the bakery ; I have 
 drank water at the bakery that was got from the spring on the side of the hill ; 
 it was there that the boys got their water for drinking purposes ; t have seen 
 the spring ; I did not see the water that I drank brought from it ; I have seen 
 them bring water from the spring, and they told me it came from the spring ; it 
 was good water for that country ; I have seen two or three wells up near the 
 encampment, and also one or two good springs some distance up, on the right 
 of the stream, near another encampment; I should judge these springs would 
 supply a good number of men with water for drinking purposes ; they did not 
 appear to supply water for all purposes of the encampment, as the men were 
 often seen washing their clothes in the stream that runs through the bakery ; I 
 should say the men at the bakery were not under immediate guard ; I have seen 
 one or two of our men out under guard once or twice for th« purpose of getting 
 wood ; I have seen them out at different times a short distance to get what was 
 necessary, but not enough to say "often" ; I know that tlie men were prevented 
 from going out of the hospital under guard ; I do not know how it was at the 
 stockade ; there was no place to get water near the hospital only this brook ; I 
 have been prevented from going out ; I do not recollect that I ever went out for 
 water ; I do not know of any person having been prevented directly by Captain 
 Wirz from going for water under guard. 
 
 THE STOPPAGE OF RATIONS. 
 
 \ At one time the prisoners were without rations in the stockade for 24 hours,.oa ac- 
 count of some men who had been trying to tunnel out, to undermine the stockade ; 
 I understood that was inflicted as a punishment. I suppose it is a rule that 
 prisoners may be confined in dungeons, or in solitary confinement, for attempting 
 to escape, but I did not suppose it to be the rule before, that thirty thousand 
 men should be punished on account of half a dozen ; I suppose that half a dozen 
 might have escaped without the thirty thousand availing themselves of the priv- 
 ilege ; I do not suppose that twenty-nine thousand would remain there after one 
 thousand had escaped if they could get away ; I should judge the cutting off of 
 rations was a police regulation, but they were punishing the innocent as well as 
 the guilty. 
 
 THE PRISONERS PREVENTED FROM BUYING VEGETABLES. 
 
 ' Q. Did you ever know Captain Wiiz to prevent any man from getting any- 
 thing that was within his reach which the man was allowed to have ? 
 
 A. There was nothing within reach inside of the stockade ; ifa man went 
 outside the hospital, and came to where they were selling peaches or fruit to 
 confederate soldiers, he was not allowed to buy it. 
 
 Q. Did Captain Wirz directly prevent him ? 
 
TRIAL OP HENRY WIRZ. 59 
 
 A. The guard prevented him. 
 
 Q. Then you never knew of Captain Wirz preventing any one from doing any 
 of the things 1 have mentioned, getting water or buying peaches ? 
 
 A. I remember the guard doing it, but I do not recollect Captain Wirz doing 
 it personally. 
 
 HOW THE PRISOXEBS WERE GUARDED. 
 
 By the Court : 
 
 The prisoners in the stockade were guarded by sentries placed in boxes on the 
 top of the stockade when I went there ; there was also a reserve guard, perhaps 
 not on duty at the moment, but ready for duty at different places along ; the 
 sentries were stationed in sentinel boxes ; afterwards there was what we termed 
 an outer and inner stockade erected around the whole place ; there were two 
 forts, I think, one on the left and the other on the north side ; also a breastwork. 
 The guards in the sentry boxes could look over the whole field and see things 
 that were going on inside ; I think they could detect anything unusual that 
 might be going on. 
 
 SHOOTING OF PRISONERS BY THE GUARD. 
 
 By Counsel for the accused : 
 I think it is the usual custom in our army, as well as others, to shoot pris- 
 oners when they attempt to run away ; I did not see any shot when they at- 
 tempted to run away ; I never was in any of our prisons, and can only speak aa 
 to prisoners being shot for looking out of the windows, from hearsay ; I should 
 expect that a soldier would be shot for attempting to run the guard ; it would 
 not have been more strange if they were shot theie than in our lines, if they 
 had been shot while in the act of running away ; some were shot there that 
 were not caught in the act ; there was one case, I cannot give the name of the 
 man ; he belonged to my ward ; one evening he was cold and went toward the 
 fire; the guard was outside of the board fence, and inside, near the fence, there 
 was. a row of fires ; the man came up toward the fire, perhaps not ten feet from 
 the fence ; a soldier pointed his gun through the fence r-nd shot him; I do not 
 know what he shot him for ; there was no perceptible cause ; it did not appear 
 so to me ; there were no words or quarrel between them ; I have every reason 
 to believe the shooting was intentional ; I know of no reason for it unless it was 
 because he was going to the fire ; that was his only offence ; my reason for sup- 
 posing the man was shot intentionally is from the fact that a guard on duty gen- 
 erally carries his gun up, and in order to shoot the man, the guard must point 
 his gun midway through the fence ; it appeared to me that the shooting could 
 not have been accidental ; I do not know but that is the only reason ; I do not 
 remember seeing any of the guards sitting down with their guns resting on their 
 arms, while on duty ; I think this occurred in August ; I do not know that Cap- 
 tain Wirz had anything to do with the shooting of that man directly ; I could 
 not swear positively that I saw any other soldier shot. 
 
 THE ORDER OF WIRZ TO FIRE THE ARTILLERY UPON THE PRISONERS IF THEY 
 
 HUDDLED TCIGETHER. 
 
 I think it was in September when Captain Wirz ordered the prisoners to be 
 fired upon. I cannot give the exact date ; it was somewhere near the time 
 Sherman took Atlanta. The orders which he gave were to the effect that if 
 the prisoners huddled together at a certain point, to fire. I heard those orders 
 given. He gave them to the gunner — to the man in command of the battery. 
 1 took it that he spoke to the gunner. If I remember rightly, it was a 10-pound 
 rifled piece. There was more than one gun there ; I don't remember rightly 
 how many. He gave a special order to his gunner ; he was standing by his 
 
60 TEIAL OF HENRY WIRZ. 
 
 gun ; I cannot give the exact distance ; I should say it was from 300 to 400 
 rods from the centre of the prison to that point ; I think it was down here near 
 the front gate. (Witness here pointed out the position on the diagram.) I did 
 not take it as a general order, but as an order to that gunner. I cannot give 
 the exact date ; it was when they were removing the prisoners from the stock- 
 ade to other places in the south. The fort was manned at that time. I cannot 
 tell how many men were in it at that time ; there may have been twenty, or there 
 may have been two hundred, for aught I know. I saw what I supposed to be 
 officers there; I took them to be first lieutenants. I do not recollect seeing any 
 general there that day. I do not recollect seeing General Winder standing by 
 that gun ; I am not sure as to that point ; I think he might have been there with- 
 out my knowing it. I knew him at that time as the man pointed out to me as 
 General Winder. I never spoke with him. I judged that Captain Wirz was in 
 command there, from his actions. I do not remember that he referred to any other 
 officer at that time. I was there only a short time. I was not in any other fort 
 that day. I was not in that fort ; I was just outside, about the dispensary; per- 
 haps twenty feet from the end of the fortification. There was a column drawn 
 up in line of battle on the north side of the stockade, in companies, a distance 
 from each other ; they were not the guard that were on duty. The sentinels 
 were at their posts. I saw companies scattered around generally. I do not 
 know whether all the other forts were in immediate preparation for attack or 
 defence, only judging from appearances. I merely spoke of those companies 
 being drawn up. I took them to be in line of battle. They were under arms. 
 I think that they were more watchful, of course, at that time than they had 
 been previously. They were better prepared, to all appearances. I should 
 judge the troops were on active duty ; as far as I could see, that was the con- 
 dition of the whole post at that time. They were expecting General Kilpatrick; 
 at least I supposed they were. I do not recollect that I heard Captain Wirz 
 order that gun to be fired on prisoners at any other time. I heard him say 
 once to a guard that if the Yanks undertook to escape, he was to shoot them. 
 I heard these two conditional orders ; I do not recollect any other. The order 
 to fire on the prisoners if they were escaping was not the only order I ever 
 heard. They were to be fired upon if they huddled together inside the stock- 
 ade. That was the order to the battery. I think those two are the only orders 
 I heard; one as to the 10-pound gun, and the other as to prisoners escaping. 
 I do not know in what capacity Captain Wirz gave those orders, except it was 
 as commander of the post or of the prison. 
 
 THE DOGS. 
 
 I saw the dogs while I was there ; they were a species of hound — not the 
 full-blooded hound — a mixture. They were of different colors ; white, and 
 yellow, and spotted. They had also one large dog, which, I think, they called 
 "catch-dog;" I think he was a bull-dog, or a bull-terrier of some kind. I 
 could not say positively whether either of them was a dark brown dog. I re- 
 member there were some spotted ones. I know what is usually termed a fox- 
 hound. I am not a judge as to whether any of those dogs were fox-hounds, or 
 partaking of that breed ; I cannot say. I do not know that they were blood- 
 hounds. I do not know that I ever saw a full-blooded bloodhound. I have 
 seen- five or six dogs there together. I do not know the exact number there 
 was there. They appeared to be in the charge of a man named Turner ; he 
 had a horn to direct or train them. 1 do not know how long they had been 
 there. 1 did not see them when I first went there. I first saw them, I think, 
 in June. I heard before that of their being there. I saw them quite a number 
 of times; I do not know how many. I have seen them very often taken around 
 the hospital, where some Union prisoner had made his escape. I cannot say 
 
TRIAL OP HENRY WIRZ. 61 
 
 that I have at any time seen Captain Wirz direct those dogs. I judged that 
 Turner managed them. There 'were no written or printed orders in relation ta 
 the dogs that I know of. 
 
 MEN MANGLED BY THE DOGS. 
 
 I spoke of a man being chased by the hounds. I knew that he was chased 
 by them from the wounds he received, and from his own words. I am not able 
 to say, positively, that I saw them chase that man ; but I have seen them chase 
 others. The only means I have of knowing that that man was chased by the 
 dogs, is from his wounds and his own words. I don't remember the names of 
 any of the men who died from wounds inflicted by the dogs, or from ferocious 
 and inhuman treatment. I remember men dying there, but I cannot give their, 
 names. The only case of death from personal violence, that I remember, (if 
 you call that personal violence,) is the man who was bitten in the neck ; he died 
 from gangrene. / 
 
 THE ILLNESS OF WIRZ WHILE IN COMMAND OF THE PRISON. 
 
 On the 7th of September, I think, I went to Captain Wirz's office to get my 
 pass renewed ; he renewed it. I was in the office many times. My object in get- 
 ting the pass renewed was that I might pass in and out of the hospital at certain 
 hours. I think it was the 7th of September I received that pass from Captain 
 Wirz, with his signature to it ; I will not be positive about the date. I do not 
 recollect having any personal interview with Captain Wirz from the middle of 
 July to the middle of September — I think about the 7th, but I will not be posi- 
 tive. I heard of Captain Wirz being sick while I was there ; I do not know 
 it of my own knowledge. He was complaining when I got that pass. I should 
 judge he was not very strong at that time ; he looked worn and thin — rather 
 emaciated. I would not be able to judge how long he had been sick. 
 
 PROFESSIONAL OPINION OF DR. BARROWS AS TO THE PERCENTAGE OF LIVES 
 THAT MIGHT HAVE BEEN SAVED BY PROPER TREATMENT. 
 
 By the Court : 
 
 Q. Are you prepared to give professional opinion as to the percentage of 
 deaths that might have been averted by proper treatment ? 
 
 A. I have talked that matter over frequently, while there, and since. It has 
 been my honest opinion that, had we had proper food, clothing, quarters, and 
 everything necessary to the sanitary condition of men, probably from seventy- 
 five to eighty per cent, might have been saved under favorable circumstances. ■ 
 
 August 26, 18C5. 
 
 Robert K. Kellogg, for the prosecution : 
 
 I was at Andersonville, Georgia ; I entered there on the 3d day of May, 1864, 
 and left there on the 10th of September of the same year ; I went with a body 
 of prisoners ; I think there were some four hundred of us ; I was taken from 
 Plymouth, North Carolina, to Andersonville by railroad. 
 
 CONDITION of the PRISONERS IN THE STOCKADE. 
 
 We entered the prison on the 3d of May, 1864 ; we were the first captures of 
 the campaign. When we entered the prison there were no men there but old 
 prisoners who had been removed from Belle Island, Libby prison, and other 
 places to that point. They were ragged, nearly destitute of clothing, and many \ 
 of them were nearly naked ; they were totally unprovided with shelter, with 
 the exception of that which tattered blankets could afibrd them. They looked 
 nearly starved ; they were skeletons covered with skin. The prison at that 
 
62 TEIAL OF HENRY WIRZ. 
 
 time was very crowded, at least it appeared so to us then, although there were 
 thousands brought there after that. We were all led in by a rebel sergeant and 
 showed a place near the brook, which we were told would be our place, and 
 where we -were to stay ; we were to fall in there every morning for roll-call. 
 flPhere was no shelter provided for us at that time, or at any other time while 
 'we were in the prison. We were fortunate enough to be allowed to retain our 
 blankets, and with them we erected shelters which protected us from the heat 
 of the sun, but not from the rain. They did protect us from the rain for a few 
 days, but soon they become so worn as to be utterly useless against the rain. 
 The men were in a very filthy condition ; indeed they had very poor opportu- 
 nities for keeping clean. There were but two issues of soap made to the prison 
 while I was there, from May to September, and men who were cooking over 
 their little fires with pitch-pine knots would get smoky and dirty and would not 
 be able to get off the dirt with mere water. When we first went there the 
 nights were very cold indeed ; that soon passed away as the season advanced, 
 and during the summer it was intensely hot. I made a memoranda of the rainy 
 days while there. There were twenty-one rainy days in the month of June. 
 When my regiment went there the men were healthy ; after that they grad- 
 ually sickened, until I remember one morning at roll-call, out of my ninety 
 men there were thirty-two who were not able to stand up when the rebel sergeant 
 came to call the roll. They were unable to stand up principally from scurvy 
 and diarrhoea ; were a great many of the men who had their limbs contracted 
 and swollen so that they couldn't stand-up. It was on the 21st of August, and 
 we got there on the 3d of May. A number of the men of my squad of ninety 
 had died at that time, but the vacancies had been filled by new arrivals. ' Of 
 the four hundred men captured with me, nearly three hundred are dead. They 
 died in the prison or a few days after being paroled ; and that is a larger per- 
 centage of living than there was in many a regiment. The twenty-fourth New 
 York battery, which was captured at Plymouth, was nearly annihilated. I 
 have seen Captain Wirz in the prison frequently. He usually came in more 
 often than otherwise mounted on horseback. He would ride inside the dead 
 line and examine the prison. I never heard him give any orders. I cannot 
 say that I ever saw him perpetrate any acts of cruelty on the men — not to my 
 personal observation. I was in the stockade all the time ; I did not go out of 
 it with the exception of few times for wood. 
 
 U' 
 
 SHOOTING OF PRISONERS BY THE GUARD. 
 
 I recollect the dead line there. I do not know what the orders were in rela- 
 tion to' it, but I know that the effect of trespassing upon it was death. I have 
 seen the penalty enforced — I have seen sentries shoot. I cannot say that I saw 
 men die from gunshot wounds by sentries there. I saw a man who had been 
 shot. He was not dead then. I do not know that he died. I do not know in 
 what part of the body he was shot. I saw him carried on a stretcher to the 
 hospital. He was a cripple, or one-legged man. I heard the report of a gun. 
 'It was near the entrance-gate to the prison. I went up there, and I saw the 
 man being carried to a ward in the hospital, which was then inside the prison. 
 It had not been removed outside then. There were other cases of shooting by 
 sentinels. I came near being shot myself once. I have seen sentinels shoot at 
 other times than the time I have spoken of. It was the second day after my 
 entering the prison — the 5tli of May. Some men had escaped from the prison 
 the night previous, by means of a tunnel, and the orders that morning, at roll- 
 call, were very strict indeed. They tried to ascertain from what squad the men 
 had gone. We understood the order to be, that no one should cross the 
 swamp. I understood the orders to be, that if any one crossed from one side 
 of the prison to the other, across the swamp, he would be shot. My squad had 
 
TEIAL OF HENRY WIRZ. 63 
 
 Lad its place assigned to it by the side of the brook, and but a few feet from it. 
 I thought that it would be no violation of the order to step to the side of the 
 brook, and wash my hands. I did so. I sat by the side of the brook, and sud- 
 denly the boys gave a cry of warning, and I heard a gun snap. I looked up, 
 and saw that the sentinel on the stockade had leveled his piece at me, and fired; 
 but the piece had missed. I immediately got away from that vicinity. I was 
 not fired at on any other occasion. I never heard any threats made to shoot 
 men. I have seen sentries fire from the sentry posts at men. I have seen them 
 firing at men who were dipping water out of the brook, just under the " dead 
 line." 1 remember, one afternoon, seeing a sentry fire his piece at a man in 
 that way. I do not recollect whether the man was killed or not that day. I 
 could not swear that anybody was hit that day. Shooting by sentries was a 
 frequent occurrence ; so that, after a while, we did not notice it so much as we 
 did when we first went there. 
 
 THE SUPPLY OF WOOD. 
 
 Our supply of fuel was not regular, nor sufficient. We were allowed, several 
 times, to go out under guards — six men from a squad of ninety, or eighteen men 
 from a detachment of two hundred and seventy — to bring in what we could find 
 in the woods, on our shoulders ; but the quarter part of the time we had to rely 
 upon our supply of roots, which we dug out of the ground, or grubbed for in the 
 swamp — pitch-pine roots. I mean the swamp in the stockade. We dried them, 
 and made fuel of them. Part of the time rations were issued raw, and part not ; 
 many times when there were raw rations issued ^ there was not fuel issued for 
 them. The squad of ninety men of which I was sergeant went from the 30th 
 of June to the 30th of August without any issue of wood from the authorities. 
 
 CONDITION OF THE WATER. 
 
 The most of the men had to depend on the brook for their water, and that, at 
 many times, was exceedingly filthy. I have seen it completely covered, almost, 
 with floating grease, and dirt, and offal. I have gone in barefoot, when it was 
 so dirty that 1 had to go out, as I was getting all over with grease and filth. It 
 was net always so, but very frequently so. They had to depend on the stream 
 for water, because it was all they iiad, except tbat, after they had been there 
 some time, they dug some wells ; and there were some springs along the south 
 side of the prison, by the edge of the hill, near the swamp, but the supply from 
 ;that source was entirely inadequate. It supplied the wants of a few. 
 
 THE RATIONS. 
 
 The quality of the rations, as a general thing, was poor. The quantity 
 ■greatly varied, so far as my observation went. There were days when we got 
 nothing at all. I made, a note of at least two such days, and have the dates 
 here. There were other days when we got but very little. There were other 
 •days when we got enough, such as it was. There seemed to be, somehow, great 
 irregularity in the rations. I do not know how to account for it. 
 
 Cross-examined by Counsel : 
 I enlisted August 11, 1862, and was mustered out June 1, 1865; I was cap- 
 tured April 20, 1864 ; I was then taken directly to Andersonville ; I was not 
 at any other confederate prison before being at Andersonville, but I was after- 
 wards ; I knew nothing about prison life before I went there ; I was confined 
 at Charleston and Florence, S. C. ; I enlisted as a private and was mustered 
 out as a sergeant-major ; I was a sergeant-major at the time of my capture ; 
 no special privilege or favor was shown me at Andersonville in consequence of 
 any rank; I was treated in all respects the same as other prisoners; 1 do not 
 
64 TRIAL 0^ HENEY WIEZ. 
 
 know that any one had any favor shown him in consequence of his rank; rank 
 was not respected there ; they were all generally treated alike, so far as I saw. 
 
 CONDITIOrf OF THE PRISOMERS IN THE STOCKADE. 
 
 I was in the stockadeall the time I was confined there, with the exception 
 of a few times, when I went out imder guard after wood, or something of that 
 sort; my squad was on the south side of the stockade, by the edge of the 
 brook. (Witness here indicated the locality on the diagram.) That is the 
 place on the southwest end of the stockade ; I don't know that my position 
 was less healthy than the position of other prisoners ; the men in the squads at 
 the top of the hill appeared to die as fast as the men at the bottom. It would 
 seem to be reasonable that those furthest removed from the swamp would be 
 healthier. The soil differed in different parts of the prison. On the south hill 
 side the soil was sandy ; we could not tunnel there, as the tunnels would cave 
 in. On the north side of the prison it was hard, red earth. If there had been 
 no body of troops or cattle or anything of that kind to trample it, the soil 
 would have been the ordinary soft sandy southern soil, with the exception of 
 the swamp in the centre of the prison ; the swamp occupied four or five acres ; 
 I don't know how many acres the whole prison occupied, but I should think 
 about sixteen or seventeen acres, that is before it was enlarged ; I think the 
 swamp was about the fifth part of the whole ; the swamp ground was not oc- 
 cupied at all ; they could not live on it ; there was a sort of island on one end 
 of it where a few men staid, but the prisoners could not live in swamp or 
 mire up to the neck ; our prisoners were turned into the stockade and left in a 
 great measure to shift for themselves ; they could not occupy the swamp 
 ground ; the prisoners were allowed to go to any portion of the stockade except 
 the dead-line ; the prisoners on the south side could go clear over to the north 
 side, or east and west sides ; my squad was ordered by the sergeant, or what- 
 ever his rank was, who put us in tliere, to stay in that place ; that was where 
 we were to fall in at roll-call every morning, and where we were to live; I can- 
 not say that it was for any other purpose than simply as a mere regulation, to 
 have us in some kind of order when we fell in ; the prison was very much 
 crowded, and that seemed to be an available spot at that time ; I know of no 
 • other reason for putting us in that particular place; of coarse I did not know 
 their reasons for putting us there ; I do not know anything as to how that 
 stockade came to be built around the prison ; I do not know how the dead-liae 
 came to be made just inside the stockade; I know that it was made; it was 
 made before I went there ; I do not know anything about, or by whom, or when 
 it was made ; I do not know anything about the condition of these prisoners 
 when they came from Belle island ; I was not there when they came ; I think 
 I have seen some come there from Belle island, but will not be positive ; \, 
 have seen them come from Danville; they were about on a par with the olsil 
 prisoners, but in a much worse condition than the new arrivals ; I saw sevAr^U 
 hundred who had come from Danville; in some instances they had tjiBir.- 
 blankets and other qlothing with them; they seemed to be a little betteft- pf.o- . 
 vided than the old prisoners whom we found there when we went tjii^rfi,; If 
 think they were stouter ; I did not see these blankets taken from th^m,; the- 
 Plymouth garrison were allowed their blankets by General Ilogc; ItUfiver saw- 
 a prisoner have his blanket taken from him by Captain "Wirz ; I have, seen hun- . 
 di-eds coming in robbed of their blankets and everything else! and ha,ve heard , 
 their statements ; I never saw Captain Wirz take a blanket from, any one— it ■, 
 wis done outside ; I never heard him order a blanket to be t^l^en"a\ray from , 
 (any one; I never saw or heard Captain Wirz take or order tq be ta,kea from.i 
 any prisoner, anything that contributed to his health or com^prt ; I did .stat« 
 that there were twenty-one days more or less rainy in -Jiiue— l^ys ,oi) ivhipbii 
 
TRIAL OF HENEY WIEZ. 65 
 
 rain fell ; I was then within the stockade ; the rain did not improve the condi- 
 tion of the stockade — it made it very muddy and filthy ; it was in a worse con- 
 dition than ground like that would have been in ordinary camp anywhere, in 
 field service ; it was filthier and muddier — there was not good drainage there ; 
 it was very much worse than it was in dry weather ; I think Captain Wirz 
 could have made some arrangement inside of the stockade, other than what was 
 made, in regard to the comfort and convenience and accommodation of the 
 prisoners ; I think there might have been police arrangements established that 
 would have kept the prison in much better order than it was ; there was no 
 guard duty done inside the stockade ; I cannot say who did the police duty 
 inside the stockade ; they were some of our own men. who acted as a sort of 
 police squad, but they were very inefficient; somebody was to blame for not see- 
 ing that those men did their duty ; I cannot tell who it was ; he ought to have 
 been severe upon them ; I am speaking in regard to the police force ; I do not 
 think that they did their duty, and I think that somebody ought to have made 
 them do it ; I don't know under whose charge they were ; with such rainy 
 weather no person could have been made comfortable with no blanket and with- 
 out shelter ; there were two days I remember when we got nothing to eat, the 
 3d of July and the 11th of August; I don't remember now the cause; I know 
 nothing about the transportation there ; I don't know that the reascn was the 
 insufiiciency of the transportation ; I don't know that Captain Wirz liad any- 
 thing to do with my not having anything to eat ; Captain Wirz one day did me 
 a kindness ; one day when I went out after wood I accidentally left my knife 
 in the woods, and I did not discover my loss till I got back to the prison ; I 
 hailed Captain Wirz, who was riding by, and he went back with me, and I found 
 my knife ; I considered that an act of kindness at the time, and I do now ; I 
 never knew anything about Captain Wirz refusing to do any act of kindness 
 that was asked of him by a soldier ; I never saw him commit any wilful or, 
 malicious acts towards our prisoners ; I had no dealings with him. 
 
 By the Court : 
 There was an opening in the old stockade of about ten feet wide ; it opened 
 into the enlargement. The rebel sergeant came in and gave the orders that all 
 the detachments above the number of forty-eight, I think, (which made about 
 13,000 men,) should get into that new part within an hour's time, or else their 
 bankets would be confiscated. 
 
 THE SUPPLY OF WOOD. 
 
 By Counsel : 
 I remember having permission four times to go out of the prison. I once 
 went to Captain Wirz's office, and I remember two other times when I went 
 after wood, and I think once more I may have been gone an hour and a half 
 or two hours, I think. I went out under guard to bring in wood. They 
 allowed six men to go from each squad of ninety, eighteen men from a detach- 
 ment. Captain Wirz never prevented me from going out at any time. We 
 could not go out in any way except with a squad. It was no use to make 
 application to go out alone. We did not make application to any one in par- 
 ticular when we wanted to go out with a squad ; we fell in with our proportion 
 of men. I think orders came from the sergeant at the gate that such and such 
 a detachment could send out men that afternoon for wood. They selected their 
 own men ; those that were stoutest, and could bring in most wood. I cannot 
 tell what the greatest number was that went out at any one time, and I do not 
 think I could make an estimate. I merely had to do with my own detachment 
 or squad. I gaw other squads go out but could not tell how many. We went 
 out in this way at different times when I was there ; at one time men took ad- 
 
1} 
 
 66 TRIAL OF HENRY WIEZ. 
 
 vantage of being out in the woods with the guards, and muzzled a,nd over- 
 powered them and made their escape. I think a man would rather die in that 
 way than die by inches in the stockade. It would have been safe to have sent 
 out many of our prisoners at a time if they had sent a large enough guard with 
 them. No man would have been such a fnol as not to avail himself of an op- 
 portunity to escape. It would not have been safe to have sent out many of our 
 men without a large guard. I should think that six men and a corporal, with 
 arms, ought to keep guard over twenty men. I cannot recollect in what months 
 I frequently saw these squads go out. I never knew of Captain Wirz pre- 
 venting a squad from going out after wood. After these attempts to escape the 
 prisoners were prevented from getting wood. 
 
 CONDITON OF THE WATER. 
 
 I have seen our prisoners inside washing in the brook ; I have washed there 
 myself daily. I cannot tell how many wells they had inside the stockade ; I 
 remember eight or nine, I think. The whole of the base of the south hill was 
 springy ; there were small springs all along the base of the hill, but they fur- 
 nished very little water. I heard Dr. Bates's description of a well the other 
 day. These nine wells were not like that — they had water in them ; the springs 
 had a little water in them. It is very hard work to dig wells with nothing but 
 spoons or half canteens. The soldiers dug the few wells that were in there ; 
 they dug them with spoons and pieces of plate or anything they could get hold 
 of. I speak of one well especially which was near me. We had to dig with 
 what things we had of our own ; in some cases the men borrowed a spade from 
 the police squad ; we got some made in that way. I saw a well dug in the 
 stockade ; we had a well right near my place ; we dug it, I think, with a tin 
 plate and half canteens ; we would take a canteen and split it in two. I have 
 seen other wells dug, but I do not remember with what they were dug. Late 
 in August, shortly before I came away, there were some spades that we could 
 have got, a few spades that sergeants of detachments could get. They were 
 for the purpose of covering up filth and cleaning up our quarters. The soldiers 
 never dug a well with them ; they could not have dug wells with them if they 
 had been disposed to do so, for they were needed for the uses I have stated all 
 the time. They had to be turned in at a particular time. I do not know that 
 any application was ever made for a spade with which to dig a well ; I do not 
 know of any application being made or refused. I have no reason to suppose 
 that Captain Wirz would refuse an application for a spade to dig a well with. 
 The ground inside the stockade sloped from both sides of the stockade down to 
 the centre, towards the swamp, making two hill-sides It was about level from 
 the upper side where the brook came in to the lower side ; it sloped just enough 
 to allow the water to flow through slowly. The water in the wells was very 
 fair. One great objection to digging wells was that we needed all the room to 
 live upon. We ought to have had more room. If there had been more wells 
 the prisoners would have been more crowded than they were ; a few more 
 might have been dug if we had had instruments with which to dig them. They 
 had the instruments at one time, the latter part of August, about the time I 
 came away. 
 
 August 28, 1865. 
 Thoiwas C. Alcoke, for the prosecution : 
 
 I have been in the military service of the United States ; I was captured by 
 the enemy at Tupelo, Mississippi, on Wolf river. I belonged to the seventy- 
 second Ohio infantry. I was taken to a prison at Holly Springs, Mississippi, 
 and from Holly Springs to Jackson, Mississippi. I was taken to Anderson- 
 ville ; I reached Andersonville some part of the summer of 1864 ; I cannot say 
 what time. 
 
TEIAL OP HENEY WIEZ 67 
 
 MONEY AND VALUABLES TAKEN FROM A PRtSONEE BY WIRZ. 
 
 When I arrived at Andersonville I was searched and my arms and money 
 taken from me ; Captain Wirz took them from me ; I know Captain Wirz. 
 [The prisoner, by direction of the court, stood up and was identified by the 
 witness.] He took from me a belt with $150 in gold, and the balance in green- 
 backs, amounting to $280 altogether. He also took from me my pocket-knife, 
 a breast-pin, and a gold ring ■ that I had in my pocket-book. He never re- 
 turned any of the property to me. 
 
 SHOOTING OF A PRISONER BY WIRZ. 
 
 One day there was a man sitting down, a kind of weakly man. Captain 
 Wirz passed in the stockade, when this man got up and asked him if he could 
 go out to get some fresh air. Captain Wirz asked him what he meant by that. 
 The poor fellow " wormed " around and said he wanted air. There was some- 
 thing said, when Captain Wirz wheeled again, pulled out a revolver and shot 
 him down. This was some part of the summer, two months after I got there. 
 The ball took effect in the breast ; he died in about two or three hours after- 
 wards. After that I was standing pretty close by ; I said something to Cap- 
 tain Wirz that he did not like ; he turned around and said I had better look 
 out or he would put me in the same place. I spoke in the way that I have, 
 saying that I was not a bit afraid of it. Pretty soon afterwards Captain Wirz 
 came in with a corporal and two guards and put me in irons. He kept a ball 
 and chain on me the whole time 1 was there. I kept working at the ball and 
 chain every day, and at last I got it so I could get it off, and I made my escape 
 from the prison. I went from the prison to St. Louis, from there to Memphis, 
 and from Memphis to my regiment. The man that was shot belonged to the 
 eighth Missouri ; they called him " Red " in the regiment ; I could not say 
 what his name was ; I knew him at Memphis ; I saw the man fall, and I saw 
 the boys look at him ; we all gathered around at the time I was teasing Wirz ; 
 I saw the man drop and he never got up any more. He lay there till the next 
 day ; some of the boys went to Captain Wirz and asked him if they could not 
 carry the body out ; he said they could. They carried him to the gate of the 
 stockade and he lay there till the next day. I saw the pistol in the bauds of 
 Captain Wi^rz ; I saw him pull it out ; they were about four and a half feet apart. 
 This occurred in February, I think ; February or June or along in there, 
 cannot say for certain in what month it was. 
 
 SHOOTING OF PRISONERS BY THE GUARD. 
 
 At one of the springs' where we used to get water we had a long pole to 
 reach over and get the water, as if we got over too far the guard-told us it was 
 their orders to shoot us. Once in a while the men vveie so thick that one would 
 be shoved over the mark, and as soon as he was the sentinel would shoot him 
 down. 
 
 Cross-examined by Counsel : 
 
 My home is in Cincinnati, Ohio. I was born and raised in Hamilton county ; 
 I left there to go into the service in 1861 ; I went into the seventy-second 
 Ohio. I remained in that regiment three years, including the time I was a 
 prisoner and the time I was in hospital. I was in prison between six or eight 
 or nine months, and in the hospital two months from the time I got shot. We 
 were captured at Tupelo, Miss., directly after the fight with Sturgis's raiders. 
 We were captured by some of the eighteenth Mississippi. They took me to Holly 
 Springs, from there to Jackson, and from there to Andersonville. They kept 
 me at Holly Springs three days, at Jackson two days, and then took me direct 
 to Andersonville. I had been in the service, about u year and five months 
 
68 TRIAL OF HENRY WIKZ. 
 
 when I was captured. I had not been at home at all ; I had been in active 
 service one year and five months at the time I was captured. 
 
 MONEY AND VALUABLES TAKEN FROM A PRISONER BY VVIRZ. 
 
 I got the $150 in gold at Jackson, Miss. I made a raid on it and captured 
 it, and Captain Wirz captured it from me. He had no right to. I took that 
 money from the root of a tree. That tree was in Jackson, Miss. It was not 
 in any particular yard ; outside of the yard, in the woods ; not exactly away 
 out in the woods ; about two hundred and fifty yards from the house. A negro 
 showed me whore it was and I dug it up. I do not know what the negro's 
 name was, or to whom the gold belonged. 1 never got any of my money 
 back ; he turned it over to Colonel Gibbs. I did not apply for it; I could not. 
 I made my escape from there and I did not want to go back and apply for it. 
 I had been there two or three months before I escaped — till I got the ball and 
 chain so that I could get it off. I do not know in what month I made my 
 escape — in some part of the summer. It was warm weather — hot. The first 
 place I stayed when I made my escape was in the woods, about twelve miles 
 off. In the morning I travelled about four miles. 
 
 SHOOTING OF A PRISONER BY WIRZ. 
 
 I had been in the stockade about two months before I saw this abuse by 
 Captain Wirz. It was pretty fair weather during those two months. It only 
 rained twice to my knowledge. It was mild summer weather. I cannot answer 
 what kind of weather they had for two months before February in any part of 
 the country, nor the kind of weather they have for two months before June. I 
 had seen Captain Wirz twelve or thirteen times before this assault. I have 
 seen him riding around on his horse, or walking around the prison. lie rode a 
 kind of roan horse, with long dark mane ; his tail was the same kind as his mane. 
 I cannot say, for certain, how many times I saw him riding that horse. I think 
 a hundred times — not before this assault; I saw him ten or twelve times before 
 this assault, I have seen him about four times before that assault without a 
 horse, walking around the prison and stockade. I was near enough for him to 
 rub up against me. I spoke to him and told him that I wanted to go to the 
 hospital. Ho asked me what the matter was with me. I told him that my eyes 
 were hurting me. They were affected with inflammation and cold. He let 
 me go to the hospital about four days afterwards, about the time it was too late; 
 my eyes did not get well in four days. I mean by saying that it was too late, 
 that my eyes got worse, and have been worse over since. I cannot tell the name 
 of the man I saw him assault. I saw the man before at Memphis. He was a 
 soldier in the eighth Missouri. I never saw him from the time I saw him at 
 Memphis, until I saw him inside the prison. I had not seen him for pretty 
 nearly a year before. [The diagram of the prison was here shown to 'the witness.] 
 I never saw that map before. It was on the north side, of the brook, where 
 Captain Wirz made that assault; [witness indicates locality on diagram;] about 
 five hundred yards from the brook, I reckon. I am sure it was on the north side 
 of the brook. I know the place, and all of five hundred yards from the brook, 
 and about fifty feet from the dead-line. I am sure" it was on the north side of 
 the dead-line. The dead-line was about five feet from the stockade. There 
 were a great many men around when this occurred, whose names I do not 
 now. I expect they saw the shooting. It was between 3 and 4 o'clock iu the 
 afternoon. I do not know what day of the week it was; we did not know one 
 day from the other there; we did not know Sunday when it came. I do not 
 know what time of the month it was ; it was very hot weather, real summer 
 weather, not scorching. I did not feel it scorching me very much. I have 
 seen Captain Wirz since ; I have seen him since I have been in town, every 
 
TRIAL OP HENRY WIRZ. 6D 
 
 day. I never saw him at any other time after that onset in the stockade. He 
 had on citizen's clothes. He had on a gray coat, which they called there mili- 
 tary — a regular gray uniform, and a kind of brown cassimere pants. They were 
 not military pants. He had a gray, hat on his head, what they called military. 
 He came in some days in citizen's dress. He had on a regular uniform the time 
 the man was shot. He had on a gray coat, an officer's coat, when he shot this 
 man. He had on military pants, and military hat. His belt was over his coaT 
 and the pistol hung on the left side; he took it out with his right hand and shot 
 the man. He asked the man what he wanted by asking him such a question as 
 that. The fellow "wormed" around, sort of cool, and walked away. Captain 
 Wirz went towards him and asked him what he meant. He said he did not 
 mean anything. He turned round in the same way, talking, and Captain Wirz 
 pulled out his revolver and shot him down without any more words. He said 
 to this man, " what do you mean ? " in a coarse kind of Dutch way. I cannot 
 speak it myself. The man went up to the captain and saluted him in. the way 
 auy man ought to do, and asked the captain if he could get out and stay in the 
 cool. Captain Wirz said no. The fellow turned round and "wormed," and 
 Captain Wirz asked him what he meant by it. Captain Wirz said " look out," 
 in the Dutch language. I did not understand it, but a good many Dutch fellows 
 there said what he meant. He pulled his revolver out and shot him in the front, 
 face to face. The man was quiet and inoffensive. Captain Wirz talked very 
 loud to him — all the words could be heard. Not more than about five words 
 went from Captain Wirz's mouth. I did not see where Captain Wirz came 
 from at that time. I had not seen him for a few minutes before that. Just 
 saw him come up, and I saw the fellow go up to him. He came from the 
 direction of the gate. I am almost blind and cannot show it to you on the 
 diagram. I think he came from the south side of the prison. About the first I 
 saw of him was when the man was going up to him about eight or nine steps 
 from me. He was not talking to any one as he came up, he was by himself. 
 He was walking along, and the fellow met him, and on that accidental meeting 
 he shot him on the spot. 
 By the Court: 
 
 The entrance gate is on the south side of the stockade. [The diagram of the 
 prison was here shown to the witness.] I cannot see that ; the prisoner came 
 from the direction of the gate. 
 
 Q. In your examination in chief you said that you saw the prisoner a nuinbc 
 of times after he shot this man ; and in your cross-examination you said thi 
 after that, you did not see him at all ; which do you mean ? 
 
 A. I saw him in the prison, of course, before I left ; after I got away I did 
 not see him any more until I came here ; I saw him several times after he had 
 shot the man, in prison. 
 By Counsel : 
 
 A. I made my escape about two months after this shooting ; I saw Captain 
 Wirz the next day after he shot this man; he came the next day and ordered 
 me to be put in irons ; I saw him about a hundred times during those two months. 
 
 August 28, 1865. 
 
 Boston Corbett, for th« prosecution : 
 
 I have been in the United States service the most of the past four years ; I 
 was captured near Centreville, Virginia, and conveyed to Andersonville, Georgia ; 
 I arrived there 12th of July, 1864. 
 
 CONDITIOiV OF THE PRISONERS IN THE STOCKADE. 
 
 Before we entered the stockade we remained in front of the headquarters for 
 some time, to be told off in detachments, numbering 270, divided into 90's ; 
 
70 TKIAL OF HENRY WIEZ. 
 
 while tlicre I was excessively thirsty, and asked a man who was there near Cap- 
 tain Wirz's headquarters (in some small tents) for a drink of water; the reply 
 was that he dare not give it to me ; he was not a guard ; he was one of our own 
 prisoners ; there were a good many of them outside, on their parole of honor. 
 Another man in the squad was sick, and he reported himself to a lieutenant of 
 the guard, and asked if he could not he sent to the hospital, or have some medi- 
 cal treatment ; the officer told him, no, that nothing could be done for him till 
 the morrow, and that he must go into the stockade with the rest of us. After 
 entering the stockade, I found nine men of my own company there, who had 
 been taken to that place some three and a half months previously, eight of them 
 were inside, and one had been taken to the hospital outside ; I did not see him 
 but knew of his being there ; within two months time six out of those nine men 
 died ; and before I left the stockade, out of fourteen, including five who were 
 captured with me, there were twelve dead ; but two of us returned alive. . The 
 Tprison was very horrible on account of the filthy condition of it ; the swamp 
 which runs on each side of the small stream that runs through the stockade was 
 so offensive, and the stench from it was so great, that I remember the first time 
 I went down there I wondered that every man in the place did not die from the 
 effects of the stench, and I believe that that was the cause of the death of a 
 great many of our meu ; it was a living mass of putrefaction and filth ; there 
 were maggots there a foot deep or more ; any time we turned over the soil we 
 could see the maggots in a living mass ; the soldiers were not compelled in all 
 cases to wade through it to get to the stream ; in some cases I have seen them 
 wading through it digging for roots. Having no fuel allowed to us for a con- 
 siderable length of time we were obliged to go there for the purpose of digging 
 for roots ; those roots, in one day's exposure to the sun, became thoroughly 
 dried, and the next day we could use them for fuel ; this was necessary because 
 they did not furnish us with the necessary wood for cooking purposes. In 
 September or October, a large number of men were taken fi-om the stockade to 
 work outside, perhaps two or three hundred or more ; they worked upon a build- 
 ing southward from the stockade outside of it ; what the building was for I 
 cannot say, although it was said it was to be a hospital ; but I know very well 
 if the same number of men had been employed in procuring wood outside they 
 might have built quarters inside to protect us from the weather; it was the night 
 rains which brought on sickness ; we had no protection from the rain or the sun ; 
 I was willing to go outside and work ; I would have been glad of the chance ; 
 that was the general feeling among all the prisoners ; I know it was the general 
 ,' desire to go out ; we had no opportunity to talk with Captain Wirz about it. 
 
 CONDITION OF THE SICK IN THE STOCKADE. 
 
 ( I have seen around the swamp the sick in great numbers, lying in a line 
 pretty much as soldiers lie when they lie down to rest in line after a march. 
 Going down in the morning to the stream for water, I could see here and there 
 those who had died dnring the night, and in the daytime I could see them ex- 
 posed to the heat of the sun, with their feet swelled to an enormous size, 
 and in many cases large gangrenous sores, without bandages to cover them, 
 and the sores filled with maggots and flies, which they were unable to keep off. 
 I have seen men lying there in a state of utter destitution, not able to help 
 themselves, lying in their own filth. They generally chose that place — 
 those who were most offensive — because others would drive them away, not 
 wanting to be near those who had sores. Others chose it because of its being 
 so near to the sinks. That was the place where the worst cases generally 
 were. In one case a man died there, I am satisfied, from the effects of lice. 
 When the clothes were taken off his body the lice seemed as thick as the 
 garment — a living mass. Our food was very insufficient. Even when a ser- 
 
TRIAL OP HENRY WIRZ 71 
 
 geant of a detacliment received his double ration, it was not enough for 
 him. A sergeant in charge of ninety men received a double ration for his 
 trouble in calling the roll, reporting the sick, &q. During the first month of 
 my imprisonment there the sick were reported, and in some cases they received 
 medicine. During the latter part of my imprisonment they received no medi- 
 cine whatever. 1 believe no medicine was given inside the stockade during the 
 last six weeks or two months ; during that time I myself was very sick. The 
 doctor would come around and look at us at times. The only thing he ever 
 gave us in the way of medicine was some sour meal-water. Twice they gave 
 me that as belonging to the scurvy patients. They called it vinegar. It was 
 merely water laid upon sour meal. Our own men made a better article inside 
 the stockade, which they called sour beer. The sick were carried to the south 
 gate at roU call, and those who could get carried out were carried out. There 
 was a second enclosure inside the hospital — a wooden railing with guards to 
 keep the men from going beyond the line. There the sick would be laid. There 
 were six detachments assigned to one doctor's caie, and the sergeant would have 
 to see that the, men were in their own places. The doctor would examine 
 them, and would select one or two of the very worst cases to be sent to the 
 hospital, when there would be perhaps twenty or thirty sick men in the de- 
 tachment, so that the number that got to the hospital was very few in compar- 
 ison with the number of those that were carried there awaiting to be taken out. 
 I had myself to carry out one of my comrades three times. The fourth time he 
 was taken to the hospital, and he died a short time afterwards. In some cases 
 men died while waiting at the gate to be carried out. I have seen them dead 
 there myself. The greater part of the time the four men who were assigned to 
 that work by the sergeant of the detachment would carry them out, and in return 
 for carrying them out, they were allowed to gather wood outside the stock- 
 ade, which they would bring in. Eveiy man bringing in an armful of wood 
 might sell it if he chose ; and he would generally sell it to other prisoners for 
 about a dollar. The men got so hardened to death, being so familiar with it, 
 and seeing it so constantly before their eyes, that I have often heard those 
 who could not get a chance to carry out a dead man, say to those who did, 
 " That is right ; trade him off for good wood." If those things are not horrible, 
 I do not know what is. I have stated that the condition of the place was hor- 
 rible ; I have seen these things. Scurvy was a very general disease there ; 
 there were hundreds of cases all around. It afflicted me by swelling my feet 
 and legs very much, contracting the cords of my leg so that it was crooked so I 
 could not straighten it ; I had to limp in walking. Others were much worse, 
 and had to crawl on the ground or walk on crutches. The gums would get ex- 
 ceedingly sore ; the teeth would become loose and would frequently come out. 
 In addition to that there would be a growth of raw flesh on the gums, both in- 
 side and out. In one case, a comrade belonging to my company bad such flesh 
 grow from each side of the mouth until it formed a second growth, making it 
 impossible for him to eat such coarse food as the corn bread that we received, 
 or anything of that nature. My gums frequently bleed, still. Very many were 
 afflicted in that way. There were some barrack buildings put up at one end of 
 the, stockade, sort of shed-barracks, not enclosed on the side. The sick were 
 gathered there as an inside hospital. I think there were upwards of a thousand 
 patients there at the time. As I went there from day to day, 1 found that-for 
 two days they had received nothing in the way of nourishment or as rations, ex- 
 cept boiled beans and molasses, which caused the death of a great many. Each 
 morning there were cords of them laid out in front of this building, dead. I 
 noticed that whenever we had an extra cold night the number of dead laid out 
 in front of those sheds would be very large. I mean that if they were piled up 
 like wood they would make several cords. One morning I noticed the body of 
 one dead man which was so very offensive that I had to step aside and go away. 
 
72 TKIAL OF HENKY WIEZ. 
 
 How long that body remained in that neighborhood I do not know, but it cer- 
 tainly must have been very injurious to the health of those in the barracks close 
 . by ; I know that it was so. 
 
 CONDITION OF THE WATER. 
 
 The water that passed through the stockade was often very filthy. Some- 
 times it was middling clear, but generally it was not good to drink. I was often 
 compelled to drink it, nevertheless. At times I would go to those who had 
 wells dug. Sometimes they would give me a drink and sometimes they would 
 not. I received such rough usage and language from them that 1 have turned 
 away parched with thirst, and drank the bad water from the stream, rather 
 than beg it from the men who had the wells. In the portion of the stockade 
 where I was it was pretty high ground. It was called the new stockade. 
 There were some wells dug there. Probably one of them was the well that Dr. 
 Bates described — very deep, but with no water. We had to go down to the 
 stream for water, or to beg it from those who had wells near the stream. There 
 were a great many away from that stream who were unable to get at it. I have 
 seen a man lying within a few feet of that stream who was unable to get water 
 for himself, and I have carried water to him. I have often seen men dead near 
 there. 
 
 THE CHAIN GANG. 
 
 I observed outside the stockade some forts, some guns near the headquarters, 
 and around the building near the headquarters I noticed several men with 
 heavy balls and chains. They were exposed to the heat of the sun. The heat 
 was so great that I have the marks upon my shoulder yet. 
 
 THE STOCKS. 
 
 I have seen the stocks when I went to help to carry a comrade to sick-call, 
 but I do not recollect seeing any one put in them. They were exposed to the 
 sun so that any one in them would have to be exposed to the heat of the sun. 
 
 THE noGS. 
 
 I know of hounds having been kept there for hunting and re-capturing pris- 
 oners who tried to escape. In the month of October, 1864, we were allowed in 
 certain instances to go outside the stockade, under rebel guards to bring in wood 
 for fuel. For some mouths previously we had not been allowed such a priv- 
 ilege. I told some of my comrades that the first time I got outside the stockade 
 I should try to escape. Being one of a party of twenty who went out in that 
 way, after going some short distance from the stockade, perhaps half a mile, 
 (more or less,) I watched an opportunity and made my escape from the guards. 
 I got some short distance and secreted myself. While I was there they came 
 in pursuit of me, but my hiding place was sufficiently secure, and they could 
 not find me, although I heard my name called and heard men passing close by 
 me. I lay there perhaps an hour or two, when I heard the yelping of dogs in 
 the distance. The man with the hounds evidently thought that I was further 
 off, and he had taken them to a considerable distance. I heard them in the 
 distance ; then nearer and nearer, till they finally approached me, and one actu- 
 ally rubbed his nose against my face. I was ready for a spring, and intended 
 ^- to grapple with him ; but the dogs, instead of tearing me, made a circle and kept 
 y running about me until the hunter came. He immediately called the dogs off 
 ^ aflid told me that I would have to go back with him. He put up his pistol and 
 talked pretty clever to me. He said, " The old captain told me to make the 
 dogs tear you, but I have been a prisoner myself and know what it is to be a 
 prisoner, and I would not like to do that." Speaking kindly to me, he took me 
 
TRIAL OF HENKY WIKZ. 73 
 
 back to headquarters. The first question of Captain Wirz was, " Why did you 
 not make the dogs bite him ? " evidently showing that he had given the order 
 which the man had told me he got. The answer oF the man showed me that 
 he was under the command and inferior to Captain Wirz. He replied, " I guess 
 the dogs hurt him enough," and that seemed to satisfy Captain Wirz, who or- 
 dered me to be taken back to the stockade. ■^ 
 
 THE DBAD-LIiNE. 
 
 That dead-line was a slight wooden railing, about the height of this railing, 
 (some three feet;) it was on little upright posts, running inside of the stockade, 
 about twelve or fifteen feet from it, as I thought then ; but I have heard since 
 that it was further than that — that it was twenty feet ; I judged myself that it 
 was from twelve to fifteen feet At the place where the stream entered the 
 stockade the dead-line was broken down for some weeks, and during that time 
 there were several men shot there. I have seen several carried away from there 
 who were said to have been killed in that way. The horrors of that prison were! 
 so great that one man went over the line, and refused to leave it until he was 
 shot dead. So great was the horror and misery of that place that I myself had 
 thoughts of going over that dead-line to be shot in preference to living there. 
 But it immediately occurred to my mind that it was a Christian's duty to bear 
 whatever was thrown upon me, otherwise I should have undoubtedly gone 
 over — preferring death to life. I think that in every case of shooting I knew 
 of they were men who had to go to that place to get water. The nearer to the 
 stockade the clearer the water was, consequently men would go in search of 
 it as far as they dared to go to get clear water ; and, in some cases, they would 
 get on the line without knowing it, because there was no actual line on the 
 spot, and they would have to look to the right or to the left to see where the 
 line ought to be. I believe that, in many cases, new prisoners who had not 
 been warned about the dead-line crossed it, and were shot without knowing 
 where the dead-line was, as no warning would be given except, as 1 have said, 
 by our own men. I used to make it a particular portion of my business when 
 new prisoners came to show them the dead-line, because when I went there at 
 first myself I would have been shot if one of our own men had not dragged me 
 back. 
 
 SHOOTI.MG OF PRISONERS BY THE GUARDS. 
 
 I have been within hearing of the sentinels who shot men on that line or 
 passing it. I never heard them halt a man, or give him any intimation. The 
 instance that occurs to my mind is this : one of the rebel sentinels had just shot 
 one of our men ; one of the other prisoners seeing it, remonstrated with him, 
 threatening retaliation if ever he got a chance ; the rebel hastily reloaded his 
 piece, took aim at the man, and told him if he heard another word out of his 
 head he would shoot him dead ; whereupon, of course, the man said no more. 
 I do- not recollect ever hearing the sentinels say anything in reference to their 
 orders. I do not know the number of prisoners I have seen killed or shot by 
 the sentinels on duty. I often, very often, heard the report of a musket. I 
 knew by what was said that a man was shot, but I did not see it ; but I saw 
 several cases myself. It was a very common occurrence. One night 
 
 Counsel for the accused objected to the witness stating anything which he 
 did not see. 
 
 Witness. It was too dark to see it, but I heard the whistle of the balls, and 
 know that they fired into the stockade without any provocation whatever. 
 
 Counsel for the accused objected to the witness stating anything but what 
 he knew himself 
 
 The President. The witness may state what he heard among the prisoners 
 
74 TRIAL OF HENRY WIRZ. 
 
 at the time these killings took place, what the prisoners said, and what the sen- 
 tinels said, by whose orders the firing was done, &c. The court wants to hear 
 it all. 
 
 SUFFERINGS FROM HUNGER. 
 
 I know that I suffered very much from hunger ; so much so, that months after 
 my release my appetite was constantly craving, and I could not restrain myself 
 from eating, even after I had enough. This was the consequence of that slow 
 process of starvation. I am well aware that many of my comrades died there in 
 consequence of not having sufEcient food. I have noticed persons robust in 
 health taken to the stockade. The effect was that, in a very short time, they 
 became sick and died. This was the case with several of my company who 
 were extraordinarily robust. It was a common remark among my company that 
 the strongest and best men of the company died. I have seen around the sut- 
 ler's stand men dead ; and I have seen them actually dying of starvation, and 
 yet they would not get a mouthful to eat. The sutler's stand was inside the 
 stockade. One of our own men kept it. It was said that he was a Belle Island 
 f "prisoner. He had the privilege of going out and bringing in supplies which he 
 ' got from the confederates outside. He paid them large prices, and sold to the 
 prisoners inside at an enormous profit. I have seen onions sell at twenty-five, 
 forty, and seventy-five cents, of our own currency, according to their size. The 
 rebel currency went at from four to one, and afterwards at from five to one, so 
 \^that a small onion would cost a dollar in confederate money. 
 
 EFFECT OF THE TREATMENT ON THE MORAL SENSIBILITIES AND MENTAL 
 CONDITION OF THE PRISONERS. 
 
 The 'prisoners seemed in many cases totally depraved and demoralized. Their 
 minds were in many cases affected very much, so that they seemed, as has 
 been already described by a witness, idiotic. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 Cross-examined by Counsel : 
 
 / I have' seen maggots in the food that was given me to eat. I have taken that 
 food to the stream and washed the maggots from it. I have seen them in the 
 sores on the soldiei-s there; and I have seen them in such a way that it is hardly 
 fit to describe in this court. I have seen maggots a foot deep in the mire, filth, 
 and swampy ground there by the stream — black marshy mire. They were 
 principally, caused by the men not being able to go to the sink — by what passed 
 from their bodies. I saw one dead person there — the first dead man I saw in 
 the stockade. That was not because of the maggots a foot deep ; that mire was 
 a general receptacle for any filth we might throw away. You could walk over 
 
 , four or five acres of ground and find maggots under your feet all the time. 
 
 THE DOGS. 
 
 The hounds have chased me ; I might have said bloodhounds. I do not know 
 who was with the hounds. I saw the man that was with them. I could tell 
 him from another man, but I cannot tell his name ; it was not Captain Wirz. 
 Only two hounds pursued me. Immediately on my being caught the man 
 sounded a call with his horn. I couldn't tell whether it was to recall others, or 
 to give notice that I had been caught ; but I saw several more hounds at the 
 building where they kept them, and where this man turned the hounds in. It 
 was a good, strong, substantial log building. If I had been supplied with as 
 good shelter, I should never have got any sickness from the rain at night. I 
 cannot tell how many hbunds I have seen at one time together. I think I saw 
 
TRIAL OP HENRY WIRZ. 75 
 
 more than five. They seemed to be all hounds — bloodhounds. I know what 
 a bloodhound is. A hound that could track me from a distance to the place 
 where I lay secreted must have had the powerful scent and instinct of a blood- 
 hound ; a common dog would never have found me in my hiding place. I be- 
 lieve that the only reason why the hound did not tear me was, because the same 
 power kept him from doing it that kept the lions from tearing Daniel — that God 
 in whom I trusted. Undoubtedly the hound did smell me when he rubbed his 
 nose against me, and I believe the Almighty prevented him from biting me. 
 
 THE CHAIN-GAN'G. 
 
 I obtained those marks, made by the sun, on my skin in the months of July 
 and August. It was on the 12th of July when I went there, and I saw pris- 
 oners then in chains, and I have seen them wearing the ball and chain at the 
 same time when I got those marks from the heat of the sun. 
 
 CONDITION OF THE WATER. 
 
 I saw our prison-ers dipping in the water from the brook. I have often done 
 so myself. They usually went where it entered the stockade. They went there 
 because the water was clearer there than elsewhere. The water was not quite 
 good there ; it was quite bad very often; it was more filthy in other places. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 1 cannot name any individual prisoner whom I saw shot. I believe I have 
 seen prisoners shot every month I was there. On the occasion when I heard 
 firing in the night I did not see Captain Wirz. I do not know whether he was 
 there in the night or not. Seeing him there every day, I suppose he was there 
 in the night too. I saw him there one night when we were being removed from 
 the stockade to the cars to be taken to another prison. That was on special 
 service removing prisoners. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 Q. Did you ever yourself see Captain Wirz perpetrate any personal violence 
 on any one 1 
 
 A. I cannot answer without stating what I heard. 
 
 Mr. Baker. Answer yes or no, and the circumstances can be stated after- 
 wards. 
 
 Witness. I did not see any outrage. 
 
 Mr. Baker. Very well, that is enough. 
 
 Witness. You said that when I answered I might state the circumstances ; 
 I now insist on my right to do so. 
 
 The President (to witness.) State under what circumstances and from 
 whom you heard what you refer to. 
 
 Mr. Baker. We object. 
 
 The President directed counsel to be seated and told the witness to proceed. 
 
 Witness. I was being removed from the stockade to the cars, to be taken 
 to another prison. It was at night. Just back of me some prisoners, who 
 were unable to walk, had fallen. I heard Captain Wirz's voice swearing, and 
 I heard what indicated that blows had been given. I did not see him strike 
 any blows, but I heard something of that going on. I could not swear that I 
 saw it, yet I knew of the occurrence. 
 
 sufferings from hunger. 
 By Counsel : 
 I did not know the man who had the sutlership inside the stockade, personally, 
 only from what I heard in regard to liim from iriy comrades. I cannot tell how 
 
76 TEIAL OF HENRY WIEZ. 
 
 many times I saw him. I saw several men in there, and I could not tell the 
 proprietor from those in his employ. Those engaged in there in that way 
 were Union prisoners. The sutlership was under the charge of Union prisoners. 
 One man was allowed to go out for goods. He was a Union prisoner. He 
 brought in goods in a wagon and had them to sell. It is not customary for a 
 sutler to give away goods ; they generally want a pretty good price for their 
 articles. I know that if I had seen a fellow-prisoner starving for want of some- 
 thing which I had to sell I would give it to him. I cannot say that I would 
 give it to him and others if it took all I had to buy. It was his Christian duty 
 to give away a portion of his goods, enough to keep a man from dying from 
 starvation by his place. If there were thirteen thousand prisoners dying there, 
 I, do not think he ought to give some to all. I know that the sutlers there paid 
 large prices for the privilege they had, by general hearsay, and also by the 
 enormous prices he charged. I paid twenty-five cents once for a very small 
 quantity of molasses that I went to buy for a sick man — pei-haps not more than 
 half a gill. That was before molasses was generally given out. I know that 
 corn was at one time sold by him at three dollars per dozen. By his enormoua 
 prices I know that he must have paid enormous prices for the articles. That 
 is the only way I knew that he paid a large price for his privilege of being 
 sutler. I was not in partnership with him so that I could know. 
 
 THE " RAIDERS." 
 
 / There were desperadoes who were ready to knock a man down with a club, 
 which they often did for very slight offences, or no cause whatever. Very 
 often if a man objected because his rations were too small, a sergeant would lay 
 Iiold of a club and knock him down. I have seen several men come up to what 
 was called the barber's shop, close where I used to lie, to have their fiair cut 
 short around a wound on the head. They had been assaulted by these desper- 
 adoes. They were our own prisoners. They would often assault peaceable 
 prisoners. I might further add — I think it might come in here very appropri- 
 ately — that when we first arrived at the depot, (the commissary was right along- 
 side the depot,) some of our own men working there — paroled prisoners — told 
 us that the day before we arrived there six men had been hung inside the 
 stockade. They were of that class what we called raiders — desperadoes. Those 
 who desired peace and order did, of course, arrest those men, try them, convict 
 them, and hang them. If proper discipline and order had been maintained by 
 the confederate authorities those raiders would not have been allowed to con- 
 tinue their depredations until it was necessaiy to hang them in that way. There 
 was not proper authority or order maintained by the confederate authorities. 
 Men were thrown in that large place promiscuously, and allowed to kill each 
 other if they had a mind to. They were not restrained by putting them in 
 different apartments or buildings, or giving them that necessary protection that 
 they should have. If Captain Wirz had preserved that order he would have 
 been more humane than he was. I never knew a man so atrocious in his 
 military discipline and power as Captain Wirz. He would not have been obliged 
 to have been more strict if he had used proper means. If these men had been 
 placed in separate prisons, and arrests been made when anything of the kind 
 was done, and reported to him, and offenders properly punished, it would not 
 have gone to such an extent. It is more severe discipline to be arrested fre- 
 quently than to go at liberty, upon the individual arrested, but an act of humanity 
 to others. 
 
 If he had arrested this gang of desperadoes more frequently it would have 
 been better. He would have been obliged to be more strict to the few, but 
 kinder to the many. In regard to punishing guilty offenders he was not as 
 strict as he might have been. I have heard there were seventy or eighty des- 
 
TEIAL OF HENEY WIEZ. 77 
 
 peradoes, but I was not there till some of the men were hung, when that gang, 
 you might say, was broken up. The desperadoes spoken of as being there 
 when I was there were such men as may be found in every company and regi- 
 ment in the service. Some of them might have been as bad as the others. No 
 doubt there were desperate men there all the time. I don't know that Captain 
 Wirz was constantly annoyed by these desperadoes. I know on the contrary 
 that at one time one man had informed about others tunnelling out ; some of 
 the men, as a punishment, seized him and had one-half of his head shaved and 
 the hair left on the other, and they ran him around the camp telling what he 
 had done, and it was said that after running him around they were going to run 
 him over the dead-line, where he would undoubtedly have been shot. A guard 
 was sent in by the rebel authorities and took the man out. For that act our 
 food was kept from us for twenty-four hours. We received no rations whatever 
 that day. The next morning the sergeant of the detachment to which that 
 man belonged went to the gate and made application in the case, stating that if 
 the man was sent into the stockade again he would be responsible for his not 
 beiug molested any further, if they would restore the rations. On these condi- 
 tions the man was taken in again ; he was not further maltreated, and the 
 rations were again furnished to us. 
 
 The cross-examination having closed, the witness stated that he would like 
 to give some additional evidence which he had omitted in his examination-in- 
 chief. 
 
 Mr. Baker objected to the reception of the evidence, as the examinatiou-in- 
 chief had closed. 
 
 The Court, after deliberation, sustained the objection. 
 
 August 28, 1S65. 
 
 Samuel D. Brown, for the prosecution : 
 
 I have been in the service of the United States as a soldier, from October 9, 
 1S61, to June 13, 1865. I was captured at Plymouth, North Carolina. 1 was 
 taken to Andersonville direct, reaching there on the 4th day of May, 1864. 
 
 MONEY AND VALUABLES TAKEN FROM PRISONERS. 
 
 When we were taken there we were marched down half-way between the 
 depot and the stockade, and we lay there all night under a strong guard. The 
 next morning every man was searched, and everything valuable was taken from 
 us. We were then turned into the stockade. A watch was taken from me, 
 and also about one hundred and seventy-five dollars in money. 
 
 •• TREATMENT OP THE SICK. 
 
 I was sick while there. I received very little medical treatment, if any at 
 all. I was taken to the hospital and was there just two weeks. I was taken 
 there probably somewhere about the 20th of May. From the day I was taken 
 there till the day I came back, about all the medicine I got was some blue 
 pills and blackoak bark tea. ~-' 
 
 STOPPAGE OF RATIONS. 
 
 While in the stockade we were deprived of our rations ; from the morning of 
 the 1st July, 1864, till the evening of the 5th, we did not get anything. The 
 cause of it was, I believe, because there were some raiders in the camp. Cap- 
 tain Wirz and the quartermaster came and ordered them to be arrested before 
 another morsel of rations should be brought in. We had to arrest them our- , 
 selves. 
 
78 TRIAL OF HENRY WIRZ. 
 
 By the Court : 
 
 Q. "What do you mean by raiders ? 
 
 A. I mean desperadoes — United States prisoners who would rob our own 
 men. They got so bold as to take the rations off the wagon ; in consequence 
 of which the balance in the hands of the quartermaster for that day was taken 
 out, and we were told they would give us no more until we had found those 
 men. About 300 men were arrested. Some were punished and others were not. 
 
 MEN BITTEN BY THE DOGS. 
 
 I will not say they were hounds or not ; they were some ferocious animala. 
 They would be taken round at different times. A man with a gray horse, gener- 
 ally known as Captain Wirz, rode round with the hounds after him, and another 
 man walking, (I presume he had charge of the hounds,) going round the prison 
 hunting up tunnels where men had made their escape. I saw persons with 
 wounds that had the. appearance of dog-bites. I knew of one person who came 
 into camp with such wounds. He had made his escape. I knew his name, but 
 I forget it. He came in one day with his clothes pretty well torn off, and he 
 had several scars and bites on him. The man remained inside the stockade 
 awhile, but was afterwards taken out, whether to the hospital or not I don't 
 know. I don't know whether he died of his wounds ; but he was certainly 
 bitten by the dogs. 
 
 SHOOTINtf OF A PRISONER BY WIRZ'S ORDER. 
 
 ' I saw Captain Wirz while at Andersonville. I knew hifti to commit acts of 
 cruelty — once especially. On or about the 15th of May, 1864, I wrote a let- 
 ter to my parents and took it to the south gate where the letter-box was. As 
 I came up near the gate I saw a cripple — a man with one leg, on crutches ; he 
 had lost one leg above the knee. He was asking the sentinel to call Captain 
 Wirz. He called him, and in a few minutes he came up. I stopped to see 
 what was going to be done. The Captain came up and the man asked him to 
 take him outside of the prison, as he had enemies in the camp. I presume it 
 was Captain Wirz. I did not know him so well then. Captain Wirz was the 
 man that was called. This cripple asked him to take him out ; he said his leg 
 was not healed, and that he had enemies in camp who clubbed him. Captain 
 Wirz never answered him, but said to the sentinel, " Shoot that one-legged 
 Yankee devil." I was there and heard the order, and saw the man turn on his 
 crutches to go away. As he turned the sentinel fired, and the ball struck hiai 
 on the head and passed out at the lower jaw. The man fell over, and expired 
 in a few minutes. The sentinel fired at the prisoner with a musket. The 
 prisoner was perhaps two feet inside the " dead-line," which was twenty-five or 
 thirty feet from the stockade and almost parallel with it; so that the man was 
 probably thirty feet away from the muzzle of the gun. I would recognize the 
 man who gave that order. I recognize the prisoner at the bar as him. The 
 sentry was relieved ; I saw him taken down out of the stand outside. That 
 was the last I saw of him. Report says that he got a thirty days' furlough. 
 J. have witnessed other acts of cruelty. 
 By the Court : 
 
 I have no means of verifying the date of that occurrence, any more than what 
 I have stated. It was on the 15th of May that I wrote this letter. I put it in 
 the office the same day. On the 26th of last December I came home, and I 
 was there six or eight days when I " lifted" the letter at the office — the letter 
 I had myself mailed at Andersonville. That was the only letter I wrote theie. 
 
 Counsel for the accused declined to cross-examine the witness. 
 
TRIAL OF HENRY WIRZ. 79 
 
 August 28, 1866. 
 
 Jacob D. Brown, for the prosecution : 
 
 I am a brother of the young man who has just testified ; I have been in the 
 military service of the United States; enlisted on the 31st day of January, 
 1862, and served till the 13th June, 1865 ; I was a prisoner at Andersonville 
 from the 20th day of April, 1864, to the 9th September, 1864 ; I was in the 
 Andersonville prison, or not exactly ia the prison, all the time ; from the 3d of 
 May to the 9th September I was in the prison. 
 
 STOPPAGE OF RATIONS. 
 
 I was deprived of rations from the 1st to the 4th of July — I think it was — 
 or from the 2d to the 5th ; I cannot positively say as to the date ; I can hardly 
 say what the cause was ; there were a great many rumors about that time ; I 
 know of no particular reason ; I was not deprived of rations at any other time 
 at that prison. 
 
 PRISONERS TORN BY DOGS. 
 
 I saw dogs and heard dogs all around the prison ; I did not know for what 
 purpose they were there ; I saw one man who told me he had been torn by 
 dogs ; the wound looked as though the man had been torn by a beast of some 
 kind ; it was in the calf of his leg, like as if the beast bad taken hold and 
 torn it right down. 
 
 THREATS OF WIRZ. 
 
 There were a great many threats made by Captain Wirz ; on the 3d of May, I 
 when we arrived at Andersonville, we lay near the depot over night ; the next 
 morning we were called into line to be marched into prison ; Captain Wirz was 
 there, riding his horse around, and ordei'ed the men to fall in ; some of the men 
 were sick and very slow in getting into the ranks, and he ordered in the first 
 place that if they did not get into the ranks they should have no rations ; the 
 men were still slow in getting in, and he ordered that if they did not get into 
 ranks they should be shot down ; of course the men hurried into ranks as soon , 
 as they could to save their lives. ~' 
 
 SHOOTING OF TWO PRISONERS BY WIRZ'S ORDERS. 
 
 I saw Captain Wirz there ; I see him now, the prisoner at the bar ; that is 
 the same man ; in one instance, about the 27th of July, 1864, I saw Captain 
 Wirz in the sentry-box with the sentinel at the cook-house, near the brook ; 
 the prisoners were there getting water from the brook, and men would acci- 
 dentally reach under the " dead-line" to get water, and Captain Wirz ordered 
 the sentinel, if any men reached through the " dead-line" to get water, to shoot 
 them down ; he had barely said the words when a prisoner reached through 
 under the "dead-line" with his cup to get some water, and the sentry fired; the 
 ball took effect in the man's head and he was killed ; I was about three feet 
 ofi'; I was just passing the brook from one side of the stockade to the other ; 
 the sentinel had in his hand the ordinary musket — a soldier's musket ; after the 
 ball had entered the prisoner's head he dropped, and in a very short time 
 expired ; I was close by when he died ; I saw him after he was dead ; I saw 
 him borne away to the gate to be taken out ; this happened about the 27th of 
 July, 1864. 1 know of one other instance ; as to the date I am not so well 
 posted as I am in regard to the others," but it was some time about the middle 
 of August, 1864 ; from the same sentry-box Captain Wirz ordered the sentinel 
 to shoot men again that were getting water from the brook ; the men were 
 much crowded, as they always were at that place, getting water, and I was 
 crossing the brook again ; I had some friends on the north side of the stockade, 
 
80 TRIAL OF HENRY WIEZ. 
 
 and I stopped on the south side ; Captain Wirz was in the sentry-box "^''^^ *!>« 
 sentinel ; he gave the order to the sentinel and the sentinel fired, and the ball 
 took effect in the man's breast ; I did not see the man die, but it was a fatal 
 wound ; there was no doubt of that ; I saw where the ball entered the breast ; 
 I could not say that it passed through him ; the man was lying on his back. 
 I am sure I recognized Captain Wirz on that occasion ; he had been sick, or it 
 was so reported at the time, and I did not know he was on duty ; I am certain 
 
 'it was Captain "Wirz. 
 
 ^ Counsel for the accused declined to cross-examine the witness. 
 
 .WITHDRAWAL OF COUNSEL FOR THE ACCUSED. 
 
 Mr. Baker. I will state to the judge advocate that it is with many regreta 
 that I feel it my duty to throw the responsibility of this case on him. 
 
 The President. You will address the court, sir. 
 
 Mr. Baker. I was about to say that after the occurrences that have taken 
 place between the president of this court and myself, I do not think that I can 
 be of any assistance to this prisoner by remaining in this case any longer. I 
 had hoped that with the mass of testimony which I have in his favor 
 
 The President. What is your purpose, sir ? Do you decline to continue 
 in the employ of the prisoner ? 
 
 Mr, Baker. I believe that I cannot do otherwise consistently. 
 
 The President. What is your purpose ? 
 
 Mr. Baker. I wish to state to the judge advocate and to the court the reason 
 why I must leave the prisoner now. 
 
 The President, Does the court desire to hear the reason ? 
 
 Several Members. No. 
 
 CThe President. The court does not desire to hear it. 
 
 The Judge Advocatb, (to Mr. Schade.) Do you desire to cross-examine the 
 witness ? 
 
 Mr. Schade. No, sir. 
 
 The Judge Advocate. I should like to know whether both the prisoner's 
 counsel abandon the case. If so, I suppose it devolves upon one of the judge 
 advocates to conduct the cross-examination. 
 f The Prksident. Do I understand that Mr. Schade abandons the case? 
 
 Mr. ScSade. I have tried to stay in it as long as I possibly could. 
 
 The President. Do you abandon the case ? 
 
 Mr. Schade. I consider it my duty now to follow the example of my col- 
 league, believing that we cannot be of any further use to the prisoner. 
 
 The President. Very well; the judge advocates will take care of the rights 
 of the prisoner. Do we distinctly understand that both his counsel abandon 
 the case ? 
 
 Mr. Baker. We do not abandon it; we leave the case in the hands of the 
 I president and the judge advocate. 
 
 The President. That is enough ; take your seat, sir. 
 
 Mr. Baker. We believe that we could make out our case according to the 
 rules of law. 
 
 The President. Not another word, sir. You are a spectator. 
 'The Judge Advocate, (after consultation with the prisoner.) As it now de- 
 volves upon me to take care of the interests of the prisoner, I move, on his 
 ^^ehalf, that the commission adjourn until to-morrow morning, at ten o'clock. 
 
 The motion was agreed to, and the commission thereupon adjourned. 
 
 ^ readmission op counsel for the accused. 
 
 Upon the meeting of the court, on the 29th of August, the judge advocate 
 laid before it the following letter : 
 
TRIAL OP HENBY WIRZ. 81 
 
 Old Capitol Prison, 
 Washington City, D. C, August 29, 18()5. 
 Col. N. P. Chipman, 
 
 Judge Advoiatc, Military Commission: 
 I most respectfully ask the commission, as I am here alone, to send for my counsel, 
 Messrs. Schadeaud Baker, as I understand that on my most fervent entreaties, they have con- 
 sented again to appear for me. They understand my v?hole case, and know my witnesses 
 and papers. Hopino' that the conunission will grant my request, I sign myself, most respect- 
 fully, your obedient servant, 
 
 H. WIRZ, 
 Late Captain and A. A. G,, C. S. A. 
 
 The coinmi?3ion, after deliberation, directed that Messrs. Schade and Baker be 
 sent for, the prisoner stating that they were just outside the court-room. 
 
 At this point the court was cleared for deliberation, and after some time the 
 doors were reopened. 
 
 On the reopening of the court, Messrs.' Schade and Baker entered, in com- 
 pany with the prisoner. 
 
 The proceedings of the last meeting were read and approved. 
 
 The PttEsiuRXT : This morning the judge advocate presented a communica- 
 tion from the prisoner in which he states that he is here alone ; that upon his 
 most fervent entreaties, his former counsel, Messrs. Schade and Baker, have 
 consented to appear for him again ; and that they understand his case and know 
 his witnesses and papers ; for which reasons he respectfully asks the commission 
 to permit him to send for them, that they may resume his defence. Desirous of\ 
 extending to the prisoner every consistent means of defence, the commission 
 waive all personal objection to the attorneys named, and consent to their reap- 
 pearance. -'' 
 
 MEDICAL testimony. 
 
 August 29, 1865. 
 
 Dr. Gr. Gr. Roy, for the prosecution : 
 
 I was on duty at Andersonville ; I was ordered to report there for duty on 
 the first of September, 1864, by the medical director of the army of Tennessee, 
 Dr. Stout ; I mean the rebel army. 
 
 CONDITION OF THE PRISONERS IN THE HOSPITAL. 
 
 Surgeon Isaiah H. White was chief surgeon in charge of the post at Ander- 
 sonville when I went there ; I do not know that there was any one particularly 
 who was the surgeon in charge of the medical department of the stockade ; so 
 far as the chief surgeons were concerned, there were two there ; Surgeon White 
 acted as post surgeon, and confined himself to the administrative duties of the 
 post; Dr. Stevenson was acting as chief surgeon in charge of the hospital, and 
 of the medical department of the stockade ; when I got there I found the hos- 
 pital in a very deplorable condition ; it was composed of tents of all sizes } I 
 cannot say that it was laid off with any particular regularity ; there was no 
 comfort attached to it whatever ; many of the tents were badly worn, torn and 
 rotten, and of course permitted the water to leak through; the patients were not 
 furnished with bunks or bedding, or bed-clothing, or anything of that sort : 
 when I reported for duty I was under the immediate charge of Dr. Stevenson ; 
 I was sent to Andersonville under peculiar circumstances, under positive orders 
 to Dr. White to have organized a division, and for six days I was not put on 
 duty, because it took about that time to organize a division out of the divisions 
 that were there, which were then three in number ; I then took charge of the 
 fourth division, the last that was formed ; there were very few cases of gangrene 
 conjing under my treatment while I was there ; I got there after most of the 
 surgery had been done, consequently there were very few cases of gangrene ; 
 we never got vegetables sufficient while I was there ; my duty was to make 
 H. Ex. Doc. 23 6 
 
82 TRIAL OF HENRY WIRZ. 
 
 requisitions on the chief surgeon, as he was called, Dr. Stevenson ; I did so and 
 failed to get them ; after Dr. Clayton took charge of the hospital we had fewer 
 patients, and were pretty well supplied with food and medicine ; I think that 
 would be the decision of every prisoner that was there. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 ^ I was told that there were from 30,000 to 35,000 prisoners in the stockade 
 when I went on duty at Andersonville. They presented the most horrible spec- 
 tacle of humanity that I ever saw in my life. A good many were suffering from 
 scurvy and other diseases : a good many were naked ; a large majority bare- 
 footed ; a good many without bats. Their condition generally was almost in- 
 describable. I attributed that condition to long confinement and the want of 
 the necessaries and comforts of life, and all those causes that are calculated to 
 produce that condition of the system where there is just vitality enough to per- 
 mit one to live. In the first place, at Andersonville, the prisoners were too 
 densely crowded. In the next place there was no shelter, except such as they 
 constructed themselves, which was very insufficient. A good many were in 
 holes in the earth with their blankets thrown over them ; a good many had a 
 blanket or oil-cloth thrown over poles ; some were in tents constructed by their 
 own ingenuity, and with just such accommodations as their own ingenuity per- 
 mitted them to contrive. There were, you may say, no accommodations made 
 for them in the stockade, and in fact it was very wise that none were made 
 there, unless the stockade had been large, because to have filled up the space 
 occupied by this prison with sheds, would have almost produced a stagnation of 
 air. They had a branch that ran through the stockade as a convenience for 
 washing. There was plenty of water there. I never was in the stockade 
 myself. There was plenty of water in the branch. I do not know its condi- 
 tion. The ground on the east side of the stockade, outside, was composed of 
 marsh, and was blockaded with trees which had been cut down, which acted as 
 an obstruction to all deleterious animal and vegetable matter that passed after 
 heavy weather through this stream, and there it accumulated and became very 
 obnoxious indeed, and was a very fruitful source of malaria. A great many 
 insects were prevalent there. A great many of them were maggots, and there 
 were also ants — these white ants with wings. In general terms, there were 
 those insects which result from a decay of vegetable and animal matter. The 
 quantity of them was very great. There were very many mosquitoes there 
 when I got there. I had been told that mosquitoes were rarely known in that 
 part of the country before, but they were most terrible when I got there, so 
 that it was dangerous for a man to open his mouth after sundown. I think 
 this ground was afterwards drained. I think it was drained just after. This 
 marshy place that I spoke of was just in the rear of the hospital, and the winds 
 of course blew the odor from there across the hospital, and after Dr. Clayton 
 took charge it was drained. I think it was through his influence, but I do not 
 know by whom or from what cause. I recollect his calling my attention to the 
 fact, and having me thereto look at it after it was drained. I think it had been 
 drained before, but such a body of water as that stream carried after an immense 
 rain very soon became obstructed, and it would necessarily require constant or 
 repeated draining. The fleas were as bad as the mosquitoes, worse, if anything, 
 and after the evacuation of the stockade, I was told by a friend who remained 
 there, several weeks afterward they emigrated from the stockade and came up 
 to the private houses, so that the occupants had to leave on account of the fleas. 
 This marsh of which I speak was right alongside the hospital. The hospital 
 got the odors and miasma from it. The effect on the prisoners must, of course, 
 have been injurious. 
 
TRIAL OF HENRY WIRZ. 83 
 
 THE SUPPLY OF MKDICINES. 
 
 I was ordered to Andersonville from Macon, Georgia. I had been on duty 
 at Atlanta, Georgia ; I was in charge of a hospital there ; the supply of medi- 
 cine at Andersonville was not sufficient to meet the demands or necessities of 
 the patients ; I never had any difficulties in getting medicines at Atlanta ; Dr. 
 White was in charge of the post but a very short time after I reached Ander- 
 sonville ; Dr. Stevenson was in charge for a longer time, but a very short time 
 after Dr. White was removed ; he ordered Dr. Stevenson to report to him ; the 
 medical director of the prison department was made a separate, distinct position, 
 and Dr. White got the position of acting medical director ; you might call it a 
 promotion ; he so esteemed it, I believe, and he ordered Dr. Stevenson from 
 Andersonville to report to him at Columbia, South Carolina ; Dr. H. H. Clayton 
 succeeded Dr. Stevenson ; about the time that Dr. White was transferred from 
 Andersonville a large number of patients had been transferred to a place called 
 Millen, and the prisoners left at Andersonville were of course comparatively 
 few ; after Dr. Clayton took charge the supply of medicine was fully adequate : 
 I attribute that very much to the fact that he made requisitions for the full 
 capacity of the hospital, not knowing. when it mi^ht be filled up ; we got a full 
 supply, and not having a sufficient number of patients to consume what we 
 got, those who were there were able to get as much medicine as they needed ; 
 Dr. Clayton had no more facilities for obtaining supplies than his predecessors 
 had ; while I was on duty at different hospitals there were a few rare articles, 
 and rarely used, which we found difficulty in getting sometimes when we had 
 occasion to use them ; but as a general thing I found no difficulty in getting all 
 the medicines necessary to treat patients. 
 
 THE HOSPITAL FUND. 
 
 There was provision for a hospital fund, which was in the hands of the chief 
 surgeon ; all of the confederate hospitals drew on the hospital fund, which amounted 
 latterly to about $3 13 per day for each patient; this hospital fund was for the 
 purpose of procuring such articles as the sick needed and as the commissary did 
 not supply, or as the medical purveyor could not furnish, and which could be 
 purchased outside ; when I first went there the hospital fund amounted, I think, 
 to about $190,000 a month, between that and $200,000 ; I do not know that it 
 was drawn ; this was in confederate money ; it ought to have been drawn from 
 the commissary of the post; when I first went there Major Proctor was the 
 commissary ; I do not know whom he succeeded ; I never had control of any of that 
 fund ; the chief surgeon. Dr. Clayton, and after him Dr. Stevenson, drew the 
 funds and supplied me ; I made requisitions for articles in kind, not for the 
 funds to buy them ; latterly, within three or four weeks of our abandoning the 
 place, I got all I wanted ; then we had very few patients, and our facilities for 
 getting what we wanted were much greater. 
 
 AUTHORITY OF WIRZ OVER THE HOSPITAL. 
 
 Q. Who had control of the hospital so far as its discipline was concerned ? 
 Who had command of the guards stationed about it ? 
 
 A. There was always a sergeant at the gate who was under the control of 
 Captain Wirz. 
 
 Q. Had Captain Wirz any command over you surgeons, other than that of 
 stationing the guards about you and giving you passes to the hospital ? 
 
 A. Under his orders, which I had occasion to see once, I think his power was 
 almost absolute. , 
 
 Mr. Baker objected to witnes& stating the contents of the orders. 
 
 Q. Had Captain Wirz other command over you than that of allowing you to 
 
84 TRIAL OF HENRY WIEZ. 
 
 go back and forth to the hospital on his passes 1 Had he control over the 
 administration of your duties 1 
 
 A. He did not exercise that control, but his orders gave him such power. 
 
 Mr. Bakkr objected to witness stating anything contained in the orders. 
 
 The court, after deliberation, sustained the objection. 
 
 Q. Did the prisoner ever state to you that he had command over your action 
 in the administration of your duties ? 
 
 A. He did. 
 
 Q. State the circumstances. 
 
 A At one time, in consequence of a difficulty between one of my assistants 
 and Captain Wirz, we had occasion to call for these orders and the orders were 
 presented ; assistant surgeon Dr. James had written a communication to me 
 about the punishment of one of the hospital attendants of his division by Captain 
 Wirz, which communication I indorsed and sent to Dr. Clayton, who was then 
 senior surgeon ; he forwarded it to Colonel Thurlow, who was then commandant 
 of the po,?t at Andersonville, and it waa referred to Captain Wirss for remarks ; 
 when the paper was returned to Colonel Thurlow I am not able to say, but it 
 never came back to me ; no indorsement was put upon the paper, but a reply was 
 made in a communication from Captain Wirz, which reply made it necessary for 
 Dr. James to find out what were the oiders ; in other words, it made it necessary 
 for us, as medical officers, to know the relations which we held with the officers 
 of the post ; we found from, the orders that we held no power, that we had, you 
 may say, no rights, and that if Captain Wirz felt disposed to do any thing in the 
 hospital which his orders allowed him to do, (and they gave him almost absolute 
 power,) he could do it without consulting a medical officer. 
 
 Q. From whom did he get that authority ? 
 
 A. From Brigadier General John H. Winder. 
 
 Q. What was General Winder's status there at that time ? 
 
 A. He was not there at that time. 
 
 Q. Where was he ? 
 
 A. I do not know ; he made his headquarters at Millen ; I do not recollect 
 where he was then, whether at Columbia, Florence or Savannah. 
 
 Q. Do you know anything of the prisoner putting men of the hospital in 
 stocks, or exercising his command over attendants at the hospital ? 
 
 A. I saw one instance, and I am fully convinced in my own mind of another. 
 
 Q. Give the instance you saw. 
 
 A. That was the case of the young man to whom I have just alluded, the 
 chief clerk of Dr. James, who was bucked ; he was sitting outside the gate as 
 I rode up to the hospital one morning ; I inquired the cause, and was told Cap- 
 .tain Wirz had ordered it. 
 
 Q. Do you know the reason why the man was bucked ? 
 
 A. I knew it from that communication which I have mentioned. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I understood that there was a dead-line around the hospital ; the understand- 
 ing! had of it was that prisoners passing it should be shot; one of my patients 
 was shot somewhere about the latter part of 1864, or the first of 1865 ; I don't 
 remember exactly.; the man was killed ; he lived hardly three minutes ; he was 
 shot through the heart ; I examined him afterwards ; I did not see him shot; it 
 happened before i arrived at the hospital in the morning. 
 
 THE HOSPITAI.. PU.ND, 
 
 Cross-examined 'b-y Counsel : 
 
 I cannot give you the date when this fund was instituted or created ; when I 
 went to Atlanta on the 24th .of June, 1862, it was being used there ; I do not 
 
TEIAL OF HENEY WIEZ. 85 
 
 know how long before that congress had passed an act creating the hospital fund ; 
 it was long before I went to Andersonville ; I can tell you when it ought 
 to have been established there ; I was not there at the time ; I found it in 
 exercise when I went there ; there was some money drawn ; I know that 
 the amount of the hospital fund was not drawn ; I cannot state what amount 
 was drawn ; the orders for that fund were drawa on the commissary ; I did 
 did not see the orders ; I know they were drawn in this way ; I could not 
 have got the few delicacies that I did get if they had not been purchased 
 by this hospital fund ; the chief surgeon paid me for some articles of a 
 private character which I sold him for the hospital, and he told rae that he paid 
 me out of the hospital fund ; I have no idea what amount of it was drawn ; I 
 know it was more than ten dollars ; I know of five thousand dollars having been 
 drawn; it was confederate money; I do not recollect the price of gold at the 
 time ; there was $aO for $1 paid for greenbacks at Andersonville ; I presume 
 that was in February or March, 1865, at the very latter end of the confederacy ; 
 I know that the money ought to have come from the commissary general in 
 Richmond ; Dr Clayton, tlie chief surgeon, drew what I saw drawn ; we had 
 no control of the hospital fund, and did not even have an opportunity to examing, 
 the hospital fund book; that book was kept by the chief surgeon; Captain 
 Wirz had nothing to do with it whatever ; he was not to be blamed if the chief 
 surgeon did or did not get the hospital fund. "^ 
 
 AUTHORITY OF WIBZ OVER THE HOSPITAL. 
 
 Captain Wirz had authority, not to control the surgeons, but to control the! 
 administrative duties inside the hospital, which we ought to have had auihority 
 to control. That was given tn him by his orders. He did not exercise it ex- 
 cept with the attendants. If he wanted to make a detail of patients outside, 
 or to parole a man, he did not invariably consult the ofScer in charge. He 
 almost invariably consulted with the medical officers when he exercised control 
 over their administrative duties ; he could have done, with those orders, any- 
 thing with the prisoners ; he could have been more severe, and his orders would 
 have protected him ; I was there from the first of September, 1864, until the 
 last of April, I860 ; I only saw Captain Wirz exercise severity in one case that 
 came under my personal observation ; I did not see him then, personally ; the 
 bucking was the only instance ; I was there before Dr. Clayton came ; the 
 management of affairs was materially benefited after he came ; Captain Wirz 
 was there before and after Dr. Clayton came ; I think the surgeon who was 
 there before Dr. Clayton came could have done as well as Dr. Clayton did: 
 Captain Wirz exercised no control in that respect over the good effects of Dr. 
 Clayton's administration, any more than over the bad effects of the other sur-; 
 geon's administration ; the fault was with the surgeon. 
 
 August 29, 1865. 
 
 medical testimony. 
 
 Dr. B. A. Vaxdeekieft, surgeon United States volunteers, for the prose- 
 cution : 
 
 CONDITION OF RETURNED UNION PRISONERS. 
 
 I am an duty in Baltimore, in the medical director's office ; I was on duty at 
 Annapolis, in the capacity of surgeon in charge, from the 26th of May, 1863, 
 till the 28th of May of this year — for two years. While on duty there, I had 
 occasion to examine and treat and direct in regard to the treatment of returned 
 prisoners. I had under my charge and observation a great many prisoners 
 from Andersonville — I think nearly two thousand. Most of the men, I may 
 
86 TRIAL OF HENRY WIRZ. 
 
 say all, with very few exceptions, arrived in a very destitute condition — reducedi 
 suffering from chronic diarrhoea and scurvy, some of them in a dying condition; 
 and some of them died a few days after they arrived there, and all of them 
 were obliged to remain a long time in hospital before they were able to return to 
 their homes on furlough. Those who did recover were obliged to remain for 
 some time in hospital. The disease which resulted in death, more than any 
 other disease, was chronic diaiThoea. I learned from all the prisoners re- 
 turned from Andersonville that they were very much exposed there — that the 
 food they got there was insufficient in q^uantity and of very bad quality. It ia 
 ^known that exposure to wet and cold and a sudden change of temperatgre very 
 easily produce diarrhoea under, ordinary circumstances ; but such a diarrhoea, 
 if well treated, or even when the patient is not longer exposed to cold and wet, 
 may be cured in a few days ; but here there was no attention, or very little. 
 But few men were admitted to the hospital. They were still exposed to cold; 
 the food given them was of an inferior character, not to be assimilated ; con- 
 sequently these men died afterwards of starvation. The symptoms and con- 
 dition of the patients presented to me this state of things. 
 
 (A photograph was here shown to witness.) 
 
 This photograph presents a true picture — a fair picture of a Union prisoner 
 who had been for some time in a rebel prison. I have seen hundreds of them — 
 perhaps thousands. I have seen some cases worse than this ; still this is a very 
 fair pase. There were a great many cases of this character from Andersonville. 
 This presents a true picture of many of them. 
 
 (The photograph was here put in evidence.) 
 
 I made a careful examination, and give the opinion I have just expressed as 
 a professional opinion. 
 
 Cross-examined by Counsel : 
 
 I have no decided home ; I am in the army ; I was educated in Holland ; I 
 was at medical institutions at Utrecht, at Paris, and at Berlin ; I am a regularly 
 educated physician ; I was captured as a prisoner of war, bat released immedi- 
 ately ; I was never within the lines of the southern confederacy ; all I know 
 about the condition of the prisoners there is from hearsay, repeated always ia 
 the same way by prisoners captured at different times. I know in an official 
 way that the prisoners came from Andersonville ; there was a list on board 
 stating that the persons came from there ; it was an official report ; there was 
 an official list— not always, but most of the time. I could not give any num- 
 ber that were so bad, they were so many — a very large number indeed. I 
 know by official report that all those who were so very bad were from Ander- 
 sonville. I never saw the original of that photograph, but of hundreds and 
 hundreds quite the same ; I do not know whether the original of that photo- 
 graph came from Andersonville ; I know nothing about this photograph at all 
 in this special case ; I do not know whether it was taken from the original or 
 whether it was made up ; I do not know that such a skeleton can be made up 
 without having the original ; I do not know that one bone can be put together 
 by the side of another, and in that way a skeleton made up and a photograph 
 taken ; 'but there are bone and skin here — theire is more than bone here ; I think 
 it represents a living person ; I know that in no other way than by seeing it. 
 I do not know the prisoner at the bar ; I heard very often prisoners complain- 
 ing of the jailer at Andersonville, but they never mentioned his name ; I know 
 nothing of him myself. 
 
 August 29, 1865. 
 
 M ARTIN E. HoGAN, for the prosecution : 
 
 I have been in the military service of the United States— in the first Indiana 
 cavalry. I have been a prisoner four times during the war ; I was a prisoner 
 at Andersonville; I arrived there on the 6th of August, 1864; at the time of 
 
TRIAL OF HENRY WIRZ 87 
 
 my arrival Captain Wirz was sick and Lieutenant Davis was in command ; to 
 the best of my knowledge Captain Wirz took command in about a week after 
 that. 
 
 CONDITION OP THE PRISONERS, IN THE STOCKADE. 
 
 I only know from hearsay as to the number of men in prison while I was 
 there, about 25,000 or 30,000 ; the stockade was crowded ; there was no space. 
 A great many of the men were as nearly naked as could be. As to fuel, I saw 
 none there only occasionally, when two or three wagons would come in with a 
 stick of wood on top ; I have seen the sergeants of squads go out with a squad 
 of men occasionally and bring in wood. There was no shelter whatever, only 
 what the men made by digging holes in the ground and by using some blankets 
 and some of their garments. I cannot say what number of rebel troops were 
 at the post while I was there — two or three regiments. I saw negro prisoners 
 and negro workmen outside ; there were a good many negroes who came to work 
 every morning, building the outside stockade ; I would say there were from 
 thirty to fifty. The health of the prisoners was very bad indeed when I go^ 
 thei'e ; the men were about as miserable as men could be ; I was taken out the 
 next day to the general hospital and assigned to the duty of drawing medicine 
 for the first division ; I only had access to the stockade when I was returned to 
 it some time afterwards. At the time of my arrival there the stockade was very 
 much crowded, so much so that you could scarcely elbow your way through 
 the crowd in any part of the camp. I noticed that a great many of the men 
 were lying helpless on the ground, seemingly without care, without anybody to 
 attend to them, lying in their own filth, a great many of them calling for water, 
 and a great many crying for food, nobody apparently paying any heed to them. 
 I noticed a great many there almost entirely destitute of clothing lying out in 
 the cold, with nothing to shelter them from the storm or sun — so numerous that 
 I could not begin to say how many. I never heard Captain Wirz give any 
 orders to shoot prisoners ; I never saw any man who had been shot there. ^ 
 
 CONDITION OF THE WATER. 
 
 At the time I arrived there, being in the heat of summer, the water that ran 
 through the stockade was very low. There was only a very small stream run- 
 ning through the centre of the little channel or creek ; the water was muddy, 
 and the filth of the camp, when any rain or freshet would come, washed right 
 into it ; it produced filth in every form, to the extent that the water was not fit 
 to drink, nor in fact fit to wash in. I have often seen masses of maggots on the 
 banks of the stream ; I saw filth of every sort there. 
 
 THE SUPPLY OF WOOD. 
 
 There were thick pine woods in almost every direction ; it was a timber 
 country. There was timber within easy hauling distance, enough to supply 
 that camp and more. 
 
 THE RATIONS. 
 
 The ration consisted of corn-meal of a very inferior quality, appearing as if 
 corn and cob had been ground together and unsifted ; it was generally half 
 baked, soft, and sour. Beef of a very inferior quality came in there in small 
 portions ; the men did not get much beef. The rations were entirely inade- 
 quate to keep the men from being always hungry. They were ever crying from 
 hunger, or calling for something to eat. The rations were cooked partly in the 
 cook-house. In the hospital we received the meat raw, and also the rice. There 
 were two cook-houses outside, and they generally cooked and baked in them ; 
 I have seen bread come from both. Bread was about the only thing that was 
 cooked outside for the hospital. 
 
88 TBIAL OF HENET WIRZ. 
 
 THE SUPPLY OF VEGETABLES NEAR AIMDERSOMVILLE. 
 
 We could not get any vegetables in the prison ; thi-re was plenty of corn — 
 
 large cornfields — and other vegetables. I escaped from prison and struck for 
 
 the Chattahoochee river, and there I catae across very fine corn-fields withia 
 
 fifteen miles of the prison. I saw melons and apples, beans, tomatoes, &i',. ; I 
 
 jio not remember seeing any peaches. 
 
 CONDITION OF THE PRISO.VERS IN THE HOSPITAL. 
 
 The general hospital was outside of the stockade. At the time of my arrival 
 there, Surgf on White was in charge of the post ; Surgeon Stevenson airived 
 soon afterwards. I had nothing to do personally with Dr. White ; I was under 
 the immediate charge of Dr. Eiland, and some time afierwaid I was appointed 
 federal steward, in charge of the second division. I saw very little of Dr. White 
 in his official capacity ; he seemed to pay but little attention to the hospital. 
 He was very seldom there that I saw. Sometimes he would ride there in his 
 bijggy. Diarrhoea and scurvy were prevalent there — scurvy seemed to be the 
 principal disease. The limbs of those afflicted with scurvy were diawn up, 
 contracted ; they were crippled, and some could not stand at all. Snch cases 
 were very numerous indeed. There was a separate hospital some distance from 
 the camp for small-pox cases. 
 
 BODIES OF UNION PRISONERS DISSECTED. 
 
 I never saw any inspecting officer of the rebel government — there was noth- 
 ing of that sort there. I saw one doctor who came down there searching after 
 medical science. That was the only thing of that sort I ever saw there. He 
 did not examine into the condition of the prison. He erected a dissecting room 
 there, and went at dissecting; that is all I saw of liim. The dissecting room 
 was just outside of the hospital, within about fifty feet of the walls It was 
 composed of boards nailed up roughly and a sort of canvas thrown over it. I 
 was in there in attendance on some of the doctors while they were dissecting. 
 I saw them dissecting several bodies ^ there. They were the bodies of federal 
 prisoners. I saw them saw the skulls of men in two ; 1 saw them saw the 
 skulls off and open the bodies in that dissecting room. It continued four or 
 five days, to the best of my knowledge. 
 
 THE DOGS. 
 
 ' I saw bounds that were used about there ; I have been captured myself and 
 brought back by them — not, however, by the bounds used in that hospital — I 
 was brought back by an outside pack of hounds. There were patrols of hounds 
 around the stockade for eighteen miles. The pack there I saw every morning. 
 They were under the charge of a man named Turner. I have seen the prisoner 
 when they were trying to strike the trail of escaped prisoners, riding around on 
 I his gray mare and assisting. 
 
 THE STOCKS. 
 
 f 
 
 I escaped from the prison about the 8th of October, and was captured about 
 two days afterwards and brought back. After some of the most profane abuse 
 from Captain Wirz that I ever heard from the lips of man, I was ordered into 
 the stocks. I was fastened at the neck and ankles and left for sixty-eight hours 
 without any food. I got food, but I heard him give the order that I should 
 not have any. Comrades who were paroled stole the food to me. I have seen 
 very many in the stocks. There were three comrades with me when I ^tTied to 
 : escape, and they were fastened in the stocks at the same time that I was. I have 
 
TRIAL OF HENKY WIEZ. 89 
 
 seen men in them for various oiFences. I have seen one man put into the stocks 
 for being abused by a confederate, and because he had manhood enough to assert 
 his rights. I did not see any chain-gang there ; that was before I arrived there. 
 
 WmZ KNOCKS A PRISONER DOWN AND STAMPS ON HIM. 
 
 I saw Captain Wirz at the time the prisoners were being removed from An-"^ 
 dersonville to Millen take a man by the coat collar because he could not walk 
 faster. The man was so worn out with hunger and disease that if he had got 
 the whole world, I do not think he could move faster than he was moving. 
 Captain Wirz wrenched him back and stamped upon him with his boot. The 
 man was borne past me, bleeding from his mouth or nose, I cannot say which, 
 and he died a short time afterwards. When I speak of Captain Wirz, I mean, 
 the man sitting there, (pointing to the prisoner.) I have no doubt of his iden- 
 tity. I should know him anywhere. The prisoners commenced to move from 
 there from the 5th to the Sth of September, 1864, and this occurred inside of a 
 week from that time. It was some time in the early part of September. 1 can- 
 not say within two or three days what date it was. 
 Cross-examined by Counsel : 
 
 I enlisted on the 9th of June, 1861, and I was mustered out on the 11th of 
 February, 1865. I was not serving with my regiment all the time, but as one 
 of tlie independent scouts in the army of the Potomac, at General Meade'a 
 headquarters. I served in the cavalry up to the early part of 1862, when I was 
 transferred to General Sigel's headquarters, and was connected with a company 
 of scouts. I was captured on the 3d day of March, 1864, and escaped on the 
 ]2th of December of the same year. I was not in the Andersonville prison all 
 that time ; I was four months and six days in Richmond, and was removed 
 from there to Andersonville, and escaped on my way there by jumping from 
 the train. I was recaptured and taken to Salisbury, where I stopped some 
 time, and arrived at Andersonville on the 6ih of August. I cannot remember 
 that Captain Wirz ever did me an act of kindness. Yes, I remember now one 
 occasion. I don't know whether he did me an act of kindness or not. He 
 said ho did, and I of course took his word for it. I requested to be per- 
 mitted to send a letter to General Kilpatrick, for I felt sure that if he 
 knew that I was there, he would give me a special exchange. Mr. Mclntyre, 
 of Indiana, wrote to General John A. Logan, and I to General Kilpatrick. I 
 understood afterward that Captain Wirz had forwarded the letters. I never 
 heard of them since, whether he did or not. General Kilpatrick, I know, never 
 got my letter, because I have seen him since. Captain Wirz never offered to 
 get me exchanged ; I would have taken the chance in a big hurry. He told 
 me to go to a particular place, as I would be exchanged sooner ; he sent me to 
 Millen. The doctors took me out and had me paroled. Dr. Mudd acted as a 
 friend to me. The moment that Dr. Mudd's back was turned Captain Wirz 
 took me and started me off. When I got to Millen, instead of having more 
 chance for exchange, (whether they had specially marked me or not,) there are 
 men in this court who can testify that I was, by the commander of the post, 
 marked, and while other men were let out without any trouble I was held back. 
 I do not know the reason of it. I do not know that it was because I was sus- 
 pected of breaking my parole. I do not think it was. Captain Wirz appa- 
 rently showed a disposition to help me get an exchange; but I afterward saw, 
 at least I inferred afterward from the way I was treated, that I had been de- 
 ceived, both by him and the rest. I was not nearer our forces when I was at 
 Millen. I was not more accessible to an exchange, because at that time they 
 were sending up detachments to Atlanta, and they sent 'me entirely the other 
 way, where they thought Sherman would never come. If there had been a 
 special exchange from the source I anticipated, most assuredly it would have 
 
90 TRIAL OF HENKT WIEZ. 
 
 come from Atlanta, where Sherman was, rather than along the Atlantic coast. 
 I consider that if I had remained at Andersonville, there would have been more 
 chance of my being released. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I had seen cold nights while I was at Andersonville ; it was never excessively 
 cold. It was cold, but if a man was warmly clad he would not feel it. I have 
 seen frost there ; I call it cold when it freezes. I have seen prisoners m the 
 morning when their hair was white with the frost. They were lying in the 
 mud and on the frosty ground without a bit of shelter. The ground was never 
 frozen hard; but I have seen a slight ice — the ground just crusted. I have seen 
 our prisoners lying there in November. I have seen them in the latter part of 
 October and in November, before I left. I have seen them out in all weathers, 
 such as the weather was, cold and warm. There was, I should judge, a hundred 
 out for one' that was sheltered. 
 
 CONDITION OF THE WATER. 
 
 I never drank water from the brook in the stockade. I have seen hundreds 
 take water to use from the upper end, the cook-house end of it, very frequently, 
 daily, minutely. At a rough guess I should say that the dead-line was from 
 fifteen to twenty feet from the cook-house end where it crossed the brook. 
 Sometimes there would be such a crowd there, everybody clamoring for a drink 
 of water, that some poor fellow would run his cup under the railing. The only 
 object I could see for reaching through there was to get the water a little more 
 clear. The water above that was not comfortable ; there was no part of it that 
 would be comfortable to drink in the whole brook, I think. 
 
 THE SUPPLY OF WOOD. 
 
 I never went out in any squads ; I have seen others go out; I was there for 
 months, and I saw guards go out at intervals, almost daily. Detachments were 
 generally divided into messes, and there was generally one from a mess that 
 was called out; I cannot say what were the numbers. I have seen them in 
 larger and smaller numbers, sometimes not over four or five, and at other times 
 as high as thirty or forty. I don't know that I ever saw a gang of sixty or 
 seventy. I don't know what their intentions were in going out ; I have seen 
 them come back with wood on their shoulders, and I have seen them carry out 
 the dead. They had no axes with them — no axes were allowed them. The 
 trees were cut down and the branches had I'otted, and they picked up such as 
 they could. I was taken away from there in November^ I had a chance to see 
 these squads both as I was outside at the hospital, and the few hours that I was 
 inside. When I came back to the stockade the second time, the numbers had 
 been a great deal reduced there. The men had been sent away to other pris- 
 ons, and there were comparatively few there. I went away some time in the 
 early part of November. 
 
 THE STOCKS. 
 
 I attempted to escape from Andersonville only once. That is the time I 
 referred to in my direct examination ; that is the only time I attempted to es- 
 cape from there. I simply walked out of camp ; I did not run away, I walked; 
 I did not ask anybody's leave ; I was recaptured two days after and brought 
 back. I was not exchanged at last — I escaped. When I did finally escape I 
 escaped from Thomasville, Georgia. I was gone about forty-eight hours when 
 I was brought back to Andersonville. Three others escaped with mej I made 
 
TRIAL OF HENRY WIKZ. 91 
 
 my escape from the hospital ; I was not under guard when I left the hospital. 
 I was brought out to the hospital to act as an assistant; I was allowed liberty 
 there more than any one else, because I had the good fortune, I suppose, to be 
 one of the lucky ones. I never gave a parole, as 1 supposed. One of our own 
 prisoners, named Martin, who was Captain Wirz's clerk, asked me, when I came 
 out, if I wanted a parole. This was in Captain Wirz's tent. I said yes; he 
 shoved a paper to me and asked me to sign it ; Captain Wirz was not present, 
 nor any confederate officer ; I put my name to the paper without reading it or 
 being asked to read it ; and Idid]uot consider it a parole. I should not consider 
 it a parole if a confederate officer was not present, even if I had read it. I 
 should not consider the act binding if Captain Wirz was not present. Not a 
 word passed between Captain Wirz and me on the subject. I did not observe 
 the parole any. I remained in the hospital until I had my plans matured for 
 escaping. As to the parole, I never gave it a second thought. An officer who 
 had sense enough to command a post like that, should have known better 
 than suppose it was a parole. I cannot say whether Captain Wirz was re-, 
 sponsible for my escape. I do not know whether he was responsible or 
 not. I suppose he would be held accountable for me ; I cannot tell whether 
 I consider him so. I should not blame him for my escaping, because I have no 
 doubt that if he knew I was escaping he would not let me. I spoke of two acts 
 of cruelty committed by Captain Wirz — one perpetrated on me by putting me 
 in the stocks. He directed it to be done, accompanied by a volley of oaths. 
 When I escaped, I took a knife to protect myself from hounds — a doctor's knife — 
 a good big one — I took nothing else. I did not take a pistol. One of my com- 
 panions had a revolver which he had brought into camp when he was captured ; 
 he had concealed it, and he took it along. He used it on a man named G-aines, 
 who followed us with a pack of hounds. We did not shoot him ; we most cer- 
 tainly tried to shoot him ; we most certainly, all of us, attempted to defend our- 
 selves. I hadn't an opportunity to use my knife. I would certainly have used 
 it in self-defence, I do not know whether I was put in the stocks for the at- 
 tempt to escape and the assault on our pursuers ; I should say, from the manner 
 in which Captain Wirz received me after my return, that he put me in the stocks 
 for nothing else in the world, but personal revenge for getting away from him. 
 I did not give any parole; I signed a paper but I signed no parole. 1 did not 
 look at what I was signing, and it was not my business when they didn't ask 
 me, 
 
 Q. Do you believe that you could have gone out of the stockade without 
 signing that paper ? 
 
 A. I do not know the regulations. 
 
 Question repeated. 
 
 A. I am not able to say. 
 
 The Assistant Judge Advocate objected to the question as irrelevant, 
 and, also, as tending to make the witness criminate himself in breaking his 
 oath. 
 
 After deliberation, the objection was overruled. 
 
 Question repeated. 
 
 A. Suppose that they would expect a man's word, in some way, to give him 
 permission to go at large in the camp. If I had signed a parole of honor, I 
 would not have broken it. If they, overlooked it, and gave me the privilege to 
 walk through the camp, it was their lookout, not mine. I took the best chance 
 for escape. I did not consider, when I signed that paper, that I was giving my 
 parole. It isn't for me to say what they expected. I did not feel in honor 
 bound to observe it for I did not know what I was signing, and I was not asked 
 to know what I was signing. 
 
 Q, What did you think you were signing when you signed that paper 1 
 
 The Assistant Judge Advocate renewed his objection to these questions. 
 
92 TRIAL OF HEXEY WIEZ. 
 
 Counsel for the Accused. We have a right to show why this seventy 
 was shown to witness. 
 
 After deliberation, the objection was overruled. 
 
 Witness. I expected they would give me a regular parole. I am some- 
 what acquainted with the form of a parole. I have seen others paroled. ^ I 
 have seen some few paroled by the confederate authorities, but the majority 
 were paroled by our own men — by clerks. I have seen a crowd there for the 
 purpose of being paroled. I did not see them get paroled. I have seen them 
 walk away, but I do not know as to their expectation of having been paroled. 
 I do not know whether it was understood that they had been paroled. I did 
 not give it a thought. I did not expect that a fellow-prisoner could parole me, 
 and consequently I waited for something further — until they told me I was 
 free. I do not know that I ever saw anything additional to what I received 
 given to any one else. I never noticed enough to answer the question. I got 
 a pass, afterwards, to go at will. The steward of the division brought the pass 
 to me. He said he got it from Captain Wirz. I applied for the pass to Mr. 
 Hopkins, a federal soldier, who was in charge of the division in which I wag 
 medical quartermaster. I told him I would like to have a pass to get outside — 
 nothing else. He went and got the pass for me. I was not there, and caDnot 
 tell what representations he made by which I should have a pass. I made no 
 representations to him but that I desired to get outside. I gave him no reason. 
 He was a particular friend of mine, and he got it. I cannot say that every 
 soldier could have done that thing as easily if he had a friend ; all friends have 
 not the same influence ; perhaps he might if he had a friend with sufficient. All 
 that a person wanted to get outside was to have a friend of sufficient influence; 
 it took a big friend, though. In order to get a person out of the stockade, I 
 suppose he commenced to act with minor officers till he got up to the head. I 
 entered the hospital on the 8th August, and made my escape on the 8th or 9th 
 October. It was a confederate surgeon's knife — a scalpel — that I had with 
 me. He did not lend it to me. I did not ask him. I felt that I had a right to 
 take any weapon that I could find, to defend myself. I do not know of his 
 having complained that I stole his knife. I was brought back before midday, 
 and it only took time for the captain to give me a good cursing before putting 
 me in the stocks. The other parties who went with me were put in the stocks 
 too. I was kept in the stocks sixty-eight hours. I did not make any threats 
 when I was captured. I knew it was useless. I did not make any threats to 
 Captain Wirz when I was brought before him I stood quietly by, and said 
 nothing. Neither of the other soldiers of the squad made any threats. They 
 did not make any resistance to those that captured them. We were entirely 
 defenceless against the party that captured us We had only five loads in the 
 revolver at first, and we had fired them at the first party that attacked us, and 
 they left us alone. The next squad was thirty-five men, witli four packs of 
 dogs. We had no running fight ; we had a run without a fight. I diti not fire 
 the five loads. The man who had the pistol fired at the man who was sending' 
 the dogs after us. After we were taken out of the stocks, I was sent back to 
 the stockade ; and, in a few days afterwards, Dr. Mudd requested me to take 
 , charge of the inside hospital, which I did. I was brought out again on parole, 
 \ and I kept that parole. I was paroled then as I ought to be. Putting me in 
 the stocks did not teach me a lesson ; but I held a parole of honor, and, as a 
 soldier, I was bound to keep it. I did not understand what I was put in the 
 stocks for. I understood it to he more from personal revenge than anything 
 else, for trying to get away from them. I don't think he cared much whether 
 we killed those fellows outside or not. I understood it was for my punishment, 
 but not for trying to fight my way out. Captain Wirz never assaulted me be- 
 fore that. I never came in contact with him before. I consider that it was for 
 my punishment, and in the heat of his anger for my fooling him, by getting 
 
TRIAL OF HENRY WIRZ. 93 
 
 away from him. I have seen him angry every day in the week, almost. I 
 never saw him angry with me before, because I never had anything to do with 
 him personally. He was never particularly angry with me afterwards. His 
 action gave me the right to suppose that he wished to be revenged on me. I 
 know nothing about the punishment of prisoners who escape, and attempt to 
 overpower their pursuers. So far as I understand a soldier's rights as a prisoner 
 of war, he has a perfect right to get out, even at the cost of killing every guard, 
 if he can ; not after having given his parole. I consider that a soldier ought to 
 keep his parole. I did not meDu to impose on that person at the desk. I knew 
 he was not responsible, as a federal prisoner, for anything of the sort. 
 
 WIEZ KNOCKS A PRISONER DOWTN AND STAMPS ON HIM. 
 
 I cannot exactly say how long I had been there before I first saw Captain 
 Wirz ; only a lew days. I do not think it was two weeks ; it was not long ; I 
 cannot say how many days. The first time I ever saw him he was riding on 
 his horse, and was pointed out to me as Captain Wirz. It was an old gray mare. I 
 never saw him riding any other horse. He always rode the old gray mare. I don't 
 remember what kind of a mane it had. I know that it had a very thin tail. It's tail 
 was not black. I cannot say as to the mane ; it was more white than it was gray. 
 I cannot tell what horse-racers would call it. It was neither white nor gray. 
 When I saw Captain Wirz he was dressed in a military suit ; I suppose it was 
 what they call a confederate suit. I did not see anything to designate his rank. 
 He wore a short jacket, and a small light cap. He wore a gray uniform. It was 
 what I term gray ; it was what is known as the gray uniform of the confederates. 
 I am sure I would not mistake Captain Wirz for Lieutenant Davis. Lieutenant 
 Davis is a young man — not older than myself. It would be a very great blunder, 
 indeed, to mistake one for the other. They do not look anything similar. I 
 would not think I was mistaken if you told me Captain Wirz never had a gray 
 uniform. I know that he wore a gray uniform ; I am sure of it. I did not see 
 Lieutenant Davis very often. I cannot say that I remember how he was dressed. 
 One part of his dress, which was plainly seen, was a black feather in his hat. 
 That is all that I can tell you. His hat was a black one. Captain Wirz wore a 
 cap ; that was gray, too — a small gray cap ; apparently a sort of a military cap. 
 It was in the earlier part of September that I witnessed the act of violence of 
 which 1 have spoken. It was upwards of a week, perhaps, after the 5th ; I would 
 not say positively. It was on or about the middle of the month. It was about 
 the time the prisoners were being removed ; they were being removed about that 
 time. This man was one of those who was being removed. They were sending 
 them to the cars. I know of that train of cars breaking down. I went up there 
 by the request of one of the doctors. I did not see Captain Wirz there. I saw 
 him at his house, as I passed on my way. He had a large cloak thrown over his 
 shoulders, and was walking around there, doing nothing as I could see. I cannot 
 remember, exactly, if he looked as if he had been sick. I should judge he had 
 the large cloak on to keep the night air off him. This was in the month of Sep- 
 tember, and I know that he wore a large cloak. I do not know whether a 
 healthy man in that climate wears a large cloak in the month of September. I 
 was not a resident there long enough to speak as to their style of dressing. 
 
 August 29, 1865. 
 
 Joseph D. Keyser, for the prosecution : 
 
 I have been in the military service of the United States, in the 120th New 
 York. I was taken prisoner at James City, Virginia, on the 10th of October, 
 1863. I was taken from Eichmond to Andersonville in February, 1864 ; I 
 got there in the latter part of February. Captain Winder had command until 
 some time in March. 
 
94 TRIAL OF HENRY WIRZ. 
 
 CONDITION OF THE PEISONEKS IN THE STOCKADE. 
 
 r 
 
 When we arrived at the prison it was only partially completed. We were 
 confined to the north side of the prison, the south side not being completed. 
 The prison had no shelter in it. The trees had all been cut down in the enclo- 
 sure. There was a sufficiency of wood there, and the water at that time was 
 very good. I arrived there among the first load — about four hundred prison- 
 ers were there at that time. There continued to be a sufficiency of wood and 
 water for about the first month we were there. As the prisoners commenced 
 to come there more thickly, the wood began to get scarce, and, in consequence 
 of the rebel camp being above on the stream, the water became filthy ; but we 
 were obliged to use it, as we had no means of digging wells in the prison. 
 Quite a number of the men were healthy when they came there, and remained 
 so for the first few months. There was no considerable sickness from the time 
 we arrived there until May, 1864. Then the men began to get sick quite fast, 
 and died off quite rapidly in June, July, and August, 1864 — of diarrhoea, dys- 
 entery, scurvy, and gangrene. I do not know the number of troops statio'ned 
 there as a garrison ; I should judge from three to four or five thousand. When 
 I first went there I saw quite a number of negroes employed about there. I 
 ' have seen them cutting wood in gangs. 
 
 TREATMENT OF THE SICK. 
 
 There was not very good care taken of the sick ; at least there was not mucli 
 furnished to them. There were no means adequate to take care of the number 
 of sick that were there at the time. There were only a few tents furnished, 
 and In those there were no bunks. The patients were compelled to lie on the 
 ground. The food was insufficient to sustain life for any great length of time, 
 as regards its quality and quantity. When we first went there we had a suffi- 
 ciency of medicines, but, as the sickness increased, the medicines became 
 scarce, and were not adequate to supply the wants of the prisoners. I was 
 ' put in charge of the sick, as hospital steward. Dr. White was the surgeon 
 there at that time. I did not think that he took special interest in the sick. 
 He would generally leave it to some of his assistants to look after them and 
 attend to the condition of things. I have seen cases of small-pox there. The 
 first case was one that broke out there a few days after we arrived. They had 
 then one tent for a hospital. Five men were confined in that tent, and that 
 man with the small-pox was confined with them. He remained there, I think, 
 until he died. 
 
 THE RATIONS. 
 
 When we first arrived there, the rations appeared to be much larger than they 
 were at a subsequent period. We received more bacon and corn-meal. The 
 quality of the corn-meal was very indifi"erent; it had the appearance of being 
 ground up — the cobs and corn together. The rations were cooked by the pris- 
 oners until some time in April, when the cook-house was completed. The 
 cook-house was on the west side of the stockade, about two hundred yards 
 from it. Its drainage went into the creek and passed through the stockade. 
 There was not a very large supply of vegetables while I was there. Occa- 
 sionally we had a small quantity which were cooked at the hospital and dis- 
 tributed to the sick. The quantity was very small and inadequate to the wants 
 of the prisoners who were sick, especially those who were laboring under scor- 
 butic diseases. 
 
TRIAL OF HENRY WIRZ. 95 
 
 INSPECTION OF THE HOSPITALS. 
 
 There was an inspection made of the hospitals, I think, in the latter part ^f 
 July, or first of August. There was an inspection made there by a confeder- 
 ate major. He expressed himself as horrified at the condition of the prison. 
 He made an estimate of the average life of the prisoners. He said, in my 
 presence, that the lives of the prisoners would average 385 days from the time 
 they entered there. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I have seen Captain Wirz at his office. I have frequently heard him give 
 orders to the guard to shoot anybody who passed over the dead-line. I have 
 seen men immediately after they were shot. I have seen the sentinels who 
 shot them immediately after they had shot them. My reason for supposing 
 they had shot them was, because I knew of no fire-arms being in the hands of., 
 our prisoners around where the men lay who were shot. In one instance— I ; 
 think it was in April or May, 1864 — we had received our express-boxes from 
 the north, and some of the men had thrown out under the dead-line pieces of 
 mouldy bread and cake. This man had one hand on the dead-line, and was 
 reaching under to obtain some of those pieces of mouldy bread or cake to eat, 
 and was fired on by the guard and shot through the head. He was killed in- 
 stantly. He was on the north side of the stockade; his body lay partly under 
 the dead-line after he was shot. In the other case I did not see the man shotj 
 but I saw him immediately after he was shot. He was brought to the hospital; 
 he had been shot by one of the guard, it was said. I did not see him shot. I 
 did not see him on the ground before he was taken up — not until he was taken 
 to the hospital. 
 
 THE DOGS. 
 
 I have seen a pack of hounds at that prison. I have seen Captain Wirz' 
 and a man named Turner bring them down to the hospital and start them round 
 it, to see whether they could find the trail of any prisoner who had escaped 
 during the night previous. I never saw them attack any prisoner — I nevMj 
 saw any person who had been bitten by them. 
 
 THE STOCKS. 
 
 I have seen the stocks. I saw them used in confining one of our prisoners — 
 in August, 1864. 
 
 THE CHAIN-GANG. 
 
 I have seen the chain-gang — I have seen men in it. I have seen about 
 twelve men confined with a ball and chain to one leg, and the chain to the other 
 leg reaching to a large ball in the centre of the gang ; and I saw iron collars 
 around their necks, with chains attached from one to the other. They were* 
 put ,there for attempting to m^ke tiieir escape, in some instances. I know ot 
 two who were put in there for that. The two that I refer to were kept there 
 about six weeks. I do not know of any person dying in the chain-gang. 1^ 
 know of one instance of a man dying in the guard-house with a ball-and-chain 
 on him. I do not know what he was confined for. 
 
 PRISONERS "bucked" BY WIRZ'S ORDER. 
 
 As a general thing I thought that Captain Wirz was rather overbearing, and 
 very profane and abusive in his language towards our men, on the slightest 
 provocation. I never saw him buck any man — I have seen men bucked by 
 his orders. I heard the orders given. 1 have heard orders given for men to 
 be backed. 
 
96 TRIAL OF HENRY WIRZ. 
 
 GENERAL JOHN A. WINDER. 
 
 I was not personally acquainted with General Winder; I have seen him 
 frequently. I have heard him give orders at the hospital. One day he was 
 riding down past there and quite a number of patients crowded up near the gate 
 to see him ; he told the men to stand back, and ordered the guard to fire on the 
 first man that approached nearer than fifteen feet to the gate. That was the 
 only order I ever heard him give. 
 
 Cross-examined by Counsel : 
 
 I remained at Andersonville from February, 1864, till September of the same 
 year. I remained in the stockade until the 24th of May, 1864, before I was 
 paroled. I was inside the stockade three or four months. I remained all the 
 rest of the time in hospital service outside. I have a copy of my parole in my 
 {Socket. (Witness here handed a paper to counsel.) This is not the parole I 
 actually signed, but simply a copy of it. I do not know whether it is the same 
 as all the other prisoners signed. I know of others signing the same parole. I do 
 not know of any other kind of parole in substance than this ; that is the only 
 one I ever saw. I never signed oc gave any other parole than t'lis. The 
 prisoners sometimes signed a parole, a great number of them, extending down. 
 I did not go into the hospital by giving my parole. I had charge of thehospital 
 inside the stockade without giving any parole. At the time I went into the 
 hospital outside, 1 gave this parole. 1 went into the hospital outside the stockade 
 by giving a parole. The patients were admitted in the hospital outside of the 
 stockade without giving paroles. I do not know whether a person could have 
 gone to take care of the patients without giving his parole. I know that prison- 
 ers acted there in the capacity of hospital attendants who had no parole. The 
 attendants were paroled when they went out of the stockade. I presume it was 
 always so, or meant to be so; I do not know. There was no promiscuous going 
 out of and into the stockade without a pass or parole. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 The man I spoke of as being shot was inside the stockade. That was before 
 I went to the hospital. It was a couple of months after I had been there. I 
 do not know of my own knowledge for what he was shot. I saw him before he 
 was shot — not immediately. I do not know where he was immediately before 
 he was shot ; I saw him lying on the ground immediately after he was shot. I 
 think he was lying in the same place where ho was shot — nobody had moved 
 him. Part of his body was lying inside the dead-line, and part outside. Quite 
 a number of his comrades were around him. They did not touch him that I 
 know of. I did not see Captain Wirz there. I never heard Captain Wirz 
 order any particular person shot. I never saw him commit an assault of 
 any kind on any individual prisoner. The orders to shoot were given to the 
 guards — the sentries. I heard them given half a dozen different times. They 
 were not given when the guard were receiving their oi ders generally — when 
 they were going on duty. I have seen him pass in between the deadline and 
 the stockade and give the order that if any man got inside the dead-line or got 
 on it, the guards should shoot him without ordering him away. I know nothing 
 about those rowdies or desperadoes who were spoken of yesterday by Sergeant 
 Corbett. I do not think that this man who was shot belonged to that party, 
 ^ome of those standing around spoke of his being shot. They did not say that 
 I he belonged to that squad. He was shot for reaching under the dead-line. I 
 think this took place in April or May. In my opinion I do not know that it 
 was necessary to be so strict to keep the prisoners from going beyond that line, 
 because there was no dead line there for six weeks after we went there. J do 
 
TRIAL OF HENRY WIRZ. 97 
 
 not think it was necessary to shoot the men when they encroached on it ; they 
 could have been ordered away without being fired upon. Tliia was only done 
 in one instance that I ever saw or heard of. I never knew of Captain Wirz 
 going beyond that line and taking the men back himself, telling them that if 
 they did not keep back they would be shot. It was not very difficult, while I 
 was there, to keep the men from going beyond that line — not while I was in the 
 stockade. I have seen a small portion of the line broken down. During th* 
 time I was in the stockade, I should judge there were about 20,000 prisoners. 
 The prison was crowded. It was not difficult to keep that line up, because the 
 men generally knew that if they got against the line they would be shot, and 
 they kept away from it, and were crowded in other portions of the stockade. 
 The dead-line went all around on the inside with the exception that there was 
 no line at the gates. It was on all four sides of the stockade — inside the stockade 
 all around with the exception of the gates and a portion of the time at the branch. 
 It was established after I went there — about six weeks I should judge, as near 
 as I can recollect. I never heard any reason given for the establishment of it. 
 It was established at the time when I understood General Winder was in com- 
 mand of the post. 
 
 THE DOGS. 
 
 I have heard Captain Wirz give direct command in relation to those dogs. 
 I heard him tell this man, Turner, who had command of them, to bring those 
 dogs down to the hospital. A man had got out on the south side. Turner 
 brought the dogs down there and started them around the hospital till they struck 
 the trail of the man who had escaped, and they followed that across the branch 
 and caught him in a few hours. Turner was at Captain Wirz's headquarters 
 when he gave him that order. Captain Wirz sent an orderly for him. The 
 man had gone the night before. I saw the dogs at that time ; there were from 
 six to eight. They were spotted hounds and one of them was a bull terrier. 
 I know what is generally called a fox dog. I do not think they were fox dogs. 
 They had yellow and brown spots, long ears, middling broad and flapping, and 
 a pointed head, rather of the hound style. I never saw a bloodhound. I do 
 not know what a bloodhound ig. I cannot say that these were bloodhounds — 
 they were not the common hound. I have seen what is called a fox hound. 
 I do not think they were fox hounds. They might possibly have been, but I 
 do not think they were. 
 
 By the Court : 
 
 I can tell a bull-dog from a hound and a spaniel from a fox-dog. I know 
 there is a particular breed of dogs known as bloodhounds. I never saw any. 
 I know in reference to them from hearing and reading of them. 
 
 THE STOCKS. 
 
 By the Counsel : 
 
 The man whom I saw in the stocks was put there for making his escape froiri^i 
 the prison. I think he went from the stockade. I saw him in the stocks about 
 ten hours — from the time I first saw him in the morning, until I saw him again 
 in the evening. It was in the latter part of August, 1864. I saw Captain Wirz 
 order this man put in the stocks. He was at his headquarters at the time. 
 The man had just been brought back under guard for making his escape. He 
 was alone — I do not know how long he had been out. I think I heard him say 
 at that time how long he had been out, but I do not remember bow long he said. 
 I do not know who brought him back — I think it was a confederate from his 
 uniform. There was only one guard. I heard Captain Wirz call the prisoner 
 "a God-damned Yankee son of a bitch." After Wirz used this language to the 
 
 H. Ex. Doc. 23 7 
 
98 TRIAL OF HENRY WIRZ. 
 
 man he was going to speak back, when Captain Wirz prevented him by pointing 
 a pistol at him, and he told him he would fix him and ordered him to the stocks. 
 I saw him there twelve hours. I am sure he had escaped. I am sure it was m 
 She latter part of August. I saw Captain Wirz there at that time. I could not 
 have been mistaken as to the person. I should not think myself mistaken 
 should you tell me for a certainty that he was not there during that month, 
 because I know he was there. 
 
 GENERAL JOHX H. WINDER. 
 
 By the Court : 
 I have seen General Winder ride around the prison and give orders. It was 
 generally understood that he had command of the post, although I do not know 
 personally that he had. 
 
 REMARKS IN REFERENCE TO HAND-CUKFING PRISONER. 
 
 Upon the meeting of the court on the 30th of August, General Thomas stated 
 that the prisoner, as he bad been informed by his counsel, had last night been 
 confined with hand-cuffs which had injured his wrists. While he (General 
 Thomas) was well aware that the court had no control or responsibility with 
 regard to the treatment of the prisoner outside of the court-room, yet, as the 
 prisoner while in prison might need to write for the purpose of preparing his 
 defence, it might be worthy of consideralion by the court whether such rigorous 
 treatment as confinement with hand cuffs might not be dispensed with. 
 
 The Judge Advocate stated that the treatment referred to bad been resorted 
 to as a matter of precaution and at the suggestion of one of the counsel of the 
 prisoner, (Mr. Baker,) who had stated on the evening of his proposed retirement 
 from the case, that he believed there was great reason to apprehend that the 
 prisoner might commit suicide before the next morning. 
 
 It was not unusual for prisoners charged with offences such as are alleged 
 against Captain Wirz, to be kept in close confinepient and with hand-cuffs. 
 
 The court was responsible for the treatment of the prisoner only while he was 
 in the presence of the court, ;ind could not with propriety direct the nature of 
 his ti-eatment while in custody of the prison-keeper. The government did not 
 propose to apply the lex lalionis. Doubtless, if the court desired it. Colonel 
 Colby would exempt the prisoner from any such treatment in the future. If 
 the prisoner's wrists had been injured by the hand-cuffs, it was no doubt unin- 
 tentional and was altogether unknown to Colonel Colby. 
 
 General Thomas. 1 mentioned this matter simply because it had been sug- 
 gested to me by one of the prisoner's counsel. I distinctly stated that the court 
 bad nothing to do with the prisoner while not in its presence. 
 
 Mr. Baker said that on the evening referred to, the prisoner was in a state of 
 mind so distracted that it was a matter of grave apprehension as to what he 
 might be tempted to do, as he at that time said to his counsel that if they left 
 him then, he would never again come into the presence of the court. Counsel 
 had stated this at the time to the judge advocate, and had added that he did not 
 know but that it was necessary to confine the prisoner closely. But that sug- 
 gestion was intended to be limited to that particular time, and probably ought 
 not to have been made at all. 
 
 The prisoner made no complaint himself of any harsh treatment; the guards 
 and others in cha^rge of him had been uniformly kind. The fact that he had 
 been injured last night by the band-cuffs was doubtless one of those accidents for 
 which no one was to blame. But for the sickly condition of the prisoner, the 
 hund-cuffs would not have injured him. He (Mr. Baker) was sorry that his 
 
TRIAL OF HENEY WIEZ, 99 
 
 colleague had brought the matter to the attentioa of the court. He presumed 
 that the same thing would not occur again. 
 
 The Judge Advocate. The government must take its own course with 
 regard to its prisoner. 
 
 Mr. Baker. It will not occur as a consequence of any suggestion of mine. 
 
 <The Judge Advocate. Certainly not. 
 
 August 30, 1865. 
 the order assigning captain wir2 to duty at andersonvillb the 
 
 extent of his COMMANn. 
 
 Alexander W. Pekso.\s, for the prosecution : 
 
 I have been employed for the last four or five years in the Confederate States 
 army. I was lieutenant colonel of the 55th Georgia volunteers. I was on 
 duty at Andersonville from some time in February, 1864, till about the last of 
 May, 1864. I was sent there to command the troops. Subsequently I was 
 advanced to the command of the post and remained in the character of post com- 
 mander until I was relieved — which was some time in May or June. Directly 
 after my command was captured at Cumberland Gap, I went to Richmond and 
 reported directly to the secretary of war for duty. He gave me instructions to 
 report to General Winder. General Winder instructed me to report at Ander- 
 sonville. He stated that at that post there were three separate and distinct depart- 
 ments ; one was known as the officer commanding the troops, another as the 
 officer commanding the prison, the other as the officer commanding the post. 
 He assigned me to duty as the officer commanding the troops. 1 think there 
 was no prison officer there when I first went there. The first prison commander 
 proper was Captain Wirz. He assumed control of the prison the latter part of 
 February or some time in March, 1864. He came direct from Rii:hmond. My 
 understanding was by order of General Winder. 1 saw an official order to that 
 effect. I received a communication about the time Captain Wirz reached there ; 
 whether he brought the communication or not, I do not know ; I received it by 
 hand about the time he came. That communication was from General Winder. 
 It stated 
 
 Mr. Baker objected to witne8s stating the contents of the communication. 
 
 Witness. The letters were all deposited with the orders in pigeon-holes ; I 
 don't know what became of them. This letter related to the assignment of 
 Captain Wirz. 
 
 The Judge Advocate claimed the right to introduce evidence as to the con- 
 tents of the letter, as that letter was not among the papers captured and now in 
 possession of the government. 
 
 Mr. Baker withdrew his objection. 
 
 Witness. The letter merely stated that Captain Wirz was an old prisonV 
 officer, a very reliable man and capable of governing prisons, (that is about the 
 substance of it,) and it wound up by saying that I could give him command of 
 the prison proper. It was simply a letter of recommendation from General 
 Winder, concluding by saying that I should give Captain Wirz command of the 
 prison, and he was so assigned. I don't recollect the date; it was the last ofj 
 February, I think, or about the 1st of March — not later than the middle of March. 
 I don't remember who was the ranking officer in charge of the guards and sen- 
 tinels on duty at that time ; he was perhaps a captain of my regiment. The 
 control of the prison and prison-guards was assumed by Captain ■ Wirz pretty 
 soon after he reported. Captain Wirz had control of the sentinels after they 
 were put on duty — after guard-mounting. Under the instructions I had a re- 
 quisition was made upon me for troops to guard the prison. I was under in 
 instructions to make an order or requisition upon the officer commanding the 
 troops for the number required by the officer commanding the prison. They 
 
100 TRIAL OF HENRY WIRZ. 
 
 ■were then immediately detailed; guard-mounting was gone through with and 
 they were ordered to the prison, where Captain Wirz, commanding the prison, 
 had jurisdiction and control of them. He had control of the prison, and of the 
 guards after they passed into his hands. That continued to be the rule while I 
 was there. 
 
 ,^ BY WHOM TEIE PRISON WAS LOCATED. 
 
 1 
 
 The prison was laid out by Captain W. Sidney Winder, by order of General 
 Winder. The original capacity of the prison was for ten thousand ; so he told 
 me. I reached there just befoi'e they completed the work on the prison ; they 
 had one-half of a side to finish when I reached there. I suppose they had 
 some fifteen or twenty negroes at work there. I know the stream that passes 
 through the stockade, above and below the stockade. About one to three miles 
 from there there is a stream five or six times the size of the stream upon which 
 the prison is located. It occurred to me that that would have been a preferable 
 place to the one where the prison was located. I suggested that to W. S. Winder — 
 I believe I recollect distinctly that it was one of the Winders — about the time 
 I went there — about the time the prison was built. W. S. Winder told me that 
 he had absolute discretion in the location of the prison ; that he examined a great 
 many places in southwestern Georgia. 
 
 Mr. Bakee objected to witness stating what he was told, unless it was con- 
 nected with the prisoner. 
 
 The court, after deliberation, overruled the objection. 
 
 general JOHN H. WINDElt AND SONS. 
 
 I knew General Winder ; he relieved me, I think some time about the last of 
 May or 1st of June. He was, as I understood, in command of all the prisoners ; 
 had control over everything. W. S. Winder was a son of General John H. 
 Winder. I knew Richard B. Winder ; ho was a quartermaster at that prison. 
 He had the duty of quartermaster, such as furnishing transportatiou. I think 
 the bake-house was under him ; also the furnishing of fuel ; all the duties de- 
 volving upon a quartermaster fell on him. The .Winders seemed to act in con- 
 cert ; they worked together. 
 
 THE POSSIBILITY OF ERECTING SHELTER FOR THE PRISONERS. 
 
 ' While therQ I took steps to erect shelter for the prisoners inside the stockade. 
 When I was there, the railroad upon which the prison was located was worked 
 to its greatest possible capacity in feeding Lee's and Johnston's armies, and it 
 was with the greatest difficulty that I could get transportation on that road. 
 Perhaps in ten or twenty days they would give mo one train. I held constant 
 communication with the superintendent of the road, and every time I could get 
 a train, I would have that train loaded with lumber and brought through. Dur- 
 ing my stay, I had concentrated there, I suppose, about five or six train-loads 
 of lumber. I suppose there were six or eight or ten cars in a train. There 
 were altogether about fifty car-loads, I was in the act of erecting shelter, was 
 just carrying the lumber, when I was relieved by General Winder. He arrived 
 there about the same day I was relieved. I went into the stockade several times 
 after I was relieved from duty, and I saw no shelter there. I saw forty or fifty 
 houses springing up outside of the grounds. The lumber disappeared in that 
 way. I suppose there were between fifteen and twenty thousand prisoners in 
 the istockade at the time I was relieved. 
 
 We had scarcely any transportation there, scarcely any wagons, only a very 
 few inferior wagons owned by a private individual by the name of Peggott. I 
 w,as there in the better days of the stockade ; they suffered but very little for 
 
TRIAL OF HENEY WIRZ. 101 
 
 wood while I was there. The stockade, as I remember, was simply woods en- 
 closed. All the trees inside the stockade suitable for contributing to the build- 
 ing of the stockade, I suppose, were used for that, leaving a great many very 
 large and very small trees inside the stockade ; when the prisoners first went in 
 it was a wilderness, as it were. The authorities never did remove those trees 
 and undergrowth ; the prisoners used them in making themselves shelter. I 
 never went back to the prison after being relieved, except in the character of 
 counsel for some persons who were arrested and tried by a military court. The 
 timber at that time had all been cut away for perhaps a half mile round from 
 the centre of the prison. It was made, as it were, a barren waste. I noticed one 
 shelter, something on the order of an ordinary horse stable, or something to 
 shelter mules. It had no covering on the side ; it was simply covered overhead. 
 It was located on the north side of the prison, and perhaps there was one on , 
 the south side. 
 
 INJUNCTION TO RESTRAIN THE REBKL AUTHORITIES FROM CONTINUING THE 
 
 PRISON. 
 
 — » 
 
 I was interested in a proceeding to enjoin the rebel authorities from furthers 
 continuing the prison at Andersonville. In the character of counsel, I drew a 
 bill for an injunction to abate the nuisance. The grave-yard made it a nuisance, 
 and the military works, fortifications, etc., made it highly objectionable to the 
 property-holders there, and the prison generally was a nuisance, from the intol- 
 erable stench, the effluvia, the malaria that it gave up, and things of that sort, 
 After I drew the bill, I went to see the judge of the district court; I read the 
 bill to him, and asked him for the injunction. He simply said that he would 
 appoint a day on which he would hear the argument in chambers. He appointed 
 a day ; I made preparation for trial, went down, or was in the act of going, when 
 I received an official communication from General Howell Cobb, of Georgia, in 
 which he asked me if I was going to appear. ■ 
 
 Mr. Baker objected to witness stating the contents of the communicationr 
 I expect I destroyed that official correspondence ; I have no recollection 
 whether I destroyed it or put it away. I have not thought of it since. General 
 Cobb asked me if that bill was to be charged to me, the bill against my govern- 
 ment, as he termed it. In reply to his communication, I wrote him that I drew 
 the bill, and that it could be charged to me. He replied, through his adjutant 
 general. Major Harrit, that he deemed it inconsistent with my duty as a con- 
 federate officer to appear in a case like that, of a bill against the government ; 
 and he therefore ordered me out of the case, and I obeyed the order. General 
 Cobb at that time commanded the department of Georgia and the reserve force 
 of Georgia. I said that he ordered me out of the case. Let me be more ex- 
 plicit on that point. He wanted to know if I drew the bill ; I said that I did ; I 
 discovered by the tenor of his communication that I would be treated by 
 court-martial, or something of that sort, and to stave the matter off", I said to 
 him that if he deemed what I had done in the matter unofficer-like, I would re- 
 tire from the case. He said he did deem it that way, and would be glad if I 
 would retire without being driven from it. That is about what he said in the 
 communication. That was some time in July or August; Colonel Gibbs was in 
 command of the post. I mean to say that Colonel Gibbs at the time was su- 
 preme officer at Andersonville, the officer commanding the post. I mean, when 
 I say he was supreme officer, that he had more rank than any other man at An- 
 dersonville. I do not mean that he commanded the prison. I do not remember 
 what time of the year it was ; some time about the last of the summer or the 
 first of the fall. It was just before the prison underwent dissolution. I don't 
 remember when that was. I don't think we were there a month afterward. 
 
102 TRIAL OF HENRY WIRZ. 
 
 TUB POSSIBILITY OF ERECTINR SHELTER FOR THE PRISONBRS. 
 
 r- Cross examined by Counsel : 
 
 I think about five train-loads of lumber came there, perhaps fifty car-loads in 
 all. I cannot give an ostimate of the number of feet. I have no idea of the 
 extent of ground that lumber would have covered over in buildings ; I should 
 think it would cover over two, three, four, or five, acres of ground. It was dif- 
 ferent kinds of lumber — mostly plank. I have no idea what proportion of it 
 was plank. I suppose that in making a requisition for lumber to build a bar- 
 racks they would have an eye to what was necessary for that purpose. This 
 lumber was ordered for the construction of barracks for the prisoners inside the 
 stockade. It was through a humane purpose that I ordered the lumber. Captain 
 Wirz had nothing to do with ordering it. I remember that Captain Wirz, time 
 and again, wanted to have lumber brought there. He never attempted to pre- 
 vent the using of the lumber; he wanted it under the instructions which I had 
 from General Winder. I did not feel at liberty to interfere with the prison in- 
 side. 1 suppose the officer who succeeded me could have used that lumber if 
 he desired. I do not know what his orders were. I never saw any orders for- 
 bidding any one from doing any acts of humanity or kindness towards these 
 prisoners. I never saw the order, but I understood it was against the order for 
 citizens or soldiers to trade or traffic with the prisoners. I suppose the quarter- 
 master and commissary would ship provisions over the roadfor the prison when 
 they would not ship lumber, but, it was extremely difficult to get transportation. 
 There is no doubt about that. There was no chance to get any supplies near to 
 that prison except by robbing the inhabitants ; it; was a very poor section of the 
 ]_couutry. 
 
 THE LOCATIO.N OF THE PRISON. 
 
 ' Before the prison was located there, it was all covered over with woods. I 
 am very well acquainted with the location of camps. It is customary to locate 
 camps in shady places. It was a good idea to locate this prison in the woods; 
 such places are usually sought for, for shelter for horses and troops and prisoners. 
 There was nothing about the location of that prison, that I discovered, that led 
 mo to suppose that it was located for any bad purpose ; that idea never entered 
 my mind. In know of the prison being enlarged after I went there. It was 
 enlarged after it was created for the accommodation of 10,000 prisoners. I sup- 
 pose it was enlarged to the extent of ten or twelve acres; about one-third more 
 than it was before. The original capacity of the prison was for 10,000, but I 
 did not think that there should have been more put thereafter the enlargement. 
 That is my opinion. I am a military graduate, and have studied engineering. I 
 finished my course of study, but did not take out a diploma. I never belonged 
 to an engineer corps. I think I enlarged that prison without any orders. 
 Captain Wirz would not have had any authority to enlarge that prison. He 
 would not have dared to have done it. He was not to be blamed at all for the 
 \ size of it. 
 
 THE OEAD-LINE. 
 
 By the Judge Advocate: 
 
 I do not know who originated the dead-line. It originated some time after 
 Captain Wirz reported there, while I was in command of the post. 1 did not 
 originate it. It was the duty of the commanding officer of the prison to originate it. 
 By Counsel : 
 
 The dead-line was simply a little piece of railing on uprights, running around 
 the interior of the prison, six or eight or ten feet from the wall of the stockade. 
 
TRIAL OF HENRY WIRZ. 103 
 
 It ran entirely around the prison, to the beat of ray reoollection. That is the 
 first line I ever saw. I never saw a dead-line before. I suppose it was calle3 
 a dead-line because the penalty of passing it was death. It is customary in 
 camp to have an order that soldiers shall not pass beyond such a line. If the 
 order is violated, the man is shot, I suppose. That would be a dead-line. 
 There was no difference at all between the dead-line in this stockade and such 
 a line in camp. The dead-line was a precautionary measure to help to guard 
 that prison. That prison could not have been guarded safely if the men had 
 been allowed to burrow through or to work constantly at breaking the fence 
 around it. I remember that, before that dead-line was established — and I think 
 that it caused it to be established — there was a combination inside by which the 
 prisoners came near brea]iing through the stockade. They undermined it for 
 a number of yards. i 
 
 By the Judge Advocate : 
 
 A line established in camp is simply to prevent soldiers from escaping ; it 
 applies to prisoners attempting to escape, and to no others. — ' 
 
 By Counsel : 
 
 The object of the dead-line was to prevent prisoners escaping. Where the 
 sentinal is directed to shoot, I should think the one in camp and the one in 
 prison would be the same. 
 
 UPON WHOM THE KESPONSIBILITY FOR THE OVERCKOVVDING OF THE PRISON 
 
 RESTS. 
 
 That camp was a nuisance to all intents and purposes. The first reason was ^ 
 that the dead were buried so near the surface of the ground that it gave out an 
 intolerable stench. A swarm of green files spread like locusts over that section 
 of the country. Then the filth of the camp, arsing from different causes neces- 
 sarily concentrated there. That, with divers other causes, made it a terrible 
 nuisance. I could not have had it otherwise if I had been in command there. 
 If I had ordered it otherwise, I do not think the order could have been carried 
 out, for this reason : when that prison was in its very infancy, in its very 
 inception, and when the officers were instructed not to build accommodations for 
 more than 10,000, there were 40,000 prisoners sent there. Captain Wirz was 
 not to be blamed for that. 
 
 By the Court : 
 The authorities were responsible for that ; I cannot say who. The great 
 blunder on the part of the government was the concentration of so many men at 
 one place without preparations being made to receive them. The authorities 
 were notified of the fact, but to no advantage. I think that some of the higher^ 
 officials were responsible, but who they were I cannot say. I sent notification^ ' 
 through General Winder that the prison was worked beyond its capacity, that 
 it was a vast, unwieldy thing, and to send no more prisoners ; but they kept 
 coming. After I left there there come over 40,000 ; no man on earth could have 
 abated the rigors of that prison except the man who wielded the power over them. 
 I do not know that man. General Winder was in advance of me, and several 
 others were in advance of him. Who was responsible I cannot say. About 
 that time an order was issued from the office of the adjutant and inspector general 
 putting General Winder in command of all the prisoners east of the Mississippi, 
 giving him absolute control and dominion over them. That order came from 
 General S. Cooper, adjutant and inspector general. I saw that order ; I read it 
 closely. The substance of it was about this : They were reorganizing the 
 different prison departments. Some man was put in command the other side of 
 the Mississippi, and General Winder was put in supreme command on this side. 
 
104 TRIAL OF HENRY WIRZ. 
 
 No officer had any right to interfere with him in any shape, form, or fashion ; 
 and it was made the duty of all officers at adjacent posts or anywhere else, on 
 requisition made by General Winder or any of his subordinates for troops, to 
 furnish them forthwith. The order gave him absolute supreme dominion and 
 control over that thing. All officers in command of prisoners were to report 
 to him, and to take orders from him, I do not recollect the date of that order ; 
 it was about the last of summer. I saw the nameof General 8. Cooper, adjutant 
 and inspector general, to the order. I studied it particularly because I com- 
 manded au adjacent post, and I wanted to understand my duty. I do not know 
 whether it said it was by order of the president or not. I simply know that 
 General Cooper's name was to it. 
 By the Judge Advocate : 
 The communication I mentioned having sent through General Winder was 
 addressed to him ; I reported to him ; I reported in reference to the condition of 
 affairs as I found them there; I never addressed any communication to Richmond; 
 I addressed communications to the general commanding the department. Mat- 
 ters were in such a disorganized state that I did not know where to report. I 
 reported to General Cobb sometimes, and sometimes to General Mercier, at Sa- 
 vannah ; I addressed my communicalions as to the condition of things at the 
 prison to General Winder ; I never v/ent beyond him ; I do not know to whom 
 he reported ; I do not know to whom this order made it his duty to report. 
 
 THE ORDER ASSIGNING CAPTAIN WIBZ TO DUTY AT ANDERSONVILLE THE 
 
 EXTENT OF HIS COMMAND. 
 
 By the Court: 
 I was in command of the troops at Andersonville first, and had nothing to do 
 with the post ; I reported to Sid. Winder, who then commanded the post ; the 
 command of the troops was separate and distinct from the command of the post ; 
 there was no relation between the two ; I had a very inadequate command while 
 there, perhaps not more than 350 men, when I commanded the troops ; when 
 I had charge of the post I do not suppose there were more than 1,000 troops 
 there ; of course there were fluctuations and changes one way and another; as 
 the prisoners would come in in greater bodies they would send a few troops; 
 the requisition for troops came properly from the prison officers, who knew the 
 jeopardy the prison was in ; I do not recollect whether the prisoner at the bar 
 ever made a requisition of that kind or not ; I know that officers often talked 
 about more troops being needed ; I do not recollect the number of guards daily 
 in charge of the prison, I suppose from fifty to a hundred ; I never did, as com- 
 mandant of the post, exercise any jurisdiction over the prison. 
 
 By Counsel: 
 I do not think that there were more than eight hundred or a thousand troops 
 there while I was there ; I suppose there were eighteen or twenty thousand 
 prisoners there at the time ; the duty of guarding eighteen or twenty thousand 
 prisoners, properly, by a thousand troops, having other duties to attend to, was 
 very heavy indeed. 
 
 August 30, 1865. 
 the supply of medicines in the medical purveyors department. 
 
 Benjamin F. Clark, for the prosecution: 
 r For the last four years I have been employed in the medical purveyor's de- 
 partment, rebel service ; for two years or more at Richmond, and the remaining 
 portion of the time at Wilmington and Raleigh, North Carolina. After we left 
 Wilmington we went to Raleigh, and finally surrendered at Greensboro'; I had 
 occasion to notice the quantities of supplies and medicines kept for the use of 
 
TRIAL OP HENRY WIRZ. 105 
 
 the confederacy ; the supply has always been limited ; we have had ourselves 
 to resort to the indigenous preparations, but there was always a disposition shown 
 on the part of our department to furnish the federal prisoners with such medicines 
 as our own troops received ; I never knew any diflference to be made in the issue. 
 As far as my knowledge goes, we were always enabled to fill requisitions made" ' 
 upon us for the diflPerent armies of the confederacy ; I never knew any distinction 
 made in the furnishing of supplies ; they were always furnished when requisi- 
 tions were made upon any purveyors where we were serving for the Anderson- 
 ville prison. To the best of my recollection there were requisitions sent from 
 Salisbury, North Carolina, which were honored ; I was in charge of supplies at 
 Greensboro', North Carolina, with the medical purveyor, when the supplies were 
 surrendered to the federal government ; there was about three car-loads, I think ; 
 the medicines which were surrendered was the surplus which constituted the 
 department. 
 
 Cross-examined by Counsel : 
 
 Some few of our supplies were indigenous preparations, and others were im- 
 ported ; the supplies were imported by running the blockade ; the chemical 
 portion of our supplies of medicine was generally imported ; the vegetable prepa- 
 rations were native, not all of them however ; there were some few vegetable 
 preparations that were imported ; I should think that tonics or stimulants were 
 most needed for hospitals in the army ; the greater portions of the indigenous 
 preparations, such as abound in onr own country, were tonics. We required^' 
 both the native and the imported for the hospitals ; the imported was more re- 
 sorted to than the native ; I think they were more required ; the south never 
 supplied any medicines manufactured there before the war; they were principally 
 procured from the north ; all their native supplies originated since the war com- 
 menced ; it is very difficult to institute the manufacture of medicines, and it takes 
 a long time to do it ; we never fully succeeded in doing it ; it has taken a very long 
 time to discover many of the native medicines in the southern confederacy ; the 
 manufacture of the native supplies in a proper manner to be used, I should think 
 depended altogether upon the article that you wished to prepare. The native 
 medicines were very defective in quality, for we had not the facilities for preparing 
 them for use as they should be ; I am somewhat familiar with the compounding 
 and manufacture of medicines ; we have a proper formula to go by in making 
 preparations, and we have to confine ourselves strictly to it; that formula con- 
 sists of many things that could not be obtained in the south. As far as my opinion 
 goes, I have not much faith in indigenous medicines ; I have faith in them to 
 a certain extent. .1 do not know that I am capable of giving any opinion on the^- 
 subject ; I am not a graduate of medicine ; it was a general complaint by officers 
 in our department, that it was impossible to obtain medicines, either native or 
 imported; as I said^before, our supplies were limited, but we managed to make 
 out ; we had to economize a very great deal ; we generally had to reduce the 
 quantities called for ; when orders were made we filled them in such proportions 
 as we could ; that proportion was generally much less than what the order called 
 for ; in no case have I ever known of medicines being refused at our department ; 
 we always furnished what we could ; I think requisitiojis from Andersonville 
 would have been entertained ; it depends upon whether our department was the 
 nearest purveyor ; the regulations required surgeons to make demands on the 
 nearest purveyor ; the difierence, if any, between filling orders from Anderson- 
 ville and filling orders from other places depends altogether upon what the sup- 
 plies were. If there was a medical purveyor's department nearer to Andersonville 
 than ours, it is possible that the requisitions from there would be referred to it ; 
 this is a matter which would rest with the medical purveyor ; as far as my 
 knowledge goes, I think the requisition from Andersonville would have been 
 honored just as much as other requisitions. 
 
106 TRIAL OF HENEY WIRZ. 
 
 By the Oohrt : 
 There was always a supply on hand, but we never had a plentiful supply; 
 we were disposed to furnish such as we had, and made no distinction whatever; 
 we furnished the same to federals as to confederates ; there was a rule that we 
 should keep so much of each article on hand, I cannot say how much without a 
 supply table ; our capacity was for twenty thousand men at Wilmington, but at 
 Raleigh we had to supply for forty thousand men, including Johnston's array ; I 
 do not recollect having ever furnished any supplies at all for Andersonville ; I 
 «m not prepared to say whether the requisitions for Andersonville would have 
 <;ome there or not ; the principal medical depot was at Charlotte, North Carolina. 
 
 AnousT 30, 1865. 
 
 THE SUPPLY OF PROVISIONS IIV GEORGIA IN 1863 AND 1864. 
 
 James Van Valkenburg, for the prosecution : 
 
 I reside near Macon, Bibb county, State of Georgia. I have lived there nine- 
 
 ^teen years. I was there during the rebellion. I have been at Andersonville. 
 
 , So far as I know the crops have been about medium. There were certain sec- 
 tions of the State of Georgia last year that suffered considerable from drought, 
 and in certain other portions the crops were exceedingly good. I am speaking 
 of the year 1864. I should suppose as to provisions it was more than an average 
 crop, inasmuch as no cotton was planted, and ;all the ground was pretty well 
 planted in provisions. 1 should think the provision crop was larger than before 
 the war. The regulation in the south requiring farmers and others to pay tithes 
 for what they grew was, that they were to bring in oue-tenth of all they raised 
 of provisions of various kinds, corn and wheat and potatoes, and a certain pro- 
 portion of their meat. I am not exactly sure what proportion, but I should 
 think about the same ratio, one-tenth. Macon is about sixty-five miles from 
 Andersonville, by railroad. It would be impossible for me to state what stores 
 were in Macon during the year 1864. There were a great many storehouses 
 where provisions were stored of various kinds — sugar, rice, molasses, meat 
 {bacon,) corn, wheat, flour, &c. I have not been at Americus as commonly as 
 at Macon, but when I have been there, there seemed to be very large quantities. 
 I saw a great deal of stores in various warehouse. Americus is nine miles from 
 Andersonville; it may be a little further than that; it is possible I maybe 
 
 ( slightly mistaken on that point. 
 
 Cross-examined by the Counsel : 
 I reside about ten miles from Macon. I have lived in that county nineteen 
 years. I have lived fifteen years at the place where I live now. For the last 
 two yeai'S I have been doing nothing of any consequence. I was burnt out 
 about two years ago, and have been out of business. I live in the country. I 
 have been away from home very little during the last two or three years. I have 
 often remained away over night. I have been as far as Americus. That is 
 about sixty or seventy miles from my place. I took the cars from Macon direct 
 to Americus and back, I have not been to any other place than Americus, fre- 
 quently, since the commencement of the war. I have taken a paper during the 
 last two or three years. I have generally taken the Macon Telegraph, a daily 
 paper, for one, and the Macon Messenger. I always take one or two papers. 
 I take them daily. I have not been in large assemblies of my neighbors there, 
 often — once or twice. I have not met persons from different parts of the State, 
 at my place. I have sometimes seen them in Macon. I would met them cas- 
 ually. Most every week when I would be in town I would see somebody from 
 some other part of the State. I have travelled very little to other parts of the 
 States; I do not know that I have at all, only down that road. I got into the 
 
TRIAL OF HENHY WIRZ. 107 
 
 cars at Macon and rode up to Americus and then rode back, unless I stopped at 
 some of the intermediate landings. I sometimes did that. The country between 
 Macon and Americus is part cleared land, part swamp land, part oak land, and 
 part pine ; it is mixed up. It is not a rocky countr}''. It is rather rough — not 
 mountainous. There are farmers along that road. There are as many as could 
 settle in the country between one place and the other; it is pretty well settled all 
 through. Some are large farmers and some saialler according to the quantity 
 of land they own. At a rough guess I should say half of the country is wooded 
 and swamp land. I have not been connected with any of the departments of 
 the southern confederacy during that time, nor with any of the State depart- 
 ments. I know nothing of the supplies of the southern confederacy exceptingl 
 what I have seen. I am able to say that the crops have been plentiful in Geor- 
 gia from general knowledge, and the papers that I speak of, and what I saw 
 myself, general reading and general observation ; seeing farmers from different 
 places, I have asked them the question " How the crops were 1" T have heard 
 farmers from some places complain of a deficiency of the crops. I have heard 
 them complain of drought and their crops being short. I never heard that general 
 complaint, nor saw it in the papers. I have seen places reported as suffering 
 from drought, and others having abundant crops. I should think that the sup- 
 plies necessary for an army in Georgia have been abundant for the last two oiv 
 three years. 
 
 By the Court: 
 There was a large quantity of wheat grown in that section of the country p 
 some near Andersonville. There were flour-mills there ; I could not say how 
 near Andersonville. I know there were flour-mills around there. I know my 
 son-in-law, who lives in Americus, had a large quantity of wheat and had no 
 difliculty in getting it ground. He told me he raised more wheat last year than 
 ever in his life before. Some of the flour-mills were what we called merchants' 
 mills, and some mills doing a smaller business, merely grinding for tolls. I do 
 not know how near to Andersonville there was a flour-mill. I know there was 
 a large one at Macon. Georgia is considered a corn-growing country, but it is 
 generally considered a good country for wheat also. I think some of the best 
 wheat that is raised in Georgia is raised in southwestern Georgia. Some seasons 
 it does not do so well. It is not so safe a crop as in the nortli part of the State, 
 but when they make a crop, farmers tell me — I am not a farmer — it is better 
 than the weat grown in the northern part. I do not know how often they make/ 
 a wheat crop. ~ 
 
 By Counsel: 
 If I recollect aright, 1863 was the year in which there were some failures in 
 the wheat crop. I think there was not a great deal of failure in all the crops in 
 Georgia in 1863. The wheat is mostly gathered in May and the beginning of 
 June. The corn crops are later; they caii gather the corn any time before the 
 winter sets in. The new corn crop is gathered about the first of September. 
 They get meal from their crops — they take it to the nearest mill and get it right 
 away. Sometimes they are short of old grain and get new grain as soon as they 
 can. Corn can be made ready for the mill in the course of a week after being 
 gathered ; but generally for the purpose of trade and commerce, not so soon as 
 that. I think that corn in. ordinary seasons is ready for the market by October. 
 If I understand it aright, southern farmers try to get their crops out of the way 
 as soon as they gather it — either dispose of it or lay it up for their own use, which 
 is generally done in midsummer. I know there are mills in that country. In 
 passing along I have had places pointed out which I was told wei'e mills. I 
 should think I could count five or six from Macon down to Americus — in a dis- 
 tance of seventy miles on that route. I know of many more. They are generally 
 
108 TRIAL OF HENRY WIRZ. 
 
 run by water. Some are mills where they grind for tolls for farmers ; some 
 have two or three run of stone. I know a mill there with three run of stone. 
 I do not know how many there are of that class. I have been into three or four 
 of that class. I know that a mill in Macon has a large number ; I think about 
 four run of stones. There is a mill not far from me that has two run of stone, 
 a very fine merchants' mill, but a small one. The quantity that an ordinary 
 mill can turn out per hour, with one run of stone, is very uncertain ; some days 
 they grind three bushels an hour, and some twenty bushels. There are mills 
 there that grind twenty bushels an hour. I owned one myself. I ran it since 
 the war commenced, in 1861 and 1862. It was burned down in 1863. There 
 was no other mill burnt down in 1863 excepting mine, that I know of. 
 
 By the Court : 
 I have seen large quantities of flour in the storehouses in Macon. I do not 
 know that I have seen any in Araericus. That was all the time along during 
 the war. I have been looking for flour to buy and have seen large piles of it, 
 and was told it was government flour and could not be had. 
 
 medical testimony — condition of priso.ners in thk stockade. 
 
 August 30, 1865. 
 
 Dr. F. G. Oastlen, for the prosecution 
 
 I have been in the confederate army during the last two years. From May mitil 
 September, 1864, at Andersonville ; the remaining portion of the time in South 
 Carolina. I was surgeon of the third Georgia reserves while at Andersonville. 
 I occasionally had opportunities of observing the prisoners in the stockade at 
 rAndersonville. Their condition was deplorable ; language could not express 
 the condition in which I saw them at that time. The stench was intolerable. 
 It sometimes came up to my camp, a half a mile distant. It was only during 
 an east wind that I was troubled with the stench arising from the stockade. I 
 saw negroes at work there at one time. I do not know in what numbers ; 
 twenty or thirty, I suppose. 
 
 the supply of vegetables NEAR ANDERSONVILLE. 
 
 ' It was a pine country about there. Farms were carried on there. I have 
 seen cucumbers, squashes, cabbages, potatoes, collards, and melons in market. 
 I was at market frequently. I saw different kinds of vegetables there at dif- 
 ferent times — not all I have mentioned at the same time. I don't suppose 
 my regiment procured their vegetables from the market ; they generally got 
 them from their homes. I have seen vegetables in the camp at different times. 
 I do not know that they purchased them at market. 
 
 THE supply of medicines. 
 
 At one time my regiment was very unhealthy. That was in June, I think. 
 They were in a very healthy condition afterwards. I had no difficulty in 
 ( getting medicines that I wanted. 
 
 u 
 
 ACTS OF CRUELTY COMMITTED BY WIKZ. 
 
 I have seen the prisoner. Captain Wirz. I do not know what his duties 
 were officially at Andersonville. I saw acts of cruelty committed by Captain 
 Wirz on one or two occasions. At one time the prisoners were being removed, 
 I think to Savannah. One prisoner was out of the ranks ; Captain Wirz jerked 
 and struck him, I think, once or twice ; don't remember how many times, but 
 'I think once or twice. 
 
TRIAL OF HENEY WIEZ. 109 
 
 MEN BITTEN BY THE DOGS. 
 
 I saw one man who had been bitten by the dogs. I saw the dogs bite him. 
 I saw the dogs running down the swamp below my camp. I went down, and 
 when I reached the brow of the hill, 1 heard the dogs baying ; going down, I 
 saw this man up the tree. I heard some one order him down. I don't know 
 who it was. He came down, and I saw the dogs seize him. Captain Wirz 
 was there with the hounds. ' 
 
 Cross-examined by Counsel : 
 
 AJpTS OF CRUELTY COMMITTED BY WIRZ. 
 
 The prisoners were being removed to Savannah in August or September. 
 I don't know which. It was the last part of August, or first part of September, 
 I think. The prisoners, at the time of this assault, were standing in front of 
 Captain Wirz's headquarters. There was not a large crowd around the prisoners. 
 I did not see a large crowd ; there were a good many prisoners. There was uo dis- 
 turbance that I saw, except this man falling out of ranks. I was at that spot 
 half an hour, I suppose. Captain Wirz struck the man with his right hand. 
 I do not know whether Captain Wirz was or was not to blame for the awful 
 condition of the prison, I never saw any othor acts of violence by Captain Wirz, 
 excepting what I have described. I never knew of any other. 
 
 MEN BITTEN BY THE DOGS. 
 
 It was about the first of August that I saw Captain Wirz pursue a prisoner 
 with the hounds. Ho was between quarter and half a mile from the prison. 
 I did not see him set those dogs on that man. I don't know who set them on. 
 I did not see him in the water up to his knees trying to prevent the dogs from 
 biting that man. I did not see him making any attempts to keep the dogs from 
 biting that man. I did not see him seize that dog. I was from twenty to 
 thirty feet from him, I suppose. It was woody in the swamp, but not outside. 
 The man was in the swamp. When he came down from the tree, the dogs 
 seized him, and they bit him after he came out of the swamp. I do not know 
 that Captain Wirz set the dogs on him after he came out. I do not know that 
 the biting of the doge was accidental. I just saw them bite him. The dogs 
 were common fox-hounds. There were some five or six in that pack, I believe. 
 I don't think I ever saw that pack but once ; that was the only time. I know of 
 no other pack but that one. 
 
 By the Court : 
 I do not know what became of the man who was bitten. He went off, I 
 believe, in charge of Captain Wirz. I did not follow him any distance. The 
 wound did not disable him ; he walked off. 
 
 August 30, 1865. 
 
 Andrew J. Spring, for the prosecution : 
 
 I was in the military service of the United States for three years. I was n 
 the sixteenth Connecticut. I was taken prisoner. I have been at Anderson- 
 ville, Georgia. I went there the 3d of May, 1864. Captain Wirz was in com- 
 mand. At the time I went there there were in the prison from 12,000 to 
 15,000. 
 
 condition of the rniSONERS in the STOCKADE. 
 
 At the time I went there I found the prisoners very destitute in clothing, and 
 you could not tell, in many cases, whether they were white men or negroes, 
 They were very filthy ; they did not look as though they had the means to 
 
110 TKIAL OF HENRY WIRZ. 
 
 wash themselves, or did wash themselves. I remained in the stockade till May 
 1-27, 1864. I do not know who the surgeon in charge was. I was not acquainted 
 with the surgeons at all. I did not know a doctor while there. I heard that 
 there was such a man there. I was acquaiuted with Dr. Barrows. 
 
 CONDITION OF THE WATER. 
 
 I noticed the condition of the water in the stream that ran through the 
 
 stockade ; at that time it was very good, but before I went out it became filthy 
 
 and not fit to use, because of the rebel camps outside, through which the stream 
 
 passed. They did their washing, and the like of that, in the stream above, and 
 
 1 it came down through the stockade. 
 
 THE RATIONS. 
 
 There were no cook houses on the stream when I went there. One was estab- 
 lished soon after, in which they did their cooking and baking for the prisoners ; 
 it was outside the stockade. Bacon, rice, beans, (or peas, they call them,) and 
 corn-bread were cooked there. I was assigned to duty in that bake-house. The 
 quality of the rations was very poor indeed. The meal that I helped to bake 
 was very coarse and looked as though it might have been ground up, cobs and 
 all, and it had to be cooked without salt about two-thirds of the time ; as for 
 the bacon, that came in all spotted, and it was full of maggots before it was 
 cooked. The cooks had to boil it in water to cleanse it as well as they could, 
 but they could not make it fit to eat any way. It was issued to the prisoners 
 raw when we first went to the stockade. A prisoner s ration of bread was 
 generally half a loaf of this corn bread that would weigh perhaps 3 to 5 ounces, 
 not exceeding five ounces. When we first went into the bake-house, all the ba- 
 con, peas, and rice were cooked at the lower bake-house, which was all the bake- 
 house we had, and tliey were given out there to the men at that time. Each 
 prisoner received about two ounces of bacon — not more than that — this fat ba- 
 con, sometimes it would be very good, but as a general thing it was full of mag- 
 gots and not fit to eat, so that the men had better let it alone than eat it. I 
 never was in the store-houses. I do not know the quantity they had, with the 
 exception of the meal. I was over to the depot, at the store-house there, and 
 it was full of meal piled up. There was also any quantity of flour, but I don't 
 know where that flour went to; I know that I never received any. They never 
 issued any flour. On the 3d of July, I think it was, Captain Wirz, after roll-call 
 in the morning, came out from the stockade to the bake-house. One or two men 
 were missing from the stockade. I saw him when he came from the stockade 
 gate. He came to Captain Duncan, commanding the bake-house, and told him 
 not to issue any more rations to the men inside of the stockade until those men 
 were found. They commenced issuing ration again ihe next day about 3 o'clock. 
 The rations of bread that had been baked the day before were issued. It had 
 been piled up in the bake-house iu order to make room there, consequently the 
 steam from the bread caused it to sour, and it was very poor bread. The second 
 day it was very warm weather, and , instead of issuing any raw rations they 
 issued all cooked rations. As a general thing they issued i-aw rations to one- 
 half of the stockade one day and one-half the other day. 
 
 THE SUPPLV OF -VEGETABLES NEAR ANDERSON VILLE. 
 
 ' No vegetables, were ever issued there with our rations. I think any quantity 
 ipf vegetables were to be had in that vicinity. I procured vegetables after I 
 was outside in the bakery. I procured all that I needed, and also sent quanti- 
 [ties in to onr boys by smuggling them by the guards. I procured them mostly 
 from the 5.5th Georgia boys, and the 3d Georgia regiment's sutler furnished me 
 with a supply that I had. I think there was plenty of green corn' to be had 
 
TRIAL OF HENEY WIRZ. Ill 
 
 there ; there was a large cornfield about a quarter of a mile the other side of 
 the big stream, below the 5/5th Georgia regiment ; I should think there was quite 
 a large field there, 75 to 100 acres, I should think. I purchased vegetables of 
 citizens. Citizens would very frequently smuggle things down there by the 
 hake-house on their wagons, pretending that they had business there. They 
 would stop and sell provisions to us for the sake of getting greenbacks ; they 
 would rather trade with us than with their own men, because they could get 
 hold of greenbacks ; there were strict orders prohibiting trading of that kind. 
 The orders were issued by Captain Wirz. That was a peach-growing country. 
 I procured great quantities of peaches there and smuggled them into the stock- 
 ade to our boys. I should judge the supply was good from the way they came 
 in ; almost any of the confederate troops had peaches there in any quantity. 
 When such things were taken into the stockade to our boys, Captain Wirz, if 
 he discovered it, would confiscate them, and take them to his headquarters : and 
 he also gave orders to the sergeants at the gates that of all the things which 
 they could confiscate from our boys, they should hive one-half for getting it 
 away from them. That applied to vegetables, peaches, sweet potatoes, onions, 
 and all such things as that that we could get. 
 
 THE SUTLER. 
 
 I knew the sutler to the prison. The rebel sutler, when I first went inside 
 the stockade, was a man named Selman ; they called him Adjutant Selman. He 
 remained there I suppose until he had got the biggest part of the prisoners' 
 " greenbacks," and there was not much use of his staying there. He was there 
 in May, June and July, and I don't know but he was there a part of August. 
 I never procured anything from him myself. One of our boys, after Selman 
 went out, got permission to run the sutler stand himself. I saw him buy stock 
 of this Selman. He kept a sort of sutlery over at the headquarters of General 
 Winder. 1 saw this man procure the articles from Selman ; I have seen him 
 carrying vegetables, such as watermelons aud green corn, and also tobacco and 
 such things as that. 
 
 CONDITION OF THE PRISONERS AS TO MExN'TAL CAPACITY AND PHYSICAL 
 
 SOUNDNESS. 
 
 Before I was taken out many of my own men became sick with chronic 
 diarrhoea, and there were many cases of scurvy. Soon after I went into ttie' 
 stockade I found almost all my boys in there were afflicted more or less with 
 scurvy ; a great many were crippled up, so that they could not walk, and had 
 to crawl on their hands and knees or get along the best way they could ; som& 
 of them could not do even that. There was a change in their whole appearancOj' 
 I was absent from there, at one time, about six weeks ; there was an order 
 issued so that we could not get into the stockade ; the men who were paroled 
 outside did not have permission to go in to see those inside the stockade; one 
 day! was bound to go in, and I applied to the lieutenant of the guard at the 
 gate and gave him twelve dollars in greenbacks to let me go in and stay an 
 hour, to see our boys ; I went in and spent an hour inside the stockade ; a great 
 many of the boys were very poor ; there were some of my own best friends 
 whom I could not recognize until they came up and shook hands with me and 
 made themselves known, and, even then, I could hardly believe they were the 
 same men ; I have seen idiots in the stockade ; I have seen men, acquaintances 
 of mine, who would go around there not knowing anything at all, and hardly 
 noticing anything ; 1 have seen men there who were crippled up so that they 
 had scarcely any life in them at all; they would lie on the ground, to all ap- 
 pearances dead ; at different times I went up to several who I thought wer& 
 dead, but I found they had a little life in them ; I was intending to help some 
 
112 TKIAL OF HENEY WIKZ. 
 
 of them, but after I helped one, I was called from one place to another, and I 
 found that I had moro than I could attend to, so I had to leave them entirely. 
 
 THREATS OK WIRZ. 
 
 I saw men apply to Captain Wirz for the privilege of going out on fatigue 
 work. At one time a squad of men, of about eight or ten, I cannot tell the 
 exact number, were out after wood; on their return they stopped to rest ; while 
 they were resting Captain Wirz came along on his horse ; one of them got per- 
 mission from the guard to speak to Captain Wirz. He asked Captain Wirz if 
 he. had not something outside for him to do, so that he could go out and have 
 an extra ration. Captain Wirz replied in the way he usually did to prisoners ; 
 he called him a " God damned Yankee son of a bitch ;" he told him to go inside 
 the stockade and stay there, and that he would starve every God damned one 
 of them to death. That was his common reply to every one of the prisoners 
 who had anything to do with him. At another time he made a similar reply 
 that I heard ; one of the boys had got away from the bakery to make his escape ; 
 after he was caught Captain Wirz came down to the bakery; there was quite a 
 crowd there; Captain Wirz said to the man, " you God damned Yankee son of 
 a bitch, if you ever try to get away again I will shoot you just as sure as I goes 
 
 , to hell, and I know that I goes there." That was a common remark with 
 
 ^him. 
 
 RATIONS DRAWN FOR THK DOGS. 
 
 ' I frequently saw hounds about there. They used to draw rations for these 
 hounds at the bakery. They drew the bread which I supposed was cooked for 
 the men inside ; they issued for these hounds there about twenty-five or thirty 
 .loaves. 
 
 THE SUPPLY OF WOOD. 
 
 There was any quantity of wood in that part of the country which could 
 have been issued to the prisoners. I saw negroes about there; I saw them 
 cutting wood. At the time they expected Stoneman's raid down there, soon 
 after the capture of Atlanta, I saw from 500 to 1,000 negroes chopping wood to 
 the westward, so as to make a range for the use of their artillery. They also 
 at the same time put up two stockades around the main stockade of the prison 
 and made a place for the artillery to work around the prison, so that if our own 
 men should make an attack on the prison to release the prisoners, their fire 
 L>vould go directly into the prison. 
 
 MEN BITTEN BY THE DOGS. 
 
 I saw the hounds exercised; I saw them several times when they were 
 taking men's trails, but I saw them one time when they caught a man ; I think 
 it was about the last of August or the first of September that I saw a man who 
 had been brought in by Captain Wirz, and this man Turner, who had charge 
 of the dogs. The man was bitten very badly. Captain Wirz went over the 
 hill. The man was brought around by the bakery. I was well acquainted with 
 the guard, at least by sight, and I asked him where the man was caught. He 
 said he was caught over here by Captain T^^rz and Turner, the man who had 
 charge of the hounds ; that the man was In a tree and was shaken down out 
 of it. 
 
TRIAL OF HENEY WIEZ. 113 
 
 Mr. Baker objected to the wituess stating what he heard from others. 
 
 By the Court : 
 Q. Who told you this 1 
 
 A. The guard who brought the man in and the man himself. 
 The court, after deliberation, sustained the objection. 
 
 THE CHAIN-GANG AND STOCKS' 
 
 I saw a chain-gang there ; I have seen them every day ; there were thirteen 
 of them in it at one time ; they were in two ranks ; each man had a chain and 
 shackle around each ankle, a chain going from the front side of the ankle to 
 the next one before him, both legs shackled so that they could step but eight or 
 ten inches at a time. The men had to keep step with each other. Each man 
 had a small ball (I do not know the weight of it) outside the leg, which he had 
 to carry in his band when he travelled, and also a 64-pound ball to every four 
 men. There was a large shackle round the neck with a large chain, much 
 larger than that fastened to the legs, around their necks, reaching around the 
 circle. I have known one man to be reduced so low that he was taken from 
 there and sent to the hospital ; I cannot tell his name ; I cannot tell what date ; 
 he was taken to the hospital and soon after died. I should think this was some 
 time about the middle of August. These men were put in the chain gang for 
 trying to make their escape. I saw men in the stocks every day, almost. They 
 were sometimes put in the stocks for trying to get away. After they wer^' 
 taken out of the stocks they would be put in the stockade again. Most of these 
 men were men who had been outside on parole. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw a man shot there. I never saw the prisoner give orders to shoot men. 
 There was one man shot there on the 15th May, from the first sentry-bo.x next 
 the south gate. The man who was shot was inside the dead-line, or I suppose 
 he was. I saw the man shot and I saw him after he was shot. I was on thet 
 north side of the stockade. I saw the smoke of the gun and went directly over. 
 The man lay inside the dead-line. About the time I got over there Captain 
 Wirz was in the sentry-box with the guard. Directly after that Captain Wirz 
 came inside the stockade. He drew out his revolver and swore he would shoot 
 all the men there if they did not get away from the gate, and the men scattered j 
 I do not know that I saw any communication between Captain Wirz and the 
 sentinel. When he stood in the sentry-box he was close to the sentinel ; the 
 sentry-box was not more than four feet square. I saw another man shot thereTy 
 A short time after that — perhaps six or eight days — there was a man who was 
 asleep under his blanket in the middle of the day. The stockade being so 
 crowded, he had to lie near the dead-line. This man, while he was asleep rolled 
 over under the dead-liue. As soon as he rolled under it he was shot. That was 
 in May, I think, from the 20th to the 25th. The ball went into his back and 
 killed him' instantly. I do not think he knew what hurt him. I do not know 
 his name. I did not see the prisoner at that place then. The ball struck the 
 first man I spoke of in the temple and went down into his breast. He was 
 taken off to the hospital, which was then inside the stockade, and he died on his 
 way to the hospital. He was not a sound man ; he was a cripple, a one-legged 
 man. -^ 
 
 A NEGRO SOLDIER WHIPPED BY WIRZ'S ORDER. 
 
 I have seen our darkey prisoners hauled up there and receiving from fifty to 
 seventy-five lashes a number of times ; (to the court,) I mean our negro soldiers. 
 H. Ex. Doc. 23 8 
 
114 TRIAL OP ITENEY WIEZ. 
 
 I can speak of one of them in particular ; one of them was sick and refused to go 
 to work. The man who had charge of thegang at that time — I forget his name — 
 reported the matter to Captain Wirz. Captain Wirz came along and ordered 
 the negro to be taken up to the stocks and whipped ; I forget the number of 
 lashes the man got; I saw them given to him. I believe that the man who 
 whipped him was named Humes ; he was generally called quartermaster, but 
 was nothing but a private soldier, as I understood, to issue rations from the bakery 
 to our men in tlie stockade. He used to go in with the wagon and issue the 
 rations. 
 
 GENERAL JOH.V H. WINDER AND SONS. 
 
 I knew General Winder by sight ; I saw him riding round the stockade. I 
 saw him at one time come down there about the 1st September with an order ; 
 he went into a sentry-box and read the order to our men. It was to the effect 
 that there was a general exchange to commence. That was before they com- 
 menced moving off our men, after Sherman had taken Atlanta, and when they 
 expected Stoiieman down there. I was not exchanged. There was no one 
 exchanged at that time. The sc[uad which they said was about to be exchanged 
 was taken direct to Millen. They were exchanged from one stockade to another, 
 that was all. I saw Captain Richard Winder ride by there on his horse. J do 
 not know whether he was on duty there or not ; I never received any orders 
 from him. I have seen Captain W. S. Winder there. I believe he was on duty 
 there at one time, but I do not know what his duty was. I have seen the whole 
 staff riding round the prison several times. 
 
 Cross-examined by Counsel : 
 I cannot tell what months I saw Captain Winder ride through the prison ; at 
 different times. I never saw him ride through the prison, but around the prison, 
 outside. Perhaps I may have seen him ride around the prison outside twelve or 
 fifteen times while I was there. I was there about five months; I should think 
 it likely that I saw him as often as once or twice a week while I was there. I 
 left there on the 19th September, 1864. 
 
 A NEGRO SOLDIER WHIPPED BY WIRZ'S ORDER. 
 
 This colored soldier who was whipped had refused to go to work; he was 
 ordered to go to work by the man who had charge of the squad of colored men 
 who worked on a cross-road from the depot to the bakery. I do not know the 
 man's name who had charge of them ; he was a short thick-set man. He was 
 a confederate soldier. There were about twenty negroes in that squad. His 
 refusal to go to work was the cause of his being whipped ; I saw the whole of 
 it. He received either fifty or seventy-five lashes. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I never saw Captain Wirz shoot any one. I never saw him assault any one 
 in the prison. I do not know that these instances were always a part of the 
 police regulations there. 1 know that the sentries shot men who got within that 
 dead-line. I do not know anything about the regulations more than I have been 
 told by our own prisoners inside. I know that men were shot ; I saw that. 
 The man who was shot was inside the dead-line at the time I saw him, between 
 that line and the stockade. The sentinel stood in the sentry-box, on the top of 
 the stockade. I saw him when he fired ; I saw the smoke of the gun, and I 
 saw the sentry. I cannot tell whether Captain Wirz was by the side of the 
 sentry or not, when he fired ; he was soon after. I cannot say that I saw any 
 one by the side of the sentry when he fired, if anybody had been by his side 
 I believe I would have seen him. I think Captain Wirz was taller than the 
 eentry. I think the sentry was a young man. If Captain Wirz had been there 
 
TRIAL OF HENRY WIRZ 115 
 
 I might have seea him. I do not know that I saw him at that time ; I saw him 
 immediately afterwards. He might have come up there by reason of that firing. 
 I do not know that he said anything to the sentinel. I do not know that he 
 reprimanded him. I do not know that he took the sentry down for firing. I 
 did not notice whether the same sentry remained there. I do not know that 
 that sentry disappeared very soon afterwards. I have spoken of two instances 
 of shooting. In the second instance I did not see Captain Wirz at all, when 
 the shot was fired. I did not see him immediately after. I did not know that 
 he had anything to do with shooting that man. I did not see that he had any- 
 thing to do with it. I have been in the service about three years. I have never 
 seen any of our men prisoners, except a short time. I do not know that pris- 
 oners are shot for passing a forbidden line ; possibly they may be ; I do not know. 
 I would not shoot a comrade if he attempted to pass me while I was on picket. 
 It would not be my duty to do so, except that I had orders to do so. If a sol- 
 dier should attempt to pass me while I am on picket duty, and I forbade him to do 
 BO, and he persisted to do so, I am required to shoot him. If aperson should attempt 
 to come through the jail gate where I was on duty as sentry, and I forbade him, . 
 and he should persist, I would shoot him. 
 
 I saw a person shot who had not committed, or was not committing, an ofience ^ 
 against the police regulations, this man who rolled under the dead-line and was 
 shot ; I do not consider that he was disobeying any orders when he rolled under 
 the dead-line. If he had been awake and had done that he would have been violat- 
 ing the rule, but being asleep he was, I think, excusable ; if I were on guard in that 
 case and saw that man roll under the dead-line, I should not shoot him ; the 
 sentry could not help to know that the man was asleep, and if I was in his place 
 I should not have shot the man ; and I do not think that that sentry would have 
 shot him if he had not been watching for an opportunity. There was a class of 
 men there on guard, boys from ten years old to fifteen, and old men from forty 
 to seventy, who did nothing else when on duty but watch opportunities to shoot 
 our men ; these men were not always on guard ; sometimes we had decent men 
 on duty ; good Union men too ; when the fifty-fifth G-eorgia regiment were on 
 guard the boys could smuggle in pretty much all they had a mind to ; if evil- 
 minded men shot one of our prisoners there. Captain Wirz would be blameable 
 for it if he gave such orders ; Captain Wirz gave special orders to shoot our 
 men ; I do not know that he gave any orders as to the man who rolled under the / 
 line. ■-'-'- 
 
 By the Court : 
 
 I do not know whether any sentinel who shot any of our men was rewarded 
 for it, but I have heard men of the fifty- fifth Georgia say that these sentries re- 
 ceived thirty days' furlough, for every prisoner they shot. _' 
 
 THE CHAIN-GANG AND STOCKS. 
 
 By Counsel : -i 
 
 I saw the men in the chain-gang ; they were put into the chain-gang often for 
 getting away ; they were prisoners who had tunnelled out of the stockade ; un- 
 dertook to make their escape, were brought back, and ordered to be put in ball 
 and chain by Captain Wirz ; they had escaped, but were caught again ; somfi-i 
 of them were men who had been out on parole ; I do not know what their parole 
 was ; I saw them outside and supposed they had a parole ; I do not know that 
 prisoners in the prison could get outside without giving a parole ; I have seen 
 men outside the stockade, prisoners, who had nothing but a camp pass, without 
 a parole ; I saw that often ; I know that some of the men in the chain-gang had 
 not been on parole ; I have no season to believe that any of these men in the 
 chain-gang had broken their parole ; I do not know whether they did or not. 1 
 know of some instances where some men had broken their parole ; I do not know 
 
116 TRIAL OF HENEY WIEZ 
 
 about their being in the chain-gang ; I did not testify that a little while ago ; if 
 I did I wish to correct it. They were put in the chain-gang because they under- 
 took to get away and were caught ; I think that all of these men got out of the 
 stockade ; I do not know of my own knowledge ; I was out on parole ; none of 
 my comrades or acquaintances were put in that chain-gang ; the 1st September 
 there were three men who attempted to escape from the bake-room ; they were 
 taken hack and put in irons, handcuffed. They were put into the stocks in the 
 first place ; kept in the stocks that day and shoved into another set of stocks ; 
 they were put into the chain-gang the second day after they were .taken back; 
 they were taken down to the blacksmith shop and had irons put around their 
 ankles. These were men who had broken their parole ; that was if they took 
 such a parole as I did, a regular legal parole; I do not know that they did; 
 there was no special parole that I know of; I have seen men who merely signed 
 a paper. 
 
 By the Court : 
 During the night the men in the chain-gang had to lie down all at one time ; 
 when one was sick and was obliged to lie down, the others were compelled to lie 
 too ; they were outside of the stockade, right up to the southwest corner of the 
 stockade ; they were posted about ten or fifteen rods outside of the stockade, near 
 the stocks ; they were not required to perform any duty during the time ; they 
 merely went down to the bake-house in the morning and washed themselves. Our 
 boys there they would feed them with the best they had, and consequently they 
 fared better in regard to rations than if they had been inside the stockade ; but 
 that was unknown to Captain Wirz ; those men were kept there for two months, 
 and I presume longer; I cannot testify how long, but it was all of two months. 
 
 THE RATIONS. 
 
 I was detailed to bake bread there ; Jamnot abaker by trade, but it is not much 
 of a job to learn to bake this corn-bread ; I cannot tell where the meal came from ; 
 it was brought from the storehouse to the depot and from the depot to the bake- 
 house; I do not know whether the corn-meal that we used there was kiln-dried 
 or fresh ground ; I should think it had been ground from old corn ; I cannot 
 tell how long meal would keep after being ground ; there was not plenty of 
 rations at the bake-house ; at times they would fill the bake-house full and then 
 they would leave it run out, and perhaps the men would have to go without rations 
 at times ; I know that at one time, on the 3d of July, by the order of Captain 
 Wirz, some of our men had to go without rations ; I have been in the storehouses 
 atthe depot ; there were plenty of rations there. The storehouse was so filled there 
 that one could scarcely get through it ; it was a very large warehouse ; I should 
 think it must have been three or four hundred feet long and forty feet wide ; I 
 was there several times ; it was generally full. 
 By Counsel : 
 
 I did know at one time how many loaves of bread went daily from our bake- 
 house, but I cannot tell now. In baking and 'cooking together, there were 150 
 men detailed outside ; they were all Union prisoners ; I was at the depot several 
 times in the months of June, July, August, and September. When I have been 
 at the storehouse there was an abundance of supplies ; I have been at the store- 
 house six or eight times ; I should not think it was quite as large as an ordinary 
 block in this city; I should think it might be half as large; I believe it was a 
 story and a half high ; to all appearances there used to be plenty of meal there. 
 These five or six times that I was there, I should judge it was half full of dif- 
 ferent stores, meal, bacon, flour, and other stuff ; I should think two-thirds of the 
 supplies there was meal or flour ; I would not testify to how much flour there 
 was, but I should think that about two-thirds of the supply was corn-meal ; at 
 
TEIAL OF HENRY WIRZ. 1 1 7 
 
 one time when I was there I saw a large pile of flour at one end of the building ; 
 they said it was flour. I went up and felt it, and saw it was flour. In the 
 months of July and August there were about 32,000 prisoners in the stockade ; 
 I should think there were from 1,500 to 2,000 soldiers guarding that post ; 
 there may have been 200 or more of our prisoners allowed on parole outside of 
 the stockade, in the hospital, bake-house, &c. 
 
 September 1, 1865. 
 
 Nazareth Allen, for tho prosecution : 
 
 I reside in Bibb county, Georgia, about ten miles from Macon ; I have been a 
 part of the last four years at Andersonville, in the confederate service ; I was a 
 private in the third Georgia reserves ; I know the prisoner, Captain Wirz ; he 
 was commander of the prison. ' 
 
 THE STOCKS. 
 
 I have seen the stocks, and seen men in them ; I have seen several put in the 
 stocks, and some ten or twelve in the chain-gang ; I know that one pris- 
 oner died in the chain-gang or stocks ; I won't be certain which, but 1 think in 
 the stocks ; I think it was some time in August, 1864 ; I do not know, what his 
 sickness was ; he appeared to be sick when I saw him ; I saw him only once or 
 twice, and afterwards I saw him dead ; I don't recollect how long afterwards ; 
 I was passing there almost every day for several days ; I cannot say how long 
 he was confined in the stocks ; there were several in the stocks ; I do not know 
 why this man was placed in the stocks ; I think it was for trying to escape. 
 The stocks were between Captain Wirz's headc[uarters and the stockade, on the 
 road you would take in going to the stockade. 
 
 THREATS OF WIRZ. 
 
 Once I saw a prisoner step out from the ranks to speak to Captain Wirz foi; 
 an exchange into a mess, when they were counting them out ; he had made an 
 agreement with one of his fellow prisoners to go into the other mess. He lacked 
 one or two of getting to him, and he stepped out to speak to him. Captain 
 Wirz ordered him back and threatened to shoot him. He did not shoot him ; 
 he threatened to shoot and he cursed him. / 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I know a great many prisoners died there. They had no shelters inside the 
 stockade much more than they made for themselves out of their blankets and 
 pine tops, &c. I was on duty at the stockade as a sentry. I had the means of 
 observing the condition of the camp inside the stockade ; I could see it from the 
 stoop where I was. Some few had shelters made out of their blankets or such 
 as they had built themselves with pine tops which they had carried in. There 
 was no oiher shelter that I saw. Some had holes dug in the ground and sticks 
 put up and pine tops hung around them. I observed this from some time about 
 the middle of May to the middle of August. The prison was crowded. It was 
 very much crowded. A portion of the stockade near the branch was a veryV 
 miry, hoggy, muddy place. The swamp was not cleanly ; it was very uncleanly ; 
 a good deal of filth went through that stockade. The cook-house was above the 
 stockade and a good deal of washing was done up the branch, consequently a 
 great deal of filth went down. Some of the rebel camps were above ; some of 
 them washed into this stream. Some of the sinks were on that stream justabove 
 the stockade, on the side of the hill. When heavy rains came I should suppose 
 some of it went through the stockade. Sometimes the prisoners in the stockade 
 were compelled to use that water. 1 have seen them using it when it was in 
 
118 TRIAL OF HENRY WIRZ. 
 
 that filthy condition. The water at that time was very thick and muddy — thick 
 with the filth of the earth and the washing I have spoken of. There were very 
 heavy rains during the summer of 1864. It rained about twenty-one days con- 
 secutively while I was there— in June I think — along about wheat-cutting time. 
 The stench arising from the camp was very bad. I have smelt it when I was 
 at our picket camp. By the way we went round that camp was about a mile 
 and a half away ; I guess about a mile in a straight line. We soldiers preferred 
 doing picket duty to sentry duty. The stench was so bad that it kept me sick 
 pretty nearly all the time I was around the stockade. The prisoners were com- 
 plaining all the while in consequence of their treatment ; but I don't know to 
 whom they made their complaints. I made complaints, as well as other soldiers 
 of the rebel service. We complained merely to our own officers, but they could 
 not help us any about that. I never complained to Captain Wirz. I observed 
 the hospital a very little. I remember that one sick man one night made a 
 great lamentation. He was on the ground. It was not muddy. I did not see 
 him receive any attention. He was calling for his mother ; he seemed to be out 
 of his mind. He died. One of the prisoners offered me a gold watch for a piece 
 of a tent. He wanted it for a shelter, 1 suppose — 1 think he said so. He 
 belonged to the stockade and was inside of it. I did not give him what he 
 wanted ; I could not get any for him ; it was against the orders to let him have 
 [any such thing. I knew that there were hounds there ; I did not know of any 
 bloodhounds. They were used for catching the prisoners when they tried to 
 escape. 
 
 VEGETABLES, ETC., TAKEN FROM PKISO.\ERS. 
 
 I have known prisoners to get onions and other vegetables or cakes, and 
 have known them to be taken away from tliem at the gate as they went in. 
 They would get them from some of the guards when they were out getting 
 ■wood. The orders were, not to allow any such things as that to go in. I don't 
 know from what source they emanated. Captain Wirz had control of the prison. 
 I understood that all the orders came from him, but he never gave me any. 
 
 Cross-examined by Counsel ; 
 I lived at my present home befoi-e I went into the service. I went into the 
 service in April, 1864, under the conscription. Those of my age, between forty- 
 five and fifty, were called on to report, and I reported and went into the service. 
 After entering the service I first went to the camp at Macon. We formed our 
 regiment there. We then went directly to Andersonville. The regiment num- 
 bered about 900, I reckon. I was not with it when it left Andersonville; I 
 think it left in September. It went there in May. I left Andersonville the 
 last of August ; I went home sick. I got sick in the regiment ; I was sick in 
 camp. A good many of our i-egiment were sick there. I do not know what 
 portion of the regiment left Andersonville, as a regiment ; I was not there. I 
 cannot tell how many of the regiment were sickened while I was there ; there 
 were a great many. I would not think two-thirds, nor one-half, nor one-third. 
 There were a good many sick, but I cannot tell how many. Colonel Harris aud 
 Colonel Moore were the colonels of our regiment. We performed guard duty 
 round the stockade. We did general duty around the post. There were 
 other regiments there while we were there — the 1st, 2d, and the 4th. Part of 
 those regiments were there when we went there. I don't know whether the 4th 
 was there or not ; the 2d was there. I don't know whether they were full 
 regiments or depleted. I don't think there was any regiment there as large as 
 ours. I don't know how many troops in all there were there at that time ; I never 
 took notice of that. Our regiment was not composed of unhealthy men. Some 
 of all the regiments were sick there. I don't know how many were sick; I 
 had no means of knowing ; I didn't pay any attention to the hospital. 
 
TRIAL OF HENSY WIRZ, 119 
 
 CONDITION OF THE WATER. 
 
 I do not know who gave the officers orders where to lay out our camp when 
 we went there. We cleaned up the ground by order of our officers. Colonel 
 Moore commanded us to do it. Captain Wirz had nothing to do with the 
 locating of our camp that I know of. I don't know that he had anything to do 
 with our men was hing or bathing in the water there. He was commander of 
 the prison ; he might have had a right to have forbidden it. I don't know 
 whether he had the right to interfere with the command of our camp. He 
 would always send an officer to our camp for what he wanted ; I never kne w 
 him to be up there. I never knew of my own knowledge of an officer bringing 
 an order up there from him. I never knew him of my own knowledge to 
 interfere in any way whatever with the soldiers located on that stream. It was 
 in June or July that there was so much rain. I know it rained 21 days, 
 because I kept an account. The rain did not make our camping grounds very 
 muddy ; it was principally sandy ground where our camp was. The ground 
 was wet, of course, but the water ran off. It kept the tents wet pretty well 
 all the time. We had scarcely any comfort or convenience during all that 
 time. 
 
 THE ORDERS TO THE SENTINELS. 
 
 ■j 
 
 I was on guard or picket duty every other day. I never shot any one ; I 
 never saw any one shot while I was on duty. I got orders when I was on the 
 stoop to shoot the prisoners if they crossed the dead-line. I had no orders to 
 shoot anybody if he did not violate some police regulation. The shooting of 
 any one crossing the dead-line was part of the pohce regulation of the prison. 
 I would not have shot any one if he did not violate that regulation. I do not 
 know of anybody else who would. I have been in large crowds on public oc- 
 casions. I have seen policemen or soldiers attempt to keep crowds back. I 
 never heard them use any particular threats, only they made them stand back 
 out of the way. I have seen policemen or constables ride on their horses in 
 large crowds. They would of course ride up to the people and threaten them 
 if they did not keep back. I should not suppose it was any more for threats 
 to be made at Andersonville, if prisoners did not keep back, than it was in other 
 crowds. If I was guarding a body of prisoners anywhere, small or large, and 
 they did not obey me, I would threaten them. I would threaten to bayonet 
 them or shoot them. When Captain Wirz threatened these men, I suppose it 
 was not more than I or any one else would do, if they did not obey me. J 
 
 By the Court : 
 
 There was no reward or promise of reward to any guard who shot men cross- 
 ing the dead-line, to my knowledge. I do not know of any furloughs being 
 given for that. I do not remember that I ever received any direct orders from 
 Captain Wirz while I was on .duty. 
 
 THE CHAIN-GANG. 
 
 By Counsel : 
 I think I have seen twelve men in the chain-gang, in the month of August ; 
 they were on the ground close to Captain Wirz's headquarters ; I have seen 
 them passing. I think that is the place where the chain-gang generally was, 
 (witness here pointed out the location of Captain Wirz's headquarters on the 
 diagram ; ) Captain Wirz's headquarters were right on the hill above the stockade, 
 not far off. I was on duty on the reserves picket when I saw the chain-gang ; 
 I saw it when I would be passing to my camp back and forth. All I saw was 
 just in passing. This was about the middle of August or the 1st, some time in 
 in August ; I saw them there several times ; I don't know if they were always 
 
120 TRIAL OF HENEY WIKZ. 
 
 the same men ; I did not see them put there; I did not see them_ taken out. 
 I don't know how they came to be in there, nor for what fault or disobedience 
 they were put in there, except what I heard. 
 
 THE STOCKS. 
 
 The stocks were located down near the coraer of the stockade, between Cap- 
 tain Wirz's headquarters and the stockade. I did not see them there when I 
 first went there with the regiment. I don't reccUect when they were erected; 
 they were there when I left. I never counted the men I saw in the stocks; 
 they had some six or eight, I think — it may be more, at one time. 1 never 
 counted the number those stocks were calculated to hold. They were made of long 
 timbers, twenty feet long, I guess. I only know from what I heard, why those 
 men were put in the stocks. I don't know how long they were kept there, nor 
 when they were taken out. I did not see any change in the persons I saw 
 there, if there was any, it was made when I was absent. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I spoke of a sick man lying on the ground one night ; it was the latter part 
 of the night ; I was sentinel there, round the hospital. This man was lying 
 outside the tent, outside the fence ; I don't know whether they had tents ioside 
 the hospital lot ; it was in warm weather. I don't know how he came there ; 
 he was wallowing about as if he was crazy. Captain Wirz was not there ; I 
 think that tent or hospital ground was under the charge of the surgeon. I don't 
 suppose that Captain Wirz had anything to do with that affair at all ; I never 
 was there but one time on that post. 
 
 Q. Don't you suppose that the man's being out there was a mere matter of 
 humanity to him, to give him more air and comfort? 
 
 The Judge Advocate objected to the question, on the ground that the sup- 
 positions of the witness were not evidence. 
 
 The Court, after deliberation, sustained the objection. 
 
 I did not apply for any tent material ; I said that I could not get any.; I had 
 no one to apply to ; there was none to get. I think Captain Wirz was in com- 
 mand there all the time I was there ; I never missed liim from there while I 
 staid there. 
 
 THE DOGS. 
 
 I don't know how many hounds were there ; I have seen about eight at a 
 Aime. They were common plantation hounds ; they are hounds trained to run 
 people ; I guess these dogs were trained to run people ; they ran them. I did 
 not see them trained ; they were common-sized dogs, about half as high as this 
 railing (about four feet high.) They were common hounds, such as you find on 
 all the plantations of the south ; I think they were nothing more or less. They 
 di^ not appear to be particularly ugly or savage, more than a common hound, 
 so far as I saw. ' I never saw them pursuing any one ; I have heard them at it; 
 heard them crying in the woods. They made a noise like a hound ; I cannot 
 exactly imitate it. I have seen a hound pursue game. I have never heard 
 them cry in the same way when they were not pursuing game as they do while 
 pursuing it. There is a particular sound when they are pursuing ; I cannot 
 describe that particular sound ; it is a more ferocious sound than when they are 
 / pursuing in sport. I never saw a man bitten by those dogs. 
 
 threats OF WIKZ. 
 
 When Captain Wirz was messing or counting the men, he could have trans- 
 ferred the one of whom I spoke if he had chosen to do so. The man was ask- 
 ing to go into that mess. The prisoners had just come on from Danville and 
 had not gone into the stockade. 
 
TBIAL OF HENBY WIBZ. 121 
 
 THE CHAIN-GANG. 
 
 September 1, 1865. 
 
 John F. Heath, for the prosecution : 
 
 I reside in Macon, Georgia. I have been in the confederate service. In 
 1861 I was in the 20th regiment Georgia volunteers. I. was commissary, with 
 the rank of captain. In April, 1864, I was in the Georgia reserve corps. I 
 was on duty at Andersonville from May till October, 1864. I know the prisoner ; 
 I have seen him at Andersonville. I understood that he commanded the prison 
 at Andersonville. I never received any orders from him directly. I was never 
 on duty at the prison but one day. There were thirteen prisoners sent over 
 from headquarters to be ironed. I think it was in August ; I was officer of the 
 day. They were sent over to me from the provost marshal's office, to have 
 them ironed ; they were not ironed on that day ; I think on the second or third 
 day afterwards twelve of them were ironed. The men were sent over under 
 guard, with an order from Captain Wirz. I did not read the order. I was 
 ordered by a man named Reeves who pretended to be a provost marshal at 
 Andersonville. The men came from Brigadier General John H. Winder's head- ^ 
 quarters ; that is the occasion I have referred to. There was one man chained 
 in the gang of twelve, who was sick at the time he was chained. I could not 
 say to my certain knowledge what became of him. I know that I saw him 
 several days afterwards very sick ; every man who was chained with him ob- 
 jected to it. The man had the diarrhoea ; I should judge so from the looks of 
 his clothes, and he was very lousy ; I could see from a distance the lice crawling 
 over him. His comrades objected to being chained with him, because of his 
 condition. Their objections were not heeded; he was chained with them. I 
 do not know that their complaint ever went to Captain Wirz ; they objected to 
 being chained by the side of such a man. He was the last of them I think that 
 was chained. They had to all travel at the same time and for all purposes.,] 
 I cannot say to my certain knowledge what became of the sick man. I think 
 this took place in the month of August, 1864. 
 
 MEN BITTEN BY THE DOGS. 
 
 At the time that these thirteen men were to be ironed, one of them got away ; 
 we called him " Little Frenchy;" a hound was put upon his track. I ran 
 down to the little swamp, between a quarter and a half mile off. Just as I got 
 to the swamp I heard a shot from a pistol, and I saw the man in a tree. Captain 
 Wirz came up and ordered the man to come down. The man begged the dogs 
 should not be let hurt him. He made the man come down, and with that the 
 dogs rushed at him. I could see the dogs run up and grab him by the legs. 
 Captain Wirz did not try to keep the dogs off from the man ; he could have 
 done so. I do not know who fired the pistol ; I only heard the report. The 
 prisoner was sent with a gang two days before to be chained. He was not 
 chained afterwards. I saw him two or three days afterwards in the gunrd 
 quarters, withoiit the chains upon him ; I saw him sitting and walking about 
 in there, as I passed. I did not notice his wounds ; I was not near enough to 
 nim to see whether he had wounds or not. 
 
 ACTS OF CEUELTY BY WIRZ. 
 
 I have seen Captain Wirz kick two or three prisoners. I cannot tell for what 
 reason, except that he got a little excited. At one time, I think it was when 
 they were moving from Andersonville, I saw him kick a prisoner. To the 
 best of my recollection it was the case of a man who was trying to get out of a 
 squad to which he did not belong. I think it was in September, 1864. 
 
122 TEIAL OP HENRY WIRZ. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I was on duty in the stockade only once. I think it was in June, 1864. It 
 
 was in a very bad condition. It was in June, I think, during the rainy season. 
 
 I was officer of the guard. The stockade was very muddy and filthy, and the 
 
 stench very bad. The prisoners had no shelter. All the shelter they had was 
 
 what they could carry in their blankets and such things as they were allowed 
 
 to carry in when they went there. Some few had dug holes in the ground and 
 
 had covered them with pine tops. I do not know that the digging of holes 
 
 diminished the space that the men had to stand upon. I never saw a man im- 
 
 ' prove much under the treatment there. I have heard Captain Wirz remark 
 
 ' that if there were any more prisoners brought there, he did not know where to 
 
 put them ; that there wasn't room enough then in the stockade for the men to 
 
 \ lie down. I cannot say when that was ; it was before the stockade was extended. 
 
 Tnever heard him make any other remark with reference to the prisoners that 
 
 I recollect. 
 
 CONDITION OF THE WATER. 
 
 The bake-house was upon the stream that passed through the stockade. It 
 was very filthy and all the stuff from it was thrown out into the stream which 
 passed through the stockade. There were two regiments encamped right upon 
 the stream, one upon one side and one upon the other, just above where it 
 entered the stockade. The drainage from these encampments passed into the 
 stream. 
 
 Cross-examined by Counsel : 
 My regiment went from Macon to Andersonville. I think we went from 
 Macon in May. I think it was formed between the 16th of April and the time 
 we left Macon. It numbered some six or eight hundred. I think we left An- 
 dersonville between the 1st and 15th of October, 1864. I should not judge 
 that all who went there with the regiment went away with it. A good many 
 deserted and a good many were sick. I could not tell you the proportion. A 
 good many died. I was not sick a minute myself while I was there. It was 
 unhealthy for the soldiers. 
 
 MEN BITTEN BY THE DOGS. 
 
 I think it was in June when I saw those hounds at the tree. I cannot tell 
 whether it was the same circumstance described by a witness yesterday. That 
 was the only circumstance of the kind that I ever saw or that ever came to my 
 knowledge. I said I heard a pistol fired. I presume it was a pistol, some kind 
 of a gun, and directly after I saw the man in the tree, and Captain Wirz came 
 up and ordered him down. That is what I said. I do not presume it was more 
 than half a minute after 1 caught sight of the man in the tree when I saw Cap- 
 tain Wirz; it was almost at the same time. Captain Wirz was some ten or 
 fifteen, perhaps twenty, feet from the tree when I first caught sight of him. I 
 did not see any pistol in the man's hand when he came down from the tree. I 
 did not see any pistol drop from the tree. I do not know whether the man fired 
 at Captain Wirz or the dogs. I saw the dogs run up to the man and snap at 
 him and jump back, but whether they tore him or not I cannot say. He walked 
 off, not exactly in the same condition, as I and Captain Wirz did, because Cap- 
 tain Wirz and he were very muddy and I was not. Captain Wirz and he were 
 both a little muddy. Captain Wirz was in the mud when I saw him first. 
 That is the way I know it. I did not see him take hold of the dogs. I saw 
 him and the dogs as close to the man as I am to you now. I could not say that 
 Captain Wirz was right up to him. The dogs were. I did not see Captain 
 
TRIAL OF HENKY WIRZ. 123 
 
 Wirz take hold of him. I do not say he did not touch him. I did not see him 
 take hold of him. I saw the man afterwards in the guard-house, not in the,, 
 stockade. It was a day or two after, perhaps the next day. He was not in the ' 
 chain-gang, nor in the stocks. He was kept under guard, that was all. That 
 was all the punishment I saw him receive for attempting to escape, and all that- 
 I knew of. If you ask my opinion I should say it was a very severe punish- 
 ment for a man attempting to run the guard to have a parcel of dogs around 
 him. My opinion is, that any man who is a prisoner has a right to get away 
 if he can. That would be my doctrine if I were taken prisoner. But as to the 
 punishment, my opinion about it would have been to put him back in the 
 stockade Of course it would be a severe punisment; if you want my opinion, 
 I would rather have been shot than put in there. 
 
 By the Court : 
 I do not know what the reason was that this man was let out under guard, 
 instead of being put in the chain-gang or the stockade ; I have my opinion about 
 that. I saw him in a day or two in the yard walking about. I do not know 
 why he was put in the chain-gang, except it was, perhaps, that the dogs had 
 bitten him. I cannot say that that was the cause of it. 
 
 THE CHAIN-GANG. 
 
 I have seen men in the chain-gang. I know they were in the chain-gang, 
 but as to the length of time I don't know. 
 
 THE RAINY SEASON IN GEORGIA. 
 
 I am a native of Georgia. We have rainy seasons there. In June, 1864, 
 we had what we might term a rainy season. I supposed it rained twenty or 
 thirty days. I cannot say it was all in the month of June, but it was in June 
 or July. I cannot say that we have seasons known as the rainy seasoifi, although 
 I am a native-born Georgian. 
 
 By Counsel : 
 I should think twenty or thirty days' rain in any country would be un-" 
 healthy. 
 
 Q. Would it not be very unhealthy indeed 1 
 
 A. I am no doctor, sir. • 
 
 Q. I ask you as a matter of fact 1 
 
 A. Well, I was not sick there. 
 
 Q. You are not prepared to give an opinion on that point ? 
 
 A. No, sir; I am no physician. J 
 
 RECORDS missing. 
 
 General Thomas called the attention of the court to the following newspaper 
 paragraph, and asked the judge advocate whether he knew anything of the 
 records therein referred to, and whether they were lost : 
 
 "records missing. 
 
 1 
 "The records of the Andersonville prison, captured by General Wilson, and 
 furnished by the War Department to the expedition sent to Andersonville by 
 order of Secretary Stanton to lay out a cemetery and mark the graves of our 
 soldiers who died in the prison at. that place, have ' turned up missing' since the 
 return of the party. One of the clerks of the quartermasters' department who 
 accompanied the expedition, and in whose hands the records were last seen, has 
 
124 TRIAL OF HENRY WIEZ 
 
 been placed under arrest ly the military authorities until he can give a satisfac- 
 tory account of the disposition he made of them . It is thought by some that if the 
 records were stolen instead of lost, it was for the purpose of preventing them 
 being used as evidence against Wirz, the keeper of the Andersonville prison, now 
 being tried by court-martial here." 
 
 The Judge Advocate stated that he did not know what authority there- was 
 for that statement. 
 
 General Thomas. It does the prisoner great injustice. 
 
 The Judge Advocate. The official hospital records and the records of 
 deaths are here, except one volume, the loss of which, I understand, Captain Moore 
 charges upon the clerk. Captain Moore sent up the other day for them, and I 
 gave him the rest of them. 
 
 General Thomas. Of course, the best evidence is the record, and I hope 
 all the records will be produced. 
 
 The Judge Advocate. Yes, sir; I do not know what that article is based 
 upon. 
 
 General Thomas. I only mentioned this to show that we want to do the 
 prisoner justice. 
 
 The Judge Advocate. I think the records will be brought to light. The 
 hospital register and the death register will be introduced at the proper time. 
 
 Mr. Baker. I ask the judge advocate whether it will be consistent with his 
 duty to have such records placed where we can have access to them. 
 ', The Judge Advocate. No, sir; not till after they are introduced. 
 
 September 1, 1865. 
 
 William Dills.rd, for the prosecution: 
 
 I reside in Macon, Georgia. I entered the confederate service on the 20th of 
 May and stayed till the last day of September. I was at Andersonville four 
 months and ten days — from the 20th May till the last of September. I know 
 the prisoner, 
 
 conditio\ of the prisoners in the stockade. 
 
 I was on duty at the stockade as a guard. I was stationed on the parapet of 
 the stockade and on picket. I had an opportunity of observing the condition of 
 the stockade and the men in it. It was very bad ; it was as nasty as a place 
 could be ; on one occasion I saw one man lying there ; he had not clothes enough 
 on him to hide bis nakedness ; his hip bones were worn away ; he had put up 
 ^two sticks and fastened his coat over them to keep the sun off his face. There 
 , were a good many lying down sick, and others waiting on them. There was a 
 very bad smell, and I suppose it was caused by the crowded state of the men, 
 and the filthiness of the place. I have smelt it at the depot in Andersonville, 
 ' out a mile from the stockade. 
 
 the chain-gang. 
 
 I guarded twelve prisoners in the chain-gang one day and night. One of them 
 was sick and very low, and had to run out every five or ten minutes, and the 
 others were wanting him turned out of the gang because he wanted to run out 
 so much. I think he was taken out about dark. I cannot say how long he 
 had been in the chain-gang. I know he was in from the morning when I went 
 on guard. He was in a sick condition all that day. I cannot say what sort of 
 a day it was. It was in August. I cannot say what became of the prisoner, 
 except from hearsay. I do not know where he was taken after he was released 
 from the chain-gang. It was all the man could do to stand alone when he was 
 taken away from there. I never saw him after that. I heard what became of 
 him from some of the boys next day. 
 
 ^b' 
 
TRIAL OF HENRY WIRZ. 125 
 
 MEN BITTEN BY THE DOGS. 
 
 Hounds were kept there to catch prisoners trying to make their escape and 
 our own men also. I saw them catch a man called " I'renchy." I was walking 
 my post and I suppose some 300 yards off. I saw Captain Wirz and Keid, the 
 provost marshal, and the man with the dogs, hunting up and down before they 
 started on the man's track, After a time the dogs got on the trail and treed the 
 man, and after that I saw Captain Wirz come down and heard a pistol or gun 
 fired and saw the smoke rise. I was more than 300 yards from where they were 
 with the dogs. I heard the men halloo and the dogs making a fuss. I saw the 
 smoke rise from the gun. I could not tell from what person the smoke seemed to 
 rise. It was in the bushes and I could not see. I could not say whether the 
 man was hurt by the dogs only from hearsay. I saw the dogs running down 
 the branch before they treed him. I did not see them when they were at him 
 at all. 
 
 THE RATIONS. 
 
 The food furnished the prisoners was very rough. I recollect one evening, ' 
 when we were going on guard, on picket, we were all stopped in front of the 
 north gate of the stockade to divide the men oflf into separate reliefs ; a wagon 
 load of peas or beans, as they call them, was going in and had stopped near us, 
 and they smelt so bad that the boys told the driver to move on. One of the 
 guard asked the black driver, "Uncle, what are you going to do with those 
 peas?" "I am going to take them inside," said the man. " Hell," said the 
 guard, " no man can eat them ; they stink too bad." The wagon drove off into 
 the prison ; the driver said, "perishing men will eat anything." J 
 
 CONDITION OF THE WATER. 
 
 The stream that passed through the stockade was a stream that ran down 
 between the first and second Georgia regiments and Furloir's battalion. I know 
 where the bake-house was situated ; all the washings from it went right through 
 the stockade; also the washings from the camps. The "pits" used by the men 
 were not five steps from the stream. I have passed them many times. I had 
 means of observing from my sentry post the condition of the stream inside the 
 stockade. It was very muddy for a length of time, but it became more sandy 
 after a while ; sometimes when it was rainy it was thick with mud and filth from 
 the drainings of the camps. 
 
 THE ORDERS TO THE SENTRIES. 
 
 Q. Have you heard the prisoners in the charge of Captain Wirz make state- 
 ments to him or heard his replies at any time while you were on duty there 1 
 
 Objected to by counsel for the accused on the ground that the question was 
 not confined to any particular matter alleged against the prisoner. 
 
 The Judge Advocate reminded the court that the allegation was continuous 
 from a certain date to a certain date. 
 
 After deliberation, the objection was overruled. 
 
 A. I do not remember to have heard him say anything. I never received 
 any orders from the prisoner. I never heard him give any orders with regard 
 to the duties of the sentries. We received our orders from the sergeant down 
 at the stockade; this was after we had been turned over for duty at the prison. 
 I did not receive my orders from the officers commanding our regiment. 
 
 THE STOCKS. 
 
 I have seen several men in the stocks. I have seen some fastened by their 
 feet and lying exposed to the heat of the sun and to the rain. I saw one man 
 
126 TRIAL OF HENEY WIRZ, 
 
 fastened by the neck and with his arms extended, who had no hat on ; I do 
 ' not know how long he was in there. I never saw any one in the stocks when 
 Lthey were sick, that I know of. 
 
 Cross-examined by Counsel : 
 I saw men in the stocks some time in August ; I saw them there a good many 
 timfes in passing, on a number of days ; I do not know whether it was the same 
 persons that I saw there at all the times ; there were some that appeared to be 
 the same ; the prisoners were not generally supplied with hats ; a great many of 
 them never had hats on at all ; at that time it was not more unusual to see men 
 in the stocks without a hat on than one out of the stocks without a hat. 
 
 MEN BITTEN BY THE DOGS. 
 
 It was some time in August that I saw the hounds ; it was the same occasion 
 referred to by the last witness ; 1 never saw another occasion but that ; our own men 
 talked about it considerably; it was pretty generally talked of; I did not see 
 the dogs bite the man; I was not within 300 yards of him; he was a small 
 Frenchman ; I have no means of knowing whether he was ever touched by the 
 dogs, nor by whom the shot was fired ; I cannot tell whether the shot came from 
 the tree or the ground ; I heard the dogs making a noise ; I did not see the man 
 afterwards that I know of ; all I know of it is simply a casual observation made 
 
 ' at the time ; I said the dogs were there to catch our own men as well as prisoners ; 
 
 , I-mean by our own men, our soldiers. They could be used indiscriminately to 
 catch either the one or the other — confederates or Union ; I do not know how 
 many dogs were there ; I counted seven one day, when I saw them near the 
 depot ; I never saw but that one patch ; they were our common fox-hounds ; 
 they were not at all ferocious ; they were common plantation dogs, such as are 
 round the houses, and that the children play with ; they were not different ia 
 any respect from our house-dogs; they were just small dogs. 
 
 By the Court : 
 I know the dogs were started in pursuit of thirteen men of the 2d Georgia 
 regiment; the dogs were carried off ; I do not know whether they ever struck 
 the trail or not ; they told me they were put on the trail ; I did not see them 
 start. 
 
 By the Judge Advocate : 
 I did not see them start off; I did not hear them at any time. 
 
 THE CHAIN-GANG. 
 
 By Counsel : 
 I think it was the last of July or the first of August when I saw those men in 
 the chain-gang, about the same time that I saw the others in the stocks ; I think 
 there were ten in the chain-gang the day I guarded them ; I never saw thirteen 
 in that lot ; it may have been the lot of thirteen I have heard spoken of, for all 
 I know ; I have seen several lots, but twelve was the most I ever saw in a gang ; 
 I do not know for what they were put in the chain-gang ; I never heard. 
 
 HEALTH OF THE GARRISON. 
 
 It was not healthy in our regiment while we were at Andersonville ; a great 
 many were sick — several died ; it was what I call very unhealthy. 
 
 CONDITION OF THE WATER. 
 
 I do not know who located the sinks on the banks of the creek ; I do not 
 know that Captain Wirz had anything to do with it ; I have no reason to sup- 
 pose he did. 
 
TRIAL OF HENRY WIRZ. 127 
 
 THE ORDERS TO THE SENTRIES. 
 
 By the Court : 
 There was a sergeant in charge of the guard down at the stockade ; I do not 
 know to whom he reported ; we had an officer of the day every day ; I do not 
 know his rank ; I never paid any attention to him ; it was sometimes one cap- 
 tain and sometimes another. 
 
 September 1, 1S65. 
 
 Calvin Huneycdtt, for the prosecution : 
 
 I reside in Bibb county, Georgia ; I was in the confederate service from April, 
 1864, till April, 1865 ; I was on duty at Andersonville about five months, I 
 reckon; I went there in May, 1864, and stayed until September or October, I 
 believe. 
 
 CRUELTIES committed BY WIRZ. 
 
 -I 
 I know Captain Wirz ; I have heard him abuse the prisoners and draw his 
 pistol to shoot them ; but I never saw him shoot any one. I have seen him kick 
 them, in July, I believe, for not standing up in ranks, when Captain Wirz was 
 counting them off; the man was sick; he looked like it ; I do not know what 
 was the reason he did not stand up only that ; he was not trying to escape. I 
 have heard Captain Wirz threaten to shoot prisoners at the time he drew his 
 pistol; it was when they were brought there to be put into the stockade; he 
 was counting them off. There was one who did not stand up in the ranks, and 
 the Captain drew his pistol and said he would shoot him if he did not stand up- 
 right ; he kicked him a little, not much ; the soldier looked sick ; I do not know 
 what was the matter with him. 
 
 MEN BITTEN BY THE DOGS. 
 
 I recollect the man they called " Frenchy" trying to escape ; he was caught 
 by the hounds ; I saw him after he was caught ; he was torn by the hounds pretty 
 badly, in the leg ; I think it occurred in August ; I do not know whether he 
 was put in irons ; I saw him when he was brought up to Captain Wirz's head- 
 quarters. Captain Wirz was with him, as well as I can recollect, and the man 
 who kept the hounds ; I saw where the hounds tore the man ; it had the ap- 
 pearance of a dog-bite. 
 
 THE CHAIN-GANG. 
 
 I guarded the prisoners in the chain-gang for one or two days and nights ; 
 I do not know how long the men were kept in the chain-gang without being- 
 relieved ; they were in there every time I saw them ; I do not know that they 
 were exactly the same men ; I do not know how long any one man was kept in 
 the chain-gang ; I have no idea ; they were kept there while I was on guard ; I 
 was on guard twice a day and a night at a time ; they were in there during that 
 time ; they were not changed during the time ; I know of an instance where 
 one of them became very sick in the chain-gang ; I know that the rest 
 of the men who were chained to him complained of his being sick and 
 wanted him loosed, he bothered them so much in going out ; I do not know 
 how long he was kept in the chain-gang, nor what became of him. I did 
 not see the chains taken off; I do not recollect any others confined in the 
 stocks or chain-gang who were sickly ; I think that one of them had six men 
 in it and the other had twelve in it ; I recollect that they cut the chains off one 
 prisoner andhe got away one night and he escaped, but they caught him and brought 
 him back ; I mean the man himself cut off the chains ; I do not know of any 
 instance when the rebel authorities had to out off the chains by reason of theii- 
 affecting the prisoner. 
 
128 TRIAL OF HENRY WIRZ 
 
 A PRISONER WHIPPED. 
 
 ' I saw one of the prisoners whipped ; I did not count the strokes, but to the 
 best of my knowledge it was about twenty-five or thirty I do not know who it 
 was that was whipped ; he was a white man, a prisoner of war ; I saw a man 
 come from Captain Wirz's headquarters, who took him out and whipped him; 
 I do not know his name ; he was an officer ; the whipping commenced right straight 
 away after he came out ; the officer walked down and carried the man off with a 
 couple of guards ; I did not hear the officer say anything at the time. He did 
 not say by whose order the man was to be whipped ; I was not close to him ; I 
 was about thirty yards away ; the man was stripped and whipped on the bare 
 skin, right upon his back ; he was not tied up ; he was whipped with a common 
 size hickory, about four feet long ; I do not know whether it was green or 
 seasoned ; they afterwards carried the man back and put him in the stocks ; I 
 never knew what they did with him after that ; the man had blackened himself 
 and tried to escape with the darkies when they went in carrying rations ; I do 
 not know of anything that was said at that time. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 The stockade was very much crowded ; the tents they had to stay in were 
 made pretty much out of blankets and pine tops ; it smelled very badly ; I was 
 occasionally on picket ; I was on picket on the outside of the stockade ; I pre- 
 ferred picket duty ; it was the best on account of not having to stand so long ; 
 I never noticed particularly how far the offensive smell from the stockade reached. 
 
 TREATMENT OF THE DEAD. 
 
 The prisoners who- died were buried in a trench, side by side, with the dirt 
 thrown over them, with no covering, without any box ; I should judge the trench 
 was about two or three feet deep ; I was standing on post one day when they 
 were taking bodies out ; they had been there so long that when they were brought 
 out and put in the wagon they burst, something broke inside, and ran out of 
 their mouths and noses and- smelled very badly. 
 
 CRUKLTIES COMMITTED BY WIRZ. 
 
 Cross-examined by Counsel : 
 
 I think it was in July or August that the prisoners of whom I spoke as 
 being counted off by Wirz came there ; I cannot tell exactly which ; to the best 
 of my knowledge it was in the latter part of July ; I do not know where they 
 came from ; I do not know how many came at that time ; there was a right 
 ^mart lot of them ; there were a few hundred ; I do not know how many ; I cannot 
 'give any idea ; I never saw Captain Wirz kick a prisoner but that one time ; he 
 kicked him very little then ; I do not know whether it would have hurt me to have 
 been kicked that way — it might ; I should not like to have taken it ; it was a shake 
 to make the man stand up and behave himself; he jerked him and kicked him ; I 
 ^.walked right off; that was all I saw. 
 
 I was in the 3d Georgia reserves ; I was on duty there somewhere about five 
 months ; I never saw any other act of cruelty than what I have mentioned. 
 
 MEN BITTEN BY THE UOGS. 
 
 I I spoke of a man being torn by the dogs ; he was torn in the legs ; I saw his 
 pa,nts torn and the flesh on the legs too ; it was torn right smart ; more than it 
 might have been by the briars ; I never saw a man's leg torn so much by briars ; 
 it was not the same kind of a tear ; it looked as though it was torn by dogs ; I 
 did not see the dogs tear him ; I do not know whether the man was locked up 
 
TEIAL OF HENRY WIRZ. 129 
 
 any more ;. I did not see him any more ; I did not see the dogs pursuing Mm ; 
 when I first saw the man after he came back he was between where he was 
 caught and Captain Wirz's quarters ; I don't think they kept the dogs to run 
 after our soldiers as well as the prisoners ; it was merely for the prisoners ; I do 
 not know about that. -^ 
 
 A PRISONER WHIPPED. 
 
 —\ 
 
 The man who disguised himself as a negro escaped from the stockade ; he ran ! 
 the guard ; he was detected at some distance and brought back ; as well as I 
 can recollect it was in July when I saw that whipping, about the same time as 
 the other incident I spoke of; not much difference ; I never saw any other act 
 of the kind during my five months there. The man who was whipped had tried 
 to make his escape by blackening himself; I saw the man who gave the whip- 
 ping ; it was the man who came from Captain Wirz's headquarters ; I think he was 
 an ofiioer ; I do not know his rank; I think he received about twenty-five or thirty 
 blows with a hickory a little larger than those used for whipping boys at school — 
 about three or four feet long ; the man did not hollo much ; he looked savage ; the 
 whipping did not start the blood ; it seemed to hurt him a great deal ; after he 
 was whipped they brought him back and put him in the stocks ; I never saw 
 him afterwards ; I never saw anything of Captain Wirz about that time ; I do 
 not know where he was ; I think this was about the last of July ; I do not know 
 when Lieutenant Davis was on duty there; I did not know him. . 
 
 By the Judge Advocate : 
 I think it was in the latter part of August that the prisoner was whipped. 
 
 THE CHAIN-GAXG. 
 
 By Counsel : 
 They had a chain-gang tent ; the chain-gang was generally in a tent ; they 
 had a fly-tent ; I do not know that they were protected from the weather as well 
 as they could be, but I reckon that 'it was such as they had ; it was not ^s 
 good as our covering ; their tenting was pine boughs and blankets ; they had 
 some few tents in the stockade ; if they had not been in the chain-gang they 
 would have been very comfortable there — better than iu the stockade, I suppose, 
 much better ; the only hardship about it was their being in chains ; I do not 
 know that it was better for them having a tent in the chain-gang than being in 
 the stockade under a blazing sun; I think I should rather not have a chain on. 
 There was some difference between being in the stockade under the run and being 
 in the chain-gang under a tent. 
 
 condition of the prisoners i.\ the stockade. 
 
 — r 
 The filth that was inside and outside made the condition of the stockade so * 
 bad ; I do not know whether it could or not be otherwise with such a crowd of 
 prisoners there. It would have been better, of course, if there had been only a 
 few there ; I suppose if it had not been overstocked there would have been room 
 enough. ^ 
 
 treatment of the dead. 
 
 I spoke of some men having been buried there ; it was in August, I think. 
 When I went over they were burying them, and I never went to the grave-yard 
 after that. I do not know how many were buried there at that time; there were 
 some eight or ten thousand, I think. The grave-yard was about three-fourths of 
 a mile from the stockade. It was in a sort of northerly direction. I do not know 
 whether they could get wagons to carry the dead when they wanted them or 
 H. Ex. Doc. 23 9 
 
130 , TRIAL OF HENRY WIRZ. 
 
 not. They carried them out in wagons. They had to carry a number at 
 time. They carried as many as could lie in a wagon. They could not can 
 all at once. I do not know whether ibey had transportation enough to couve 
 them. The bodies that I saw carried away came from the hospital. I did m 
 see them taken from inside the stockade. I do not know whether it was tl 
 duty of the surgeons or Captain Wirz to look after those in the hospital. I nevi 
 saw Captain Wirz meddling with those outside — never in my life. I never sal 
 him commit any other act of violence than those I have referred to. He nevi 
 hurt nor offended me in any way. I did not see the chain-gang at the time 
 saw Captain Wirz draw the pistol ; that was another day. 
 
 the chain-ga.ng. 
 
 September 1, 1865. 
 
 James Mohan, for the prosecution : 
 
 I have been in the confederate service only as a private. I was afterward 
 elected a second lieutenant in the third Georgia reserves. I was on duty j 
 Andersonville for about five months — May, June, July, August, Septembei-, an 
 up to, I believe, the 13th of October, 1864. I was not much around the stocli 
 ade. I was appointed assistant provost marshal for a time, and my businea 
 was with my own men, running up and down the trains, examining passportl 
 &c. I had nothing to do with the prison except sending over prisoners tha 
 arrived there, and prisoners that had escaped and were caught and brought t 
 the provost marshal's office. I would send my guard over to Captain Wirz' 
 headquarters with the prisoners by order from the provost marshal. I did no 
 receive any orders at all in regard to the treatment of prisoners. The disposi 
 tion of them was to turn them over to Captain Wiiz ; that he had sole charge c 
 them. I received orders on that subject from the provost marshal. He wa 
 under General Winder. Captain Wirz was then commander of the inner prison 
 he had charge of all the prisoners that came down there. I had something t 
 do with putting chains on prisoners. The prisoners were brought from Oaptai: 
 Wirz's headquarters to the provost marshal's office by a guard. The proves 
 marshal ordered me to take charge of the guard up to the blacksmith's shop. J 
 went up there with the prisoners to take charge of the guard, and to see als 
 that the prisoners got their irons qn. There was a verbal order on that snbjecj 
 A sergeant of Captain Wirz came over with the prisoners from his oflSce. 1 
 was to see that these men had balls and chains put on them and linked togethe 
 with a sort of a collar around their neck and a chain attached to it. I took ove 
 thirteen men. The collars were not ready that day and I sent the men ove 
 again to Captain Wirz's quarters. I told a lieutenant under me to take then 
 over and to state to Captain Wirz that the irons were not ready.' Those wer 
 the orders I received from the foreman of the shop — to tell Captain Wirz tha 
 the irons were not ready. The next day the men were sent over there, but i 
 did not take them. I saw them coming down the hill with balls and chains oi 
 them, linked together. 
 
 MF.\ BITTEN BY THE DOGS. 
 
 When I was sending the prisoners over to Captain Wirz's headquarters i 
 young man whom they called " Frenchy " escaped. He was not put in the ganj 
 afterwards. The gang consisted of twelve men. In the evening " Frenchy ' 
 was recaptured. When this lieutenant who was under me carried the men ove 
 it was found that there were only twelve men. Wirz got on his horse and rodi 
 over. He said : "that damned Frenchy has escaped again ; send for the dflgs.' 
 The dogs came and got on the trail of him and recaptured him in the woods, o 
 rather by the stream that ran by the stockade. Captain Wirz did jiot ride ol 
 
TRIAL OF HENRY WIRZ. 131 
 
 with the dogs ; he got off his horse and walked. He went alongside the dogs ; 
 that is, when the dogs got down across the stream, the dogs went one way and he 
 went another, along with Captain Heed, the provost marshal, searching for this 
 man. I was standing on a platform at the depot and I saw where he stood, and 
 heard the howling of these dogs around the tree. It seemed as if the prisoner was 
 up there. 1 did not see him. I looked around again to see where Captain Wirz 
 was and I heard the report of a pistol and saw the flash. I should judge the 
 flash came from Captain Wirz. After firing, they captured the prisoner and took 
 him to the guard tent. I know that he was injured. I saw him a day or two 
 afterwards. His pantaloons were torn on the leg and he looked sickly. I don't 
 know whether his flesh was torn ; I did not see. I cannot tell why he was not 
 put in the chain-gang. I heard he was badly bitten from some of my brother 
 officers there, after the affair happened, when we were talking about it. The dogs~[ 
 were common hounds. I believe there were a couple of them called catch-dogs ; 
 the others were hounds. The technical name is fox-hound. They call some of 
 them track-hounds there. I believe there are track-hounds and catch-dogs ; I am 
 not much acquainted in the dog line. One' is very vicious by nature. I don't i 
 think the other is very dangerous. The catch-dog is vicious. 
 
 THEEATS OF WIRZ. 
 
 I very frequently heard Captain Wirz remark that he wished the prisoners " 
 were all in hell and he with them. Sometimes they would offend him or some- 
 thing like that in his office — he wQuld say it if any prisoners would make him 
 angry around his quarters or around the stockade, or anywhere else where he 
 was. There were a large lot of paroled prisoners outside — four or five hundred, 
 I presume. I did not hear him make use of any other remark. _j 
 
 THE ORDERS TO THE SENTRIES. 
 
 I was officer of the guard when I first went down there. That was before 
 my assignment as assistant provost marshal. 1 received instructions from Cap- 
 tain Wirz's adjutant at the stockade. He read the instructions to the guard and 
 turned the papers over to me, or when I was relieved the next morning, to the 
 officer who relieved me. The instructions in regard to the dead-line were that 
 we were not to allow any of the prisoners to cross it ; that if they crossed it they 
 were to be fired on by the sentinels, That was the substance of the instruc- 
 tions. I did not have occasion to observe the condition of the prison very well 
 while I was on duty there ; it was a place I never liked to go into. 
 
 MEN BITTEN BY THE DOGS. 
 
 Cross-examined by Counsel : 
 Captain Wirz had charge of the prisoners. I should judge he was responsible 
 for their safe-keeping. I do not know what would be done with him according 
 to the rules of war if he allowed them to escape. There were sixty or seventy 
 who escaped, and from what I learned therfe was nothing done with him. I do 
 not know whether he was obliged by his orders and his position to secure every 
 prisoner who attempted to escape. I never saw liis orders. He was commander 
 of. the prison, and I suppose that was his duty. I never saw him commit any 
 personal acts of violence except in the discharge of his duty of guarding and 
 punishing the prisoners. I do not know what become of " Frenchy." I do not 
 know whether he was one of those desperadoes who have been spoken of as being 
 inside the stockade. I know nothing at all about his character. I never heard 
 anything in regard to it only that he tried to make his escape six or seven times. 
 When he made his last escape he was tracked by the dogs. I never knew of 
 
132 TRIAL OF HENKY WIEZ. 
 
 OaptaJD Wirz punishing him before. I do not know that I would have b( 
 obliged to use the dogs as he did if I was in Captain Wirz's place. I don't kn. 
 what the orders were. I do not know that the dogs were kept there to trs 
 prisoners. I never knew of any other persons bringing in prisoners- with do 
 I have seen persons bring them in in buggies. I don't know whether tb 
 caught them with dogs. I don't know that it is customary in the south for dc 
 to track people running away; I hear it is so in plantations. I have spoken 
 " catch dogs." I don't know why they are called so. .They are about the sa 
 size as the others. They look as if they were stronger. I did not see a 
 other dogs but this pack. Turner had the dogs. Ho was a detailed soldier in t 
 confederate service. The dogs were kept there for prison purposes I did 
 see them when I first went there ; they might have been there. I saw Oapti 
 Wirz after " French}' " was caught going up the hill. I did not see him nf 
 him when he was caught. I attended to the provost marshal's dutyther?. I 
 man ran away, or attempted to run away, it was my duty to pursue him. 
 he turned upon me to try to overpower me it was my duty to try to get the b 
 of him. I would shoot him if it was necessary. If he would not stop when co 
 manded, my duty as a soldier would be to fire on him. I don't know if it woi 
 be Captain Wirz's duty to fire on him or order him to be fired on, if he tv 
 running away from him ; I cannot answer that question. In pursuing the m; 
 it would certainly have been my duty to fire ou him if he did not stop; the do 
 had this man at bay. It was more gentle to bring him at bay with the do 
 than to fire at him and kill him. 
 
 THREATS OF WIRZ. 
 
 I fiannot say how Captain Wirz came to make such an expression as I ha 
 quoted. He appeared angry. It was a laborious task to take care of the 
 prisoners. I cannot tell whether it was a very laborious task; from the s 
 pearance I should suppose it was. It was a very vexatious task. I would i: 
 have liked to have it. I don't think anybody was ambitious of having the sil 
 ation. 
 
 Q. Did not all these means you have mentioned have to be resorted to 
 keep these prisoners there ? 
 
 The Judge Advocate objected to the question, on the ground that it coi 
 only elicit the witness's opinion. 
 
 The Court, after deliberation, sustained the objection. 
 
 condition of the prisoners in the stockade. 
 
 September 1, 1865. 
 
 Samuel Hall, for prosecution : 
 
 I reside in Macon county, Georgia. I have lived there during the rebelli) 
 ten miles from Andersonville. I visited the prison at Andersonville frequent 
 from August, 1S64, till April, 1865. I observed the condition of the prison 
 a distance, near enough to give an opinion with regard to the condition of t 
 prison. When I first saw it in the month of August it was literally cramm 
 and packed ; there was scarcely room for locomotion. It was destitute of shelt 
 as well as I could judge, and at that time there was a great Hiortality among t 
 prisoners. I met Captain Wirz while I was there. I infer that he was in co 
 mand of the prison from circumstances which I can state to the court. Wh 
 I saw him he was writing in an office that had a sign above the door of it "Co 
 mandant of the Interior Prison." I visited the prison in December, 1864, a 
 obtained from him an order to do so, in the same office where I saw him befo 
 I don't know that I saw him do anything during the mouth of August. Subseqne 
 ly to that I saw him drawing requisitions for rations, and at a subsequent dati 
 
TRIAL OF HENEy WIKZ. 133 
 
 heard a surgeon complain to him that the guard at the prison wotild not admit him 
 without Captain Wirz's pass. Captain Wirz replied that the guard did right, 
 that he had no business in there without his pass. I don't recollect that the 
 placard which I saw with the words '' Commandant of the Interior Prison " 
 stated who was the commandant. I cannot fix the date in August when this 
 occurred. 
 
 THE SUPPLV OF PROVISIONS 1\ GEORGIA IN 1863 AND 1864. 
 
 I know of a rule in the southern confederacy during the rebellion in regard 
 to levying tithes of products ; there was an act of the confederate congress that 
 required one-tenth of all the farm products to be paid in as a tax. It was com- 
 plied ■p'ith pretty generally. There was a considerable amount of provisions 
 accumulated in that way. There was a considerable amount of cotton acquired 
 in that way. The second year of the war, however, there was in Georgia an act 
 of the legislature passed, prohibiting any man from planting more than two 
 acres of cotton to the hand, that would have made the products larger than they 
 would have been otherwise, if the season had been favorable. In 1864, the sea- 
 sou was very disastrous. There were very heavy rains during June, and subse- 
 quently there was a protracted drought and a slender crop was made through- 
 out all southwestern Georgia. My business called me through that part of the 
 country ; I passed through it frequently. The government had a butcher-pen 
 in Oglethorpe, at which I think in the winter of 1863-'64 they slaughtered some 
 5,000 head of hogs, perhaps a less number. In the winter of 1864-'6.'> pork was 
 slaughtered there ; what amount I don't precisely remember. The only other 
 commissary's or quartermaster's stores that they had there, that I know of, 
 were those received from the tithes, which were bacon, corn, oats, fodder, wheat, 
 peeled peas, ground peas, perhaps sirup, and I think there was a commutation 
 allowed for sweet potatoes that ought to have been paid as tithes. They were 
 a bulky article and difficult to keep. That is the reason the commutation was 
 allowed. These accumulations were in every county in the State which was 
 not in the hands of the enemy ; there was a tithe agent in every county. I fre- 
 quently visited other county towns ; my profession carried me to them. I noticed 
 stores and storehouses. They were not generally very full ; the stores were 
 hauled off as rapidly as they were gathered to the railroad depots, and sent to 
 the armies of Tennessee and Virginia. Oglethorpe is about ten miles from An- 
 dersouville. 
 
 CONDITION OF THE PRISONERS I.\ THE STOCKADE. 
 
 Cross-examined by Counsel. 
 
 I reside at Oglethorpe, in Macon county ; it is northward from Anderson ville. 
 I was at Andersonville several times in August; I don't know how many times. 
 I did not notice the prison every time I was there ; 1 only saw it at a distance 
 then. I never was inside the prison until last December ; it was at that time lit- 
 erally crammed. I can form no estimate of how many were inside except from 
 what the officers told me. I never saw men as closely packed as they were. I 
 only know from what General Winder told me as to how they came to be there 
 at that time. 
 
 Q, What was that ? 
 
 The Judge Advocate objected to the question, on the ground that General 
 Winder's name had not been mentioned in the examination-in-chief. 
 
 The Court after deliberation, overruled the objection. 
 
 A. General Winder stated to me that that prison was built for the accommo- 
 dation of about 10,000 men; that before it was completed the prisoners at Kich- 
 mond and other points in Virginia were extremely unsafe, by reason of Dahl- 
 
134 TRIAL OF HENRY WIEZ, 
 
 green's and Kilpatrick's raid ; they were rushed out from Libby, Belle Island 
 and elsewhere, and put into that prison. He regretted that it was so crowded ; 
 he wanted to build other prisons, and stated that he was proceeding to do it as 
 rapidly as the means at his command would enable him to do so. 
 
 He spoke about the deficiency of his means ; he stated that be could not get 
 the timber, that he could not get the labor, that he had impressed all the saw- 
 mills in that country that he could impress ; that he had got timber from every 
 quarter where he could get it, and that he could not even furnish those who 
 were there with shelter. On one occasion he came to me stating that there were 
 several vacant houses in my town, and asked mo if I would be good enough to 
 endeavor to make a contract with the owners of those houses for him, so that a 
 portion at least of the sick at Andersonville, might be accommodated. I en- 
 deavored to do so, but could not succeed, and I reported that fact to General 
 Winder. Throughout the south transportation was, during the war, notoriously 
 deficient. He did not say that Captain Wirz hindered him in carrying out that 
 benevolent design ; he did not say that Captain Wirz had anything .to do with 
 it. J got a pass to go inside the stockade. I wanted to buy a gold pen, and 
 went far enough in there to satisfy myself that I could not accomplish the ob- 
 ject of my mission, and I came out ; that was in December last. I thought there 
 might be something of that sort there, and for that reason I got permission and 
 went in. It was certainly necessary to have that pass system. If he had al- 
 lowed intei-course with the prisoners from everybody outside, I don't suppose he 
 \ could have kept them there very long. That I think must be obvious. 
 By the Court : 
 I am not a native of Georgia ; I am a native of South Carolina, but I have 
 resided in Georgia for thirty years. I do not know whether there is in that part 
 of the country a period of the year which is called the rainy season. I have 
 seen floods of rain there at almost all seasons of the year, and have seen very 
 protracted droughts. So far as I saw, the prisoners inside the stockade at An- 
 dersonville had no shelter at all except such as they made themselves by dig- 
 ging holes and putting up blankets. I did not see the camps of any of the 
 troops stationed there to guard the prison ; I never wont into the camps. From 
 the road I have seen log huts, brush arbors, and things of that sort put up, now 
 and then a fly, and occasionally a tent; so far as I observed, those 'troops had 
 shelter ; I don't say it was proper shelter ; they had more shelter than the pris- 
 oners. 
 
 By the Judge Advocate : 
 You have related what was said to you in conversation, by General Winder. 
 Do you know anything of the truth of the statements made by him ? 
 I A. I do not ; I have no personal knowledge of it. 
 
 THE SUPPLY OF PROVISIONS IN GEORGIA IN 1863 AND 1S64. 
 
 By Counsel : 
 The payment of one-tenth, of which I have spoken, was very rigidly en- 
 force(il. The ofiicers went around and collected it ; and if they could not collect 
 it voluntarily from the planters, they resorted to legal process to do it. The 
 officers had very little going round to do ; the people very generally complied 
 with the requisition without putting them to the trouble of going around ; it 
 was only here and there that any default was made. I do not think that the 
 one-tenth which they impressed in that way could have supplied the enormous 
 wants of the confederate government; I know it could not. I know that they 
 purchased, and beyond that they impressed ; and beyond that there was an act 
 of congress allowing an exemption to men who owned a certain number of 
 hands, and those men were required to furnish so much beef and so much pork 
 
 r- 
 
TRIAL OF HENRY WIEZ. 135 
 
 for each hand, and to sell all their surplus agricultural products tO' the govern- 
 ment at a price fixed by the government commissioner; and with all those ad- 
 vantages the rations of our soldiers in the field were very frequently deficient. 
 I never looked into the condition of the commissariat at Andersonville, and I 
 do not know what it was. I very frequently knew requisitions to be made on 
 the tithe agent there by quartermasters who were sending provisions to the 
 armies of northern Virginia and Tennessee ; I knew these requisitions to be made 
 when he had nothing. I don't think they were ever regularly filled after that 
 tithe law. I don't know that there was any necessity for neglecting Ander- 
 sonville, or that there was any want of transportation ; and I don't know that 
 the provisions there were short, for I know nothing about the commissariat there. , 
 
 By the Court • 
 
 That portion of Georgia has never been a hog-raising country, but since this 
 war commenced there has been an entire revolution in its agriculture. Northern 
 Georgia has been a hog-raising and stock-raising country. It is not a proper 
 country to put up bacon unless you have very. good salt to put it up with, such 
 salt as we could not get during the stringency of the blockade. We always 
 wait for cold weather in which to put it up, and then we do it with the very 
 best salt we can get. 
 
 September 2, 1865. 
 
 0. S. Belcher, for the prosecution : 
 
 I have been in the military service of the United States ; in the 16th Illinois 
 cavalry. I was a prisoner at Andersonville from the 8th March to the 8th 
 September, 1864. I was there prior to Captain Wirz's arrival there. I think 
 he came about the last of March or the first of April ; I think it was in April 
 that he came there and took charge of the prison. 
 
 SHOOTING OF A PEISO.NER BY WIRZ'S ORDER. 
 
 I saw Captain Wirz order one man shot there one day, and the guard shdc) 
 him; I did not see him do it, but I heard him. It was a man that was a 
 cripple and went on a crutch. Captain Wirz was in the stockade and this man 
 went up to him, and wanted him to take him outside. Captain Wirz would not 
 do it, and finally this cripple went over the dead-line, and said he would rather 
 be shot than stay there, and begged the guard to shoot him. The guard would 
 not shoot him, and Captain Wirz went outside the stockade. There was a 
 large crowd inside the stockade ; pretty soon I heard Wirz halloo to the sentrj; 
 on the post. He was outside the stockade in a little kind of canal which they 
 used to drive into the stockade. I heard him tell him if the man did not go back- 
 over the dead-line, the guard was to shoot him. The guard told the man to go 
 hack ; he did not, and was shot. The ball took effect in the jaw and passed 
 down through the breast. A few minutes after Wirz came on the top of the 
 stockade and threatened that if we did not go to our quarters, he would fire 
 upon us and shoot some more of us. The man that was shot was called 
 "Chickamauga." ' That happened at the south gate. I do not exactly remem- 
 ber the month. I think it was some time in June. We never paid any attention 
 to such things there in regard to dates. It was hard for us to tell whether we 
 were going to live to get out. The crippled man had lost one of his legs ; he 
 went on a crutch. "J 
 
 WIRZ SHOOTS AT A PRISONER. 
 
 I saw Captain Wirz use his revolver. After he took command, we were 
 called up and counted off in hundreds. I was sergeant of a hundred. There 
 was a man belonging to my hundred who had got away. Captain Wirz had 
 
136 TRIAL OP HENRY WIRZ. 
 
 threatened thai if any man left the ranks, he would shoot him. This man left 
 the ranks. He was sick, and was not able to stand up. They kept us standing 
 there in the hot sun all day, and would not allow any of us to go to get water 
 or anything el^e. This man started to go out of the ranks and Wiiz pulled out 
 his revolver and fired at him. The ball went thio\igh the top of his hat, hut 
 \did not hit him. 
 
 '- STOPPAGE OF RATIONS. 
 
 After we got to Andersonville we were divided off into detachments of\two 
 hundred and seventy, making divisions of ninety men. There was a sergeant 
 placed at the head of each ninety, and the sergeants were subject to Captain 
 Wirz's orders. Every man had to be present at roll-call, and if a man escaped, 
 or if the sergeant did not give an account of him satisfactory to the rebel ser- 
 geants when they called the roll, he was taken out and put in the stocks for it. 
 That prevented many men from making their escape. It was difficult in the 
 crowded state of the stockade for the men to be present at all times. They 
 gave us a small piece of ground for the ninety, staked off; it was so small that 
 it- was not suitable and the men could not stay on it, and we had to scatter all 
 over the stockade, and stay where we could get a chance. If a man was absent 
 from roll-call the result would be that the rations would be cut off — the rations 
 of the whole ninety, till the man was found; they were kept standing there; 
 they were kept standing for two days. I remember when rations were cut off; 
 on the 3d, 4th, and 5th of July there was not a ration brought into the stockade 
 ; at all. 
 
 CONDITION OF THE PRISJONBRS IN THE STOCKADE. 
 
 When first we went there the stockade was very small ; one side of it was 
 not done. After the Wilderness prisoners were brought up, and all the prisoners 
 from Cahawba, and Selma, and Danville, came they were all put in there, and 
 the prison was not sufHcient. There was hardly room enough for the men to 
 stand up. They went to work then and enlarged the north side of the stockade. 
 I should think that when we first went there, there were about twelve or fifteen 
 thousand in the prison, and then it was so small that it would not accommodate 
 the men. They enlarged it and it was still too small ; they kept running 
 prisoners in on us all the time. At one time there were forty-two thousand 
 prisoners all in the stockade. There were probably eighteen or twenty acres of 
 ground in the stockade, including swamp and all. 
 
 THREATS OF WIRZ. 
 
 I heard Captain Wirz say that he could kill, more Yankees there than they 
 were killing at the front. I suppose he was excited and angry with some of the 
 men who had said something to him. He got so at the last that he dare not come 
 over on our side of the prison at all. He could not come unless he had 300 or 
 400 men with him. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw men shot on the dead-line or crossing it ; I have seen a number of men 
 shot. , I have seen 25 or 30 killed in that way, shot in different places around 
 the stockade ; some were over the dead-line, and some were shot who were not 
 \jiear it. 
 
 SHOOTING OF A PRISONER BY WIRZ'S ORDER. 
 
 Cross-examined by Counsel : 
 I cannot remember exactly in what month it was that I saw this man who 
 was a cripple shot ; it was in the summer season. I cannot tell any nearer than 
 
TRIAL OP HENRY WIRZ. 137 
 
 that. It might have been in the month of August or it might not. I went there 
 in the month of March. I went away from there on the 8th of September. I 
 cannot tell how long it was before I went away from there tliat I saw this 
 cripple shot, because I do not know. I cannot give you any idea what month 
 it was. I cannot tell whether it was nearer to the time I went away than it 
 was to the time I went there ; I ?aw the man shot, I am sure of that. He was 
 inside the dead-line near the south gate. He had beeii round the dead-hne, 1 
 should think, 15 or 20 minutes. The sentry stood at the gate — on the post 
 where he always stood. I do not know how long I saw the cripple walking 
 round there inside the dead-line ; I did not notice ; I think 15 or 20 minutes. 
 I saw the sentries standing there always — day and night. I should think my 
 eye was always upon him. I did not know but I might get hit. I did not see 
 this sentry always ; but I saw sentries there. I saw this sentry before the man 
 was shot — I should think about 10 minutes. The sentry was looking at the 
 man before he fired the shot. I heard him say to the man he wanted him to go 
 back over the line, that he did not want to shoot him. The man did not 
 seem to obey him. There were a number of other men near (he dead-line ; 
 probably from 150 to 200. I did not hear any of them try to persuade the 
 man to return from inside the dead-line. I cannot tell what the men said. I 
 cannot remember all the conversation that was had there. They stood there 
 and looked at the man ; no one did anything. 1 should think they stood there 
 15 minutes and looked at that man without saying or doing anything. I don't 
 know whether they were mute or not, they did not say anything. They dare 
 not attempt to do anything to get the man back, for fear of being killed them- 
 selves. You don't suppose the men were going over there inside the dead-line 
 to get shot themselves. I mean to say, we dared not go over there to get him 
 away. I do not know that I heard any one tell him to come back. I heard the 
 sentry tell him to come back ; I thought it was the sentry's business. I don't 
 know, what you call desperadoes. There were such men there as desperadoes — 
 troublesome characters. I should not think he belonged to that class. He was 
 a foolish, simple man, with one leg, on crutches ; he would not be a very good 
 man to steal, I should think. I did not hear him tell the sentinel that his com- 
 rades were clubbing him. He might have said it, and I might not have heard 
 it. I do not think any of us were very well clad. The rebels took what stuff 
 we had ; we were not furnished with anything by any of the authorities after 
 we were captured. "We had clothes on, some of us, and some did not. So far 
 as I can testify of myself, I had some clothes on. I saw men there without any 
 hats on. I cannot say that nearly all of them were without hats ; the general 
 feature of the camp was that the men were all ragged, and nasty, and dirty, 
 and lousy ; that will take the whole thing in. I did not notice whether the man 
 who was shot had a hat on or not. I did not say that the bullet went through 
 his hat. That was another case. 1 cannot say that I saw Captain Wirz by the 
 sentinel when the sentinel fired. In the case of this cripple, I heard him tell 
 the sentinel to shoot him, that is all. Captain Wirz was then outside the stockade, 
 I was inside. I saw him go out of the stockade, and I heard his Toice ; I could 
 tell it anywhere, I have heard it so much. I think he was standing near the 
 post when he gave that order. I saw him come up there by the sentry after the 
 man was shot, and he told us that if we did not go back, he would shoot some 
 more of us. When that occurred there was no more disturbance than there 
 usually was. 
 
 WIRZ SHOOTS AT A PRISONER. 
 
 The man who had the hat on, who was shot, belonged to my hundred. That 
 was in the north part of the stockade. It was not near the dead-line at all. It 
 was before the dead-line was put in there. It was after Captain Wirz came 
 there. It was the first day I ever saw Captain Wirz inside the stockade. I 
 
138 TRIAL OF HENRY WIRZ. 
 
 think it was in March or April. I had been there two or three weeks. The 
 man was not hurt ; it scared him a little. That was after the Wilderness and 
 the Danville and the Oahawba prisoners came there. I think it was in- June, 
 hut it may have been in May. There were 42,000 prisoners there after the 
 Spottsylvania fight, when Grant's men g^ot there. I think it must have been 
 in June — through the months of June, July and August. That was when the 
 42,000 prisoners were there. There were but 28,000 prisoners there in May. 
 The 42,000 were thnre during the months of June, July, and August. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 ; — 
 
 While the 42,000 prisoners were there, we had no room. There was plenty 
 of ground there, and they could have built a larger stockade. It wag not pos- 
 sible, with so raaay prisoners in the stockade, to have room in such a hole as 
 that. I do not know that Captain Wirz had anything to do with sending more 
 prisoners there ; I suppose the confederate authorities captured them ; Wirz 
 did not capture them, and he had to put them somewhere. I suppose he was 
 obliged to do the best he could with so many prisoners there. He might have 
 given us more room ; and he might have given us a chance to got outside, and 
 to buiid sheds ; then we could have stood it. There were about 175 acres of 
 ' ground there. 
 
 STOPPAGE OF RATIONS. 
 
 I was deprived of rations all the time for three days. There was not a 
 ration brought in there for any of us ; there was none that I saw. That was 
 the 3d, 4th, and ."ith of July, 1864. I saw no rations brought inside the 
 stockade during those days. I had charge of one hundred men, and if there 
 had been any there, I should have been likely to have got some of them. I 
 saw rations in there; the overplus that the men had traded with the guards 
 for. The prisonei'S had no rations brought in to them, during those three days, 
 not that I saw, from the cook-house, nor from anywhere else. That was where 
 all the rations had to come from. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I have seen men shot there almost every day. I saw prisoners killed therein 
 every month, all around the stockade. I do not suppose there was a month, 
 [while I was there, but what some of our men were shot. I saw it. I saw a 
 man killed there in June, right where we got water, and in July I saw two 
 shot there one afternoon, right where we were getting water. That was in June. 
 I don't know what part of June. It was about the middle of June. I expect 
 the sentries shot them. I saw the sentries fire at them; I did not see the balls 
 hit them. I saw the men fall. I should think they were killed; they had the 
 tops of their heads blown oflf. That was right in the centre where we got our 
 water, between the north and the south side, in the slough — about the centre. 
 It was very near the dead-line. I saw other men shot int different places all 
 around. I have seen men shot right in the crowd. I saw one man shot at the 
 north gate when he was going out after wood. That was in May, I think. I 
 cannot tell what part of May, it might have been the middle, the last or first. 
 There were a number of men shot there ; I can name one I saw shot on the east 
 side of the stockade. He was lying in a tent and he happened to throw his arm 
 outside the dead-line, and the guard pulled up and shot him. That was in Au- 
 gust, after the prisoners came from Petersburg. I think it was the middle of 
 August. I have no recollection of the day. I cannot tell what day of the week 
 it was. Theman who was shot was ina tent made of blankets. I happened to he 
 
TRIAL OP HENRY "WIRZ. 139 
 
 up there with some of my friends; not in the same tent ; in a tent a little way 
 from it. I did not see him throw his arm out before the shooting, I heard the 
 other boys in the tent say it. I saw the man and I saw him shot, but I did not 
 see him throw his arm out. I saw the sentry shoot. He was on his post. I 
 should think the sentry was nearly opposite where the man was. I saw him 
 shoot — I do not know what position he was in. The ball hit the man iu the 
 head. There was no covering to the tent ; it was a blanket set upon sticks. I 
 expect he was shot because he threw his arm out ; that is as good a reason as they 
 could give for it after it was done. I told you I did not see him when he put 
 his arm out under the dead-line, but I saw the sentry fire at him. I did not see 
 the ball hit him. A man must have pretty good eyesight to see a ball strike 
 another man. I saw the man after he was drawn out ; about a minute and a 
 half after, I expect ; he was dead. I think this was in the middle of August. I 
 can tell you of instances that happened there. I was not near them when they 
 were shot, but I have seen them carried out. The others that I have spoken of 
 were shot in the stockade the same as the others. Another was shot in the hos- 
 pital before the hospital was moved outside the stockade. The hospital when 
 inside the stockade was located on the north side of the stockade. It was up on 
 the hill, jQot very near the brook. The man was trading with some guards over 
 the line when they shot him. Over the line they had marked out there what they 
 called the dead-line. He was not trading with the guards on the other side of 
 the line ; there was another man trading, and the guards fired at them. I saw 
 the guards on their posts before they fired. They fired at them, that's all. I 
 did not see them do anything just before they fired. I did not hear them say 
 anything ; they never used to say anything ; they used to draw up and let it 
 drive. This man died in a little while afterward. I did not see him die. I 
 saw him at the time he was shot, and saw him carried into the hospital, the one 
 in the stockade. One of the surgeons attended him. I cannot tell what month 
 that was. I cannot tell when it was. It was before I went away, of course, 
 not afterwards. I cannot tell whether it was nearer the time I went away or 
 neai'er the time I went there. I have no idea when it was. I can mention 
 another instance of shooting ; I ssiw a man shot near the south gate. That was 
 when we were getting some sick out. I do not know what month it was. I 
 have no idea in what month it was; I saw the man shot there; I did not keep 
 dates when I was there. I cannot tell you anything about what Lie was doing. 
 I did not see him immediately before he was shot ; he was in the crowd. The 
 guard fired into us and the man was shot. The guard was standing on the sen- 
 try post, the one at the gate. It \}'as on the north side of the south gate. The 
 man was standing down in the crowd ; we were getting the sick out; the guard 
 was standing up in the sentry post. I did not notice anything about the guard 
 before he fired; I heard the report of the gun, and I saw the man drop, and I 
 saw the guard taking his gun up after he had fired. There were probably eight 
 or nine hundred trying to get the sick men out. I do not remember whether 
 there was any unusual disturbance. I was busy trying to get my sick men 
 out, and I do not know what was said. All that I saw was that the men took 
 him outside of the stockade and he was dead. There was a bullet-hole through 
 the man's head after he was shot; the man shot was not sick — he was a healthy 
 man ; I know he was a healthy-looking man ; I do not know whether he was 
 sick or not ; he was not close to me, we were standing in a crowd all together. 
 He was carried by me ; I helped to carry him out. I cannot tell in what week 
 or in what month this was; I cannot tell anything about it. I saw other men 
 shot there. I saw a man shot at the creek just below my tent. My tent was 
 right there next to the creek on what we called Water street. It was down next 
 to the slough ; it was the last tent before you got to the bridge near the stock- 
 ade — the bridge made of stockade timber, which runs through from the north 
 side of the slough to the south side. The slough was very small ; it probably 
 
140 TRIAL OF HENRY WIRZ. 
 
 took up six or seven acres of ground, that you could not tent on, and across it 
 was the bridge running north and south. The man was shot right alongside of 
 the bridge, while getting water ; the bridge was near to the dead-line, and the 
 men used to come down to the bridge to get water from above it, because below 
 the bridge the water was not fit to use. The water ran under the bridge. 
 There was not a portion of the brook covered by this bridge or corduroy road ; 
 the bridge was only large enough for a man to walk across. The water ran 
 under it, and we had to get between there and the dead-line, and frequently the 
 men would get their heads over the line and the guards would shoot them. 
 A number of men were killed there. I cannot tell how many ; I have seen 
 them taken out almost every day. They were shot all the time we were there, 
 in different months; some in May and June, and July and August, and some 
 in September. I saw one man shot there on the 12th July ; he belonged to the 
 tenth Illinois cavalry. His name was Sherrard ; a sentry shot him. I tell you, 
 as I told you before, that men were shot right down at the brooks every day, 
 or every two or three days. I could not tell you who they were or anything 
 about it. It got to be so common a thing that we paid no attention to it. I 
 have told you all I know about it. I cannot designate the day or the month 
 when they were shot ; I did not pay any attention to it. I can tell you, as I 
 did before, that I saw men shot at the creek getting water, but I cannot tell you 
 the month or day. We did not pay any attention to it ; it was an every-day 
 occurrence, and all we looked out for was not to get hit ourselves. I told you 
 one regiment to which a man belonged who was shot. I cannot tell any other. 
 I saw the men shot ; I saw the guards fire and I saw the men carried out of the 
 prison. Some of the men who were shot went out to the liospital, and some 
 were killed dead. I cannot tell whether the men got well who went to the hos- 
 pital, because we were not allowed any communication with men outside in the 
 hospital. All these men were killed by sentinels, of course. I have seen 
 Captain Wirz round the sentinels when they fired. 
 
 September 2, 1865. 
 
 James K. Davidson, for the prosecution: 
 
 I have been in the militai-y service of the United States ; I was in the 4th Iowa 
 cavalry ; I was taken prisoner August 16, 1863 ; I was taken to Belle island ; 
 I remained there till February 26, 1864 ; I was taken from there to Anderson- 
 ville ; I arrived there on the 8th of March, 1864 ; I think Dr. White was then 
 in command of the prisoners ; Captain Wirz was not there at that time ; I think 
 he came there about the last of March or the first of April. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I Staid in the stockade at Audersonville till the 11th of May; it was in a 
 pretty filthy condition then ; the slough running through there was very 
 filthy, indeed ; the health of the prisoners was very poor; I saw them dying 
 there every day ; before I went away there were, I think, fifteen or twenty 
 thousand prisoners there ; when I went in there were not more than three 
 or four thousand ; Captain Wirz was in command when I went out of the 
 stockade ; I saw plenty of vermin in the stockade. 
 
 TREATMENT OF THE DEAD. 
 
 Many prisoners died in the stockade. The hospital was then within the stock- 
 ade ; the dead men were carried on stretchers out to the gate, and from there 
 they were hauled to the graveyard in wagons. Part of the time I was employed 
 outside the stockade chopping wood, and part of the time driving a wagon from 
 the hospital to the graveyard ; I drove a wagon to the graveyard a little over a 
 
TRIAL OF HENRY WIRZ. 141 
 
 week ; not two weeks, I think; ttere were two teams of lis driving; we would 
 each have from 50 to 75 men per day ; we would throw them in the wagon just as 
 wfe would wood ; sometimes there were 20 or 25 at a load ; we drove the same 
 wagons back to the stockade loaded — sometimes with wood for the prisoners, 
 sometimes with rations. We would go by way of the depot sometimes and get 
 •rations in the same wagon in which we carried dead bodies ; those were the 
 orders, I believe, from the quartermaster or the man who had charge of the teams ; 
 I believe his name was Duncan ; I think he was an officer ; he had charge of the 
 cook-house. 
 
 THE RATIONS. 
 
 We drew these rations from the Andersonville station : from the depot ; I was 
 there nearly every day ; I saw a storehouse there ; I should judge it was, from 
 100 to 150 feet long, and not over 40 feet wide ; it contained cornmeal, bacon, 
 beans, rice, and Hour ; it was pretty well filled at the time I saw it ; there seemed 
 to be a pretty plenty there ; I saw any quantity of vinegar at that station, in 
 barrels ; I do not remember the quantity ; I have seen a good many barrels of 
 vinegar and also sorghum molasses ; the ration of vinegar to the prisoners was, I 
 think, about a barrel to every thousand men for ten days ; an ordinary |ize i 
 barrel. 
 
 THE SUPPLIES FROM THE NOETH. 
 
 I saw boxes of clothing and other articles sent by the sanitary commission ; i 
 I saw them at the depot and at Captain Wirz's headquarters ; I saw mostly 
 dried beef and dried apples, fruit of almost all descriptions ; I saw clothing ; I 
 never saw either clothing or rations of that kind issued to the prisoners ; I have 
 seen rebels wearing the clothes ; I have seen them using our blankets and shirts, 
 and also shoes that 1 knew were ours ; I never saw them using the rations ; I 
 have seen Captain Wirz make use of some of those articles ; I have seen him 
 use some of the crackers and cheese and dried beef at his office ; I saw boxes 
 lying there containing sanitary stores that were not good ; I saw them in August 
 or about the 1st of September ; they had been there all summer, 1 believe ; I 
 saw the same boxes previously ; I think I have seen at the depot as high as four 
 or five hundred boxes of different sizes from the sanitary commission ; I knew 
 that those boxes contained sanitary goods because they were marked " U. S." 
 I saw boxes so marked opened and they contained articles of the sanitary com- 
 
 THE POSSIBILITY OP MAKING SHELTER FOR THE PRISONERS. 
 
 There was some lumber about the stockade when I was there; there was 
 lumber there in August ; I cannot give the quantity ; I don't know how many 
 teams there were at the post ; there were more than forty, I should think ; they 
 were mule teams — generally four to six mules to a team ; there were plenty of 
 axes at the post ; there was an axe factory at the depot, and axes were made 
 there — not very good ones, but they would do very well ; they were better than 
 
 THE SUPPLY OF VEGETABLES NEAR ANDERSONVILLE. 
 
 I have seen, vegetables grown there and some brought to mai-ket ; they were 
 roasting-ears, green peas — almost all kinds of vegetables ; I saw peaches and 
 melons, Irish potatoes and sweet potatoes, cabbage and collards ; I don't know 
 in what quantities I saw them ; they were brought in there by the citizens almost 
 every day ; they were brought in to sell ; they sold them to the prisoners once 
 in a while on the sly ; they had orders, I suppose, not to sell it ; if they had 
 be en caught at it I suppose the y would have been punishi?d. 
 
142 TRIAL OF HENRY WIRZ. 
 
 THE CHAI\-GANG. 
 
 I saw the chain-gang ; I have seen from twelve to fourteen men in the chain- 
 gang ; it was a common thing to see the men in the chain- gang ; I never saw 
 men in the chain-gang under a tent ; they were kept out in the hot sun ; I saw 
 one man die in the chain-gang ; I believe he was buried with the iron collar round 
 his neck ; this was in August, I think, the first part of the month ; I do not 
 know the man's name. 
 
 MEN BITTEN BY THE DOGS. 
 
 I saw hounds there ; there were six to nine that I saw every morning ; they 
 were used for catching prisonei-s, I suppose ; they had them after them several 
 times ; there were two kinds of dogs, the hound and the catch dog, as he was 
 called.; I guess he was a bull terrier or something of that kind ; he resembled 
 that somewhat ; I don't know why he was called a " catch dog." He was more 
 ferocious than the hounds ; I saw one man who had been bitten by the dogs ; 
 he was bitten in the legs ; the calf of his leg was torn pretty nearly off; I saw 
 Captain Wirz there at the time ; I did not see what became of the man ; I don't 
 know whether he died or got well ; I do not know his name. 
 
 ,SHOOTL\G OF PKISONERS BY THE GUARD.S. 
 
 : I saw two men shot there by the guards ; I do not know the names of either 
 of them ; it was down on the east side of the stockade near the branch ; the man 
 had been washing his clothes and was hanging them on the guard line to dry ; 
 one of the garments blew over the dead-line ; he reached through to pick it up, 
 when the guard fired and shot him ; I think it was the last of March or the first 
 of April, 1864. The other case happened on the north side of the stockade ; the 
 man reached through the dead-line to pick up some crumbs of bread that had 
 been thrown out there, and he was shot; he was killed. The other man was 
 killed instantly ; he was shot in the breast ; the second man was shot in the 
 head ; I do not know his name ; I heard fired shots of which I did not see the 
 effects ; 1 suppose the shots were fired by the sentinels ; it was a very frequent 
 I occurrence. 
 
 A PRISONEK SHOT BY WIRZ. 
 
 I saw Captain Wirz shoot a man ; it was abbut the first of April, I think, 
 shortly after he took command there ; Captain Wirz was coming in the south 
 gate one day ; a sick man, as I took him to be, a lame man, asked Captain Wirz 
 (Something, and Captain Wirz turned round and shot him ; the man died. 
 
 \" VflRZ BOASTS THAT HE IS KILLING MORE YANKEES THAN LEE. 
 
 I have heard Captain Wirz say that he was killing more damned Yankees there 
 than Lee was at Richmond. That was said in August ; he was in my wagon at 
 the time ; I had been to the graveyard with the dead men. 
 
 PRISONERS STARVED TO DEATH. 
 
 I have seen men who were starved to death, thousands of them, inside the 
 
 stockade ; I saw men' eating food that they took from the ground ; I have seen 
 
 men pick up and eat undigested food that had passed through other men ; they 
 
 would find it all through the camp ; it came from men who were not able to go 
 
 * !to the slough, and they would find it all through the camp. 
 
TRIAL OF HENRY WIRZ. 143 
 
 CONDITION OF THB PRISONERS IN THE STOCKADE. 
 
 , Cross examined by Counsel : 
 
 I was taken to Andersonville, in the first instance, from Belle island ; I should 
 judge there were three or four hundred taken there with me ; some four hundred 
 started, but a few of them died on the road ; I was in a healthy condition when 
 I was taken thete; most of the others were; I do not think there were more 
 than ten or fifteen of my squad sick. We got there,some time in the night, and 
 were kept in the depot ; next morning they put us on a sand bank at the stock- 
 ade, and after a while we marched down directly into the stockade. I was not 
 very well clad when I got there ; most of us had been prisoners all winter, and 
 were pretty nearly run out ; they did not take anything away from us at Ander- 
 sonville ; we had nothing to be taken ; I was in the stockade from the 8th of 
 March to the 11 th of May. 
 
 THE SUPPLY OF WOOD. 
 
 When I went out I went directly to Captain Wirz's headquarters ; I did not ' 
 do anything there; he gave me a little piece of paper; Isupposeitwasa parole, but 
 I did not consider it so ; I then went to work chopping wood ; there were twelve' 
 chopping wood with me ; I guess there were no others besides my squad chop- 
 ping wood ; I did not know any ; we cut wood all round the stockade ; we cut 
 it for the bake-house, and some little for the prisoners when we could ; we were 
 at work all the time; I did not know of any colored men there chopping wood. 
 Captain Wirz gave us orders that we should cut three loads of wood in tlie day, 
 each, or be put in the stockade, and, of course, we would do it, about a cord and 
 a half, as much as six mules would haul ; that was severe work in the condition 
 we were in ; if I had been in a healthy condition it would not be severe ; if 1 
 had had half enough to eat I could get through in half the time. J 
 
 TREATMENT OF THE DEAD. 
 
 I should think there were 25 or 30 acres in the graveyard ; it was two-thirds 
 full, I should think, when I left ; I ran away from there on the 11th of Septem- 
 ber; I had quit driving teams and had gone to chopping wood for the bakery 
 when I ran away from there ; I was employed outside the stockade ; I ran away, 
 but was recaptured ; I was not brought back there ; I was taken to Macon, 
 Georgia. 
 
 By the Court : 
 I saw prisoners buried at the burying ground ; they were buried about two 
 and a half feet deep ; not deeper than that ; some were buried with clothes and 
 some without clothes ; I do not mean to say that they were stripped after they 
 were dead ; I never saw a man stripped after he was dead. 
 
 By Counsel : 
 I never drew out any confederate soldiers to be buried; I know nothing about 
 their being buried there ; the grave-diggers were Union soldiers. 
 
 By the Court : 
 I do not know whether they dug the graves to that depth of their own will 
 and accord or by instructions ; they had a rebel superintendent there all the while ; 
 the prisoners were buried in trenches ; what they calculated to cover up in one 
 day they would dig a trench for the preceding day ; I think I have seen as high 
 as 150 in one of these trenches, the dead of two or three days before, and un- 
 covered. 
 
144 TRIAL OF HENRY WIEZ. 
 
 THE RATIONS. 
 
 By Counsel : 
 While outside we got oui- rations at the bake-house — the first one. We had 
 a sergeant of the wood squad, who drew the rations and brought them to us. 
 That sergeant was a Union prisoner. The rations were generally brought to 
 us in pails nnd boxes. The bread consisted of corn, ground cob and all, and 
 beans that were not fit for any human. We had plenty of it such as it was. It 
 was not fit to eat. I do not know who furnished us the wagons to carry out the 
 dead. A man named Duncan had charge of them. He was a quartermaster. 
 He had also charge (jf the bake-house. I saw Duncan in the stockade while I 
 was there. Pie used to come in there. I believe he divided the rations to the 
 prisoners inside the stockade awhile; also a man named Humes, and Captain 
 Bowers. I cannot tell what portion of the time, while I was in the stockade, 
 Duncan provided the rations. I do not know who did provide the rations while 
 I was in the stockade. I know that part of the time they were not provided at 
 all. Duncan provided them while 1 was outside of the stockade, and a man 
 named Bowers, and a man named Humes. I believe Duncan issued rations to 
 us all the time we were outside the stockade. I believe the other two men 
 went inside the stockade with rations. I do not know where Duncan's head- 
 quarters were. I do not know whether he had any headquarters or not. I 
 believe he was generally recognized there as quartermaster. He was at the 
 cook-house nearly all the time. He was a confederate. He did not belong 
 to any regiment that I know of. I do not know where he ate his rations. I 
 have no means of knowing whether he ate the same as he furnished to me. I 
 do not know who furnished the wagons ; Duncan had charge of them. I drove 
 six mules all the time. I did not take care of the mules. I drove them to the 
 depot at night and turned them into the corral. I had to go there every morn-' 
 ing to get my mules. I do not know that I saw Duncan there at the depot. 
 I never saw any other man at that place acting as or being called quartermaster. 
 I had no orders in reference to these mules, only, after we were done our day's 
 work, we were to return them to the corral. I do not know how many mules and 
 horses were kept at that corral. There was a corral there with about two acres 
 of ground, and was pretty well crowded with mules and horses. I could not go 
 and select for myself my horses and mules. I had one team all the time. The 
 man who had charge of the corral gave them to me. When I went to the corral 
 for my team, I would ask for it, and tell the man what team it was, and he 
 would get it. He would not ask me 'to describe my team. If we called for a 
 team to haul rations, we would get it, and if we called for a team to haul out the 
 dead, we would get it. When I called for a team to haul out the dead, the 
 same man gave it to me. He had charge of all the teams, I suppose. I do 
 not know that I could request my team to be changed at any time; I never 
 requested mine to be changed. I did not care what team I had. They were 
 all about alike. I never asked to have any more teams than what I had. I 
 had no use for more than one. I do not know whether I would have got any 
 other team if I asked for it. I did not ask for it. Nobody directed me about 
 the driving of these teams. I was ordered to take the same team to draw rations 
 in that I used to haul out the dead. Mr. Duncan, the quartermaster, ordered me. 
 He has ordered me, when driving past the cook-house with the dead, to fetch a load 
 of rations as I was coming back ; and I obeyed him, of course. Captain Wiiz 
 ^oever ordered me to do that. I looked up to Duncan as my boss or employer 
 1 there. I did not consider that Captain Wirz had anything to do with me-^ 
 nothing more than hearsay. He never interfered with me while I was at work 
 with Duncan. Captain Wirz never assaulted or bruised me while I was at 
 work there. 
 
TRIAL OP HENRY WIRZ. 145 
 
 WIRZ BOASTS THAT HE IS KILLING MORK YANKEES THAN LEE. 
 
 ■1 
 
 No conversation at all led to the remark that he was killing more Yankees 
 than Lee. I believe that same morning he had been out with the bounds and 
 eaught a man. He told me he was killing more damned Yankees than Lee was 
 killing at Richmond. That was all that was said. I did not make any reply. 
 I did not say anything before he made that remark, I do not recollect whether 
 he said anything to me before he made that remark. It was just a sudi^en out- 
 break on his part. -^ 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I have seen Captain Wirz use crackers and cheese and dried beef, rations 
 belonging to Union prisoners. He was making a breakfast of it one morning 
 in his office ; the morning that I was paroled. I do not recollect seeing him 
 using these supplies more than once. I have been very often at his office, and 
 I would always see a box of sanitary provisions open there. I have seen boxes 
 opened at the depot. I do not know that he sent the sanitary provisions into 
 the stockade for the soldiers. I do not know that those sanitary boxes were 
 sent-to his office for that purpose. I do not think that they could get in there 
 without his permission. I never knew of his sending any in there. I never 
 saw him eating them but that morning for breakfast. I never saw them being 
 used at the quartermaster's building. I never saw them used anywhere else. 
 I saw boxes open at the depot. I believe that quartermaster's building was the 
 only building in which they stored away their rations. I saw a large number 
 of boxes at the depot in July or August. I should judge I saw there 400 or 
 /500 boxes of different sizes. None of them were large dry goods boxes. Some 
 of them were ordinary boxes, such as hard tafik is put in. They were not all of 
 that description ; some of them were larger. They seemed to be generally of 
 that size. I do not know what was in all of them. Some of them were open, 
 and I knew what was in them. I do not know how many were open. 1 did 
 not examine any of them ; I merely passed by them and saw that they were 
 open. Thei'e was dried fruit and crackers in those that were open. Some of 
 the fruit was in cans and some of it was not. The boxes at the depot were 
 right west of the commissary building — not adjoining the rebel commissary 
 building ; there was not room for more than a wagon to drive betw;een the build- 
 ing and the boxes. They did not lie just as they were taken off the cars ; they 
 had been hauled out there. They remained there all the summer. The piles 
 did not increase. There were some boxes taken away. 1 did not see them taken 
 away, but I know that they were taken. I think some of them went to Cap- 
 tain Wirz's headquarters. I am pretty sure of it. I don't think I saw more 
 than five or six 'there at any one time. I believe all the boxes there were open, 
 the most of them anyhow. They were not empty. I never eat anything at 
 Captain Wirz's headquarters. I believe I only saw Captain Wirz eating there I 
 that one morning. 
 
 THE POSSIBILITY OF MAKING SHELTER FOR THE PRISONERS. 
 
 I think that lumber I have spoken of lay there all through June, July, and 
 August. • I saw it after I went outside the stockade. It lay up on the north- 
 west corner of the stockade, at the north gate. There were planks and joists 
 both there. The pile would fill several rooms like this ; I think a dozen rooms 
 like l^his anyhow. I think they commenced hauling it there about the first of 
 June. Part of it was there when I ran away. I think that some of it had been 
 taken into the stockade and put up. I think they built some shelter in there. 
 They made barracks of some of it. I believe the barracks were for the sick in 
 H. Ex. Doc. 23 10 
 
146 TRIAL OF HENRY WIRZ. 
 
 the camp there at the time. None of that lumber was used to build that- other 
 bakery — that second cook-house. I am sure of it, because I remember that the 
 lumber that they built that bakery of came direct from the dt pot. I saw the most 
 of it hauled. None of that lumber was used for anything else but to build bar- 
 racks for the sick. I do not know what portion of it was used for that purpose. 
 There was not one-tenth of it used for that purpose. I canuot tell who occupied 
 that barracks ; I was outside. Some of it was used in or about the stockade. 
 They m|,de barracks of it inside the stockade. None of it was used outside the 
 stockade to my knowledge. There were several other buildings at the depot, 
 a church, a blacksmith shop, and a post ofSce. I believe the axe factory was 
 a wooden building. I should judge it was about sixty feet long and forty feet 
 wide ; it was a two-story building. I was inside of it. I do not know how many 
 men were at work inside of it. They had no machinery, only the common 
 blacksmith tools. I don't recollect how many forges there weie in it. I think 
 there were five or six. These men were at work njaking axes, some of them, and 
 some of them were shoeing mules and horses. They slioe mules and horses in 
 a blacksmith shop ; that was where they made their axes ; that is what I mean 
 by axe factory. I cannot say whether it was anything more than an ordinary 
 blacksmith to the army or not. I expect it was as good as they had. I saw 
 them occasionally repairing an axe there. I do not know whether they had any 
 material there out of which to make axes or not. There were axes made there. 
 I have seen a good many new axes made there. They were not polished ; they 
 •were in the rough. I cannot tell whether it was any more than the repairing 
 and putting helves in axes there. There was no other blacksmith shop there 
 [than that one that I knew of. 
 
 MEN PITTB.\ BY DOGS. 
 
 I never saw those hounds chase any one, but I have seen them around the 
 prison trying to get track of some who had escaped. I do not know whether 
 they were upon a track or not. I never saw thfem bite any one. I never saw- 
 Captain Wirz set them on to bite any one. I have seen Captain Wirz around 
 the prison with them a good many times. He made it his business to go around 
 with them nearly every morning. The dog that I called a " catch dog" was a 
 hull terrier. They called him a catch dog I do not know that I ever saw any 
 one point to that individual dog and call it a catch dog. It was only from general 
 talk that I considered him a ca',ch dog. I know a hound when I see one. I 
 think it was in July that I heard of a man being bitten. I saw the man after 
 he was bitten ; he had just been bi-ought in. 1 saw him near Captain Wirz's 
 headquarters. I believe they called this man Frenchy. 
 
 A PRISONER SHOT BY WIRZ. 
 
 Captain "Wirz shot this man that I have spoken of on the south side of the 
 branch, up pretty near the gate, on the inside of the stockade. I think it was 
 in April. I don't think it was later than the 10th of April. Captain Wirz had 
 not been there a great while. He shot the man with a revolver. I cannot tell 
 the man's name, nor to what company or regiment he belonged. T*never saw 
 the man before that. I saw him after he was shot, wlien they were carrying 
 him out of the gate. He was dead. Captain "Wirz had on white clotlies then. 
 , I would not call it a confederate uniform, I would call it a citizen dress: He 
 had on his head a gray cap. I never saw him wear anything else. His coat 
 was not made in uniform style. I believe he had brass buttons on his coat ; I 
 am not certain. It had a turndown collar. I never saw Captain "Wirz shoot 
 more than one man, and that was near the south gate, inside the stockade. He 
 •was not within the dead-line. 
 
TRIAL OF HENRY WIRZ. 147 
 
 CONSOLIDATED RETURN OF THE ANDERSONVILLE PRISON FOR THE MONTH OF 
 
 AUGUST, 1864. 
 
 September 2, 3865. 
 
 Captain J. H. Wright, for the prosecution : 
 
 I have been in the confederate service. I was captain and quartermaster 
 for the confederate troops at Andersonville. I know the signature of J. H. 
 Winder. (A paper was here handed the witness.) That is his signature. It 
 resembles his son's signature very much, but I am confident it is his from the 
 fact that he signed his " Jno. H. Winder," and his son signs his "J. H. Winder." 
 I know the handwriting of the prisoner. I find the prisoner's handwriting on 
 that paper. The following paper was put in evidence : 
 
 Consolidated return for Confederate States military prison, Camp Sumter, Andersonville, 
 Georgia, for the month of August, 1864. 
 
 Prisoners on hand 1st of August, 1864: 
 
 In camp 29,985 
 
 In hospital.. 1,693 
 
 31,678 
 
 Received from various places during August 3, 078 
 
 Recaptured 4 3,082 
 
 Carried out 34,760 
 
 Died during the month of August , 2, 993 
 
 Sent to other parts 23 
 
 Exchanged 21 
 
 Escaped 30 3,067 3,061 
 
 Total on hand 31,693 
 
 Of which there are on the 31st of August — 
 
 In camp 29,473 
 
 In hospital 2,220 
 
 — 31,693 
 
 The same complaint has been made again against the carelessness and insufficiency of the 
 guard of the thirty prisoners. Eleven escaped while on parole of honor not to escape as 
 long as they would be employed to work outside. 
 
 The balance of nineteen escaped, some on bribing the sentinel with greenbacks, some 
 simply walking off from the guard while returning from the place where the tools are 
 deposited at night that are used in the stockade in day-time. Perhaps twenty-five more 
 escaped during the month, but were taken up by the dogs before the daily return was made 
 out, and for that reason they are not on the list of escaped nor recaptured. 
 
 That only four were recaptured is owing to the fact that the guard nor the officers of thel 
 guard reported a man escaped. The roll-call in the morning showed the man missing, but 
 he was too far gone to be tracked. As we have no general court-martial here, all such 
 offences go unpunished, or nearly so. -^ 
 
 The worthlessness of the guard forces is on the increase day by day. 
 
 ■- H. WIRZ, 
 Captain Commanding Prison. 
 
 [Indorsed. ] 
 
 Consolidated return for Confederate States military prison for the month of August, 
 1864. Respectfully forwarded to General S. Cooper, adjutant and inspector general. 
 
 September 5, 1864. 
 
 (in red) Enc. W. 2576^: 
 
 JNO. H. WINDER, 
 
 Brigadier General, 
 
 Counsel for the defence declined to cross-examine the witnesses. 
 
148 TKIAL OF HENRY WIRZ. 
 
 CONSOLIDATED RETURN OF THE ANDERSONVILLE PRISON FOR TilE MONTH OF 
 
 AUGUST, 1864. 
 
 September 2, 1865. 
 
 Col. James H. Fannlv, for the prosecution : 
 
 I was in the confederate service. I was colonel 1st regiment Georgia reserves ; 
 the regiment was organized on the 3d of May, 1864. 1 was stationed at. Ander- 
 Bonville. I arrived there on the 9th of May, 1864. I have seen the signature 
 of Jno. H. Winder frequently, and I believe I should know it. (Consolidated 
 return for Confederate States military prison, Andersonville, Georgia, was here 
 handed the witness.) I think this ia his signature — beyond doubt it is. I 
 know the signature of Captain Wirz. I find his signature on that paper. 
 
 Counsel for the defence declined to cross-examine the witness. 
 
 consolidated RETURN OF THE ANDERSONVILLE PRISON FOR THE MONTH OF 
 
 AUGUST, 1864 
 
 September 2, 1865. 
 Major A. A. Hosmer, for the prosecution : 
 
 I obtained the paper just offered in evidence from the chief of the bureau, in 
 whose custody the rebel archives are placed — from the War Department. 
 Counsel for the accused declined to cross-examine the witness. 
 
 September 2, 1865. 
 
 Thomas Hall, for the prosecution : 
 
 I am in the United States marine corps. I was a prisoner at Andersonville, 
 Georgia. I was at other prisons besides Andersonville. I was at the Charles- 
 ton jail, and at the Columbia jail, South Carolina. I was in Columbia jail for two 
 months, and at the Charleston jail for five days. My treatment at Columbia 
 and Charleston was very good, compared with Andersonville. I arrived at 
 Andersonville on the 2d of March, 1864. I staid there until the 8th of Sep- 
 tember, 1864. I was allowed to go outside the stockade ; I carried out some 
 dead. I was out no other time. 
 
 threats of WIRZ. 
 
 I know the prisoner, Wirz ; I would know him anywhere I saw him. He was 
 jjiot in command of the prison when I got there ; he took command three or four 
 I weeks after I got there. I heard him threaten to shoot our prisoners ; I saw 
 him pull out a revolver when there were some men too sick to stand up at roll- 
 call. He said that if they wouldn't get up and fall in he would blow their God- 
 damned brains out, for God-damned Yankees. One day all the sergeants of 
 " nineties" were called up to his headquarters. He came out with a paper in 
 his hand, and said he knew well we were going to make a " break" there, but 
 that the fiist time he caught any of us in a crowd around there at the gate he 
 would throw grape and canister among us as long as there was a damned Yankee 
 kicking, and that he would'nt stop for General Winder or any other general 
 until he thought fit. Captain Wirz came around one morning and kept us 
 standing in the hot sun from 8 o'clock in the morning until 4 o'clock in the 
 afternoon. Some of the men could not stand up on account of scurvy and 
 chronic diarrhoea. Captain Wirz wanted to know where my men were. I told 
 him that they were lying around sick. He pulled out his revolver and called 
 us damned Yankee sons of bitches, and said if they didn't get up he would blow 
 » their brains out. 
 
TEIAL OF HENRY WIRZ. 149 
 
 MEN BITTEN BY THE DOGS. 
 
 I saw hounds there ; I have seen them come right up to myself when they 
 caught me. That was in July, 1864. I saw a man who had heen bitten by 
 the dogs. I saw one man come into the stockade, on the south side, with his 
 clothes all torn, and his leg nearly torn off. He went out of the stockade, and 
 I never saw him after that, and I guess he died. 
 
 VACCINATION. 
 
 I saw men vaccinated. After vaccination the men had hig ulcers and bi^ ' 
 sores on their arms, twice as large as a silver half dollar ; the sores were all rot- 
 ted, and maggots got into them, so that the arms had to be cut off, and a great , 
 many of them died. - 
 
 PRISONERS STARVED TO DEATH. 
 
 I was in charge of ninety men. The whole 90 died three or four times overT) 
 I got 90 at a time, and before a month was over there wasn't one of them left. 
 Then I got 90 others ; I got new prisoners from Grant's campaign, and all of 
 them died. They died from starvation. They had nothing to eat, and what^ 
 they got to eat wasn't fit to give to hogs. ^ 
 
 SHOOTING OF PRISONERS BY WIRZ'S ORDER. 
 
 I heard the prisoner give orders to shoo^ men ; I saw him give orders to shoot, 
 and he wasn't gpne ten minutes before they did shoot. The same day taht he 
 came in there he gave orders to four men who were posted in each sentry box 
 that they were to blow out the brains of the first Yankee who fell out. This 
 was about the first of June. I saw men shot inside the stockade. I saw six 
 altogether. I saw a cripple shot there. He belonged to the Tennessee army. 
 We called him Chattanooga, or rather Chickamauga. He lost his right legthere, 
 and was taken prisoner. He was a Canadian by birth. He went inside the 
 dead-line ; our boys had a grudge against him for " blowing" on them when they 
 were tunnelling. He went inside the dead-line and begged the guard to shoot 
 him. The guard told gim to go off, but he would not go off. Captain Wirz 
 came inside the stockade, and then went out again. Immediately afterwards I 
 heard the guard fire his piece off. I did not look around to see whether the 
 man was shot, but I know that he' was. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 The man who was shot in June belonged to the 69th New York ; I have for^" 
 gotton his name. I believe I would know his name if I heard it. I think his 
 name was Burke. He was shot in the jaws. That was on the 22d of June, and 
 he died on the 10th of July. I was present when he was shot ; I was standing 
 on the bridge. I did not hear anything said about furloughs that day. I did 
 the next month. The circumstances of that man being killed were these r 
 There were two men down there getting water, and one man was pushed over the 
 line. The guard stood up and let "blaze" at him and shot him through the 
 head, saying " There is another Yankee son of a bitch out of the way ; I will 
 get thirty days' furlough for trim. If I thought I could get sixty days, I would 
 shoot one every day." There was nothing more said about furloughs. I saw 
 two or three other men shot. I do not know the dates or their names. They 
 were shot in June, July, and August. There was also one shot in April. He 
 was shot on the north side. He was a crazy man. There was a tent put up 
 
150 TRIAL OF HENRY WIRZ. 
 
 with boughs, and this fellow was in it. There was a sailor passing by who had 
 some green bread, some mouldy stuff not fit to be eaten, and he flung it over the 
 lines. This crazy man was coming along, picking up bones and such things, and 
 he put his hand over to get this mouldy bread. The guard let blaze at him and 
 shot him. The ball went in his breast and came out on his back. Some of the 
 buckshot took effect in his leg. Two men were shot in one day ; one was shot 
 in the morning about half past ten, and the other was shot about half-past three 
 in the afternoon. These are the men I have referred to in my testimony. The 
 one in the afternoon was getting water, and he put his bucket in clear water 
 /below the line, as the water above it was filthy, not fit for horses. 
 
 Cross-examined by Counsel : 
 
 I never saw Captain Wirz shoot a man. I never saw a man who was shot by 
 him. 
 
 r ThePRlJsiDBNT. I wish to call the attention of the judge advocate to the 
 fact that it is very desirable to connect the circumstances that are testified to 
 with the charges and specifications more specifically than has already been done. 
 
 The Judge Advocate. Time and place are about the only particulars that 
 can he testified to by these witnesses. They do not recollect names, and some 
 of them hardly remember dates. 
 
 Mr. Baker. They do not even remember the months. 
 
 The Judge Advocate. I doubt whether you or I would remember anything 
 . if we had gone through what they have. 
 
 Mr. Baker. Then you should not attempt to prove it. 
 
 The President. I simply make that suggestion to the judge advocate. 
 
 The Judge Advocate. I am very much obliged to the court, but we have 
 met shis difiiculty in preparing the charges and specifications. 
 OVIr. Baker. There have been innumerable cases of shooting testified to, and 
 I think that unless they can be specified and brought home to the prisoner 
 there should be no more of this general testimony about shooting given. This 
 class of testimony should be brought directly down to the fact, because where 
 thirty or forty witnesses testify to cases of shooting, varying their statements 
 both as regards time and circumstances, it would appear as if those were all 
 /^istinct cases, whereas there are really only four or five cases. 
 
 The Assistant Judge Advogat e. The gentleman does not seem to under- 
 stand that the government has directed the prosecution of this case, and has 
 appointed officers to prosecute it, and to present it to the court, and that it is not 
 the business of the defence to lay out the ground which they shall go over. 
 
 Mr. Baker. I suppose the government has done that. I do not wish to be 
 disrespectful, but I have felt for two or three days that that ought to be done. 
 
 The President. The remarks of the counsel for the defence are not directed 
 to any motion or line of action. The court therefore cannot discover any point 
 in them. 
 
 Mr. Baker. My object was simply to suggest to the judge advocate, if he 
 could, consistently with his instructions, to bring something home close to 
 Captain Wirz, so that we could know how to conduct the defence. 
 
 General Thomas. There is one case that has been testified to by many wit- 
 nesses. 
 
 The President. I can see but one rule for the judge advocate to follow, 
 that is to bring before the court all the facts in this case. We want all the in- 
 formation attainable, whether the witnesses testify to one circumstance or a 
 thousand. 
 
 Lieut. Col. Stibbs. This witn'ess has testified that he saw some six prisoners 
 shot. His manner of testifying is a good deal mixed up, and I should like him 
 to commence with the first and tell us the circumstances connected with it. 
 
 Mr. Baker. That is just exactly what I wanted. 
 
TRIAL OF HENRY WIRZ. 151 
 
 The JuDGK AuvocATE. In response to the suggestion made by the Presi- 
 dent, I would like to made this remark: The second charge, murder and the 
 violation of the laws of war, sets out specific acts committed either by the 
 prisoner or under his personal direction, and all evidences not pertaining to 
 the specifications under tha;( charge are properly applicable, as the gevernment 
 claims, to the first charge of conspiracy, and this will be distinguished very 
 readily. I do not think there is any danger of confusion on that point. 
 
 Examination continued : 
 By the Oodrt ; 
 
 The first man I saw shot was the cripple. The second one was in June ; 
 another was in April. The other two were in July, and there was one after 
 that at the spring. That makes six. I do not know the name of any of them. 
 I only heard the one name and the cripple's name That was the one I called 
 Ohickamauga, the cripple. He had his right leg shot off and went about on 
 crutches. The one in April was the crazy man who reached his hand over the 
 dead-line for a piece of mouldy bread, and as soon as he did the guard let fly 
 at him. The next one was the cripple. The next one was on the 22d of June. 
 He was shot down at the creek getting water. That was the man Burke. There 
 were t\\ro shot in July and one in August. I did" not describe the one shot in 
 August. He was shot down getting water in the same way. I described the 
 two shot in July. The two were shot in one day ; one was shot at half-past 
 ten in the morning and the other at half-past three in the afternoon. 
 
 condition of returned union prisoners. 
 
 September 21, 1865. 
 
 Dr. William Balskr, for the prosecution : 
 
 My position is acting assistant surgeon, contract surgeon. I was stationed af 
 Hilton Head, South Carolina, twenty-seven months. I had occasion to treat 
 the prisoners returned from Andersonville at Jacksonville, Florida, from the 
 1st to the 26th of May. I was ordered there on the 28th of April. There 
 arrived at Jacksonville on the first of May .3,250 prisoners, and the same day 
 that I arrived 50 more arrived. They were in a most horrible condition, nearly 
 naked. If they did have anything on if was only rags. They were covered 
 wiih filth and lice. They had sores all over them, and a great many of them 
 were living skeletons. The most prominent disease among them was scurvy 
 and diarrhcBa. The diarrhoea seemed to be a symptom of the scurvy, not the 
 ordinary camp diarrhoea that we see in our army. The men got better as soon 
 as they got better treatment and fresh vegetables. Fresh vegetables generally 
 increased our ordinary diarrhcea. A great number of the prisoners had their 
 arms and legs swelled up three or four times their natural size and actually 
 black with extravasated blood. They had ulcers three or four inches in diam- 
 eter on their arms and calves of their legs. Some of them, from the effects of 
 the scurvy, had necrossis of the jaws, so that I was obliged to pull out pieces of 
 bone nearly an inch long. Some of them had lost the eye from ulceration of 
 the anterior portion of the cornea. Some of them were totally blind, no doubt 
 from extravasation of blood as well as from fluid in the posterior parts of the eye. 
 A good many were idiotic and demented from softness of the brain, resulting, 
 no doubt, from long suffering. Bad nourishment and exposure to the weather 
 would cause that. There were 3,300 at Jacksonville altogether, and I do n,ot 
 believe there were 200 who did not require treatment, more or less. From the 
 Ist of May to the 26th of May, when the last of them were taken away, there 
 had died between SO or 90. The 3,300 were riot there all the time. On the 
 9th of May between 1,300 and 1,400 were taken away, part to the hospital at 
 Hilton Head and part to Annapolis. On the 15th or 16th of May there was 
 
152 TEIAL OF HENRY WIRZ. 
 
 another batch taken away, so that on the 26th of May, when the hospital steamer 
 Cosmopolitan came to take oflf the balance, there were only from 250 to 300 men 
 left there. I know from the records that between 40 and 50 died at the hos- 
 pital at Hilton Head. I do not believe that one-half of them will ever again 
 be fit for their former occupations. I take it for granted that they were mostly 
 mechanics and farmers. I do not believe that they will ever be strong enough 
 \ to perform the same amount of work. 
 
 (Four photographic pictures, one of them being already in evidence, and the 
 others being subsequently put in evidence, were here shown to the witness.) I 
 have seen cases similar to those ; I have seen numbers of them, not individual 
 cases, but I might say, by the dozen. Long-continued, improper, and insufficient 
 food, and exposure to the weather, produce this condition of things among these 
 prisoners ; to the sun as well as to the cold and rain storms. I also saw several 
 cases of gangrene, produced no doubt by exposure to cold and (in the latter pari 
 of April) to the sun. From the history given by the men, their feet commenced 
 to blister and all vitality left their limbs. I did not meet with these peculiarities of 
 disease in treating the soldiers of our army. I have been in the service three years 
 and eight months, and during that time I have only seen one case of scurvy in 
 our army, and I have been where there was a chance for men to get it, on the 
 peninsula. I did uot find it necessary to make amputations in treating these 
 returned prisoners, they were too far gone. They died three or four days after 
 they came to Jacksonville. I made no amputations on the survivors. 
 Cross-examined by. Counsel : 
 
 I was educated as a physician in New York city. I am a regular graduate 
 of medicine. I had been in practice two or three months before going to Jack- 
 sonville. I was in the hospital as surgeon about twenty-three months before 
 these prisoners came to me. Those thirty-three hundred prisoners Arrived 
 between the 38th of April and the 1st of May, 1865. 1 knew they came from 
 Andersonville from the statement of nearly every one of them, and from the 
 ofiicial lists of the Provost Marshal General of the department of the south; 
 official reports are sent with them. I know that all these 3,300 came from there. 
 I know nothing about Andersonville myself, thank God. 
 
 September 2, 1865. 
 James Clancy, for the prosecution : 
 
 I have been in the military service of the United States ; in the 4Sth New 
 York regiment. I was taken prisoner. I was at the Andersonville prison ; I 
 arrived there on the 16th of June, 1864. I remained there until the 2d of 
 November, 1864. 
 
 TREATMENT OF THE SICK. 
 
 I was in the stockade all the time. It was very much crowded. The men 
 were very destitute of clothing and shelter. Quite a number were sick inside 
 the stockade who could not be admitted to the hospital, and they died in there 
 for the want of going to the hospital. I carried a number of my own regiment 
 out to be admitted, but I could not get them in. I carried one man out three 
 times before he was admitted. That was the general rule so far as I could see. 
 They would never take any man of our. regiment out until he was almost dead, 
 and would not live more than a week after being taken to the hospital. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 I saw Captain Wirz while at Andersonville. He was in command of the 
 prison when I went there. I saw him beat a prisoner. On the 26th or 27th Decem- 
 ber I came back, having been out on parole at other places for some time. I was 
 
TRIAL OF HENRY WIEZ. 153 
 
 under Captain Johnson. We had been to Albany, Thomasville, Blackshh-e, 
 and other places. When I came back Captain Johnson told me that he would 
 not put me in the stockade, if I wished to stay out with him. There were five 
 of us ; I told him that I would prefer not to go in the stockade. We were 
 standing outside the guards looking at Captain Wirz form the men. There was 
 a boy leaning on a little wooden pail, which would hold about four quarts, lie 
 looked to be very sick ; he was pale, and looked as if he was not able to stand 
 up. Captain Wirz came around there and told him to fall in the ranks. The 
 boy was leaning his head on his hand, and he told Captain Wirz that he was 
 very sick. The boy did not move fast enough to suit Captain Wirz. Captain 
 Wirz looked around as if he wanted to find something with which to hit him. 
 Not seeing anything he drew his revolver and hit him with the back of it. The 
 boy put his hand on the ground to raise himself, but he did not get up fast 
 enough, and Captain Wirz hauled off and kicked the bucket away from under 
 him; The boy lay there. Something else attracting Captain Wirz's attention 
 he went off and I saw him afterward forming the men into detachment to put 
 them into the stockade. When the prisoners marched in 1 saw the boy marching 
 in after them, resting on the shoulder of some of the men. 
 
 SHOOTING OF PRISONERS l!Y THE GUARD. 
 
 I saw a man shot by the guard in the stockade. The first case I saw was 
 down at the creek, in the month of July ; I do not recollect what part of the 
 month. I do not recollect the name of the man that was shot. I was going 
 down to the creek to get some water in an old piece of a boot leg that I had. 
 As I was going down the pathway, one of the guard was standing upon the 
 lookout ; a man was reaching in after some water; it was so muddy and full of 
 grease and dirt, that he was reaching over to, get some cleaner water. Some- 
 body came behind him and stumbled against him so that a part of his body, 
 from the head down to the shoulders, was over the dead-line. As soon as he 
 got that far the guard raised his gun and shot him dead. He did not live five 
 minutes afterwards. The next case was in the month of August. I don't 
 know what part of August. It was very near nightfall, and a man was reaching 
 his hand over the dead-line to get some pine burs to cook his victuals with. 
 As he was reaching in the guard saw him and fired at him ; he missed that 
 man, but struck another who was in the tent asleep. The ball took effect in the 
 head, carrying off a piece of his skull. The brains and blood flew around the 
 whole tent. I do not know the man's name. He died. There was another 
 man who was shot, down at the creek. I helped to wash his wounds. He 
 was shot through the arm. That was in August ; after the other instance ; 
 not more than a we6k or six days afterwards. The man went out, and I do 
 not know whether he got well or not.' There were others shot at the same 
 time, but none that I remember seeing. They told me that two men besides 
 the one that got shot in the arm got wounded, but I did not see them. When 
 this man was shot I heard something said about giving furloughs to the guard 
 for shooting prisoners. 1 heard it from the guard. 1 got into conversation 
 with him up where my tent was. I first asked him when he thought we would 
 be exchanged. He said he did not know. I asked him who it was that gave 
 the orders to shoot the prisoners so. He said it was Captain Wirz. I asked 
 "what does he give you for shooting us?" He answered that " they were 
 promised a thirty days' furlough." That shooting was done often. I often 
 heard reports of sentinels firing. It was a very common occurrence. As soon 
 as any new prisoners came in they would know nothing about the dead-line and 
 would not be notified of it and would go over it and be shot. I only saw shot 
 the three that I have mentioned. I do not know the names of any of them. ( 
 
154 TRIAL OF HENRY WIRZ. 
 
 Cross-examined by Counsel : 
 T was put in Andersonville prison on the 16th of June, 1SC4. I went there 
 from the Pemberton tobacco warehouse, B.ichmond. Nearly a thousand 
 prisoners went with me. I was in the Andersonville prison over a month before 
 they let me know anything about the dead-line. I did not know what it meant, 
 but I knew it was something that it was nobody's business to get inside of, and 
 therefore I kept away from it. I did not know what it was until I asked one of 
 the boys. I was not sick that month before I heard of the dead-line. I went 
 about among my companions, all around among those of my regiment who were 
 in there. There was nothing to hinder me from going from one side of the 
 stockade to the other. I did it sometimes for exercise. I left there the gd of 
 W ovember. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 I should judge it was about a day or two before Christmas that Captain Wirz 
 struck the sick boy. I left there in November and went round to Savannah 
 and to several other places and got back to Andersonville on the 26th or 27th 
 of December. I was away part of November and December. I left Ander- 
 sonville the 2d day of November. I left it finally March 24, 1865. I was taken 
 away from Andersonville the first time in November, because Sherman was 
 expected along that way. I did not run away. 
 
 September 2, 1865. 
 
 Oliver B. Fairbanks, for the prosecution : 
 
 I was in the military service of the United States ; in the ninth New York cav- 
 alry. I was taken prisoner October 10, 1863. I was first taken to Libby prison, 
 Richmond. I remained there until some time in February, 1864. I was then 
 'taken to Andersonville. My treatment in Libby prison was better in every re- 
 jS^ect than at Andersonville. I was in the stockade at Andersonville all the 
 time. 
 
 the eatio.^s. 
 
 I noticed storehouses at the depot when I was living there the first time. That 
 was in September, 1864. I saw a large log building about a story and a half 
 high. I saw one of the doors open. It was pretty well stored with provisions, 
 lalso saw a large amount on the platform. They were all in sacks. I did not 
 
 I see anything besides sacks. My rations for twenty-four hours I could eat in 
 one meal and still be hungry. The quality of my rations was very inferior. 
 They consisted of corn-meal of the coarsest kind ; sometimes very poorly baked 
 and very filthy ; a great many flies, and sometimes maggots, baked in it. We 
 also got beans which were cooked, pods and all, and we found in them, often, 
 
 Intones as large as a marble. These rations were not weighed. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 The prisoners in the stockade were very destitute of clothing. Some had 
 scarcely clothing sufficient to cover their nakedness. I was one of that number. 
 The stream that ran through the stockade was at times very filthy, so that it 
 was unfit to wash in. 
 
 TREATMENT OF THE SICK. 
 
 I never saw any sick tre{ited, except those who were in the stockade ; they 
 were neglected in every respect. When I first went there they were lying 
 around without any shelter of any kind ; they were lying on the ground without 
 any blankets, some of them with barely clothes enough to cover their naked- 
 ness, and very lousy, and so filthy that it was difficult to distinguish them from 
 
TRIAL OF HENRY WIRZ. 155 
 
 negroes. I saw a great many men there in a crippled condition. Some would 
 move &,bout on their hands and feet; others did not pretend to move at all. but 
 just lay there in their helpless condition. I did not see any cases of small-pox 
 while I was there. 
 
 STOPPAGE OF BATIOXS. 
 
 .--1, 
 
 The rations of all the prisoners were stopped while I was there. The rations 
 of the sick men were stopped. The first time the rations were stopped, after 
 my arrival, was the first day Captain Wirz took command of the prison. It was 
 some time in March, 1864. The reason he gave for it was that he could not 
 find the exact number of prisoners in camp. He stated that he would stop our 
 rations until he could find out how many there were. There were about 
 3,000 there then. The rations were stopped for 24 hours twice inside of three j 
 days. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 Captain Wirz took coinmand about six weeks after I weiit there, and he was 
 in command there all the time afterwards, from that time until the time I left. He 
 attended roll-call when he first went there, until the number of prisoners became 
 too great for one man to superintend the roll-call. His manner at roll-call was 
 very overbearing and abusive. He generally saluted the prisoners by calling 
 them "damned Yankee sons of bitches." He often abused the prisoners. It 
 was of frequent occurrence. I know a person whom he kicked. He was my 
 father. One morning Captain Wirz came to roll-call when my father was lying 
 in a helpless condition. He was affected with scurvy. His legs were drawn 
 up so he could not straighten them, and also his arms. While he lay in that 
 condition Captain Wirz came up to him several times and told liim he wished him 
 to fall in at roll-call or he would kick him. He did finally kick him, and abuse 
 him in language most shamefully. He said, "You God-damned Yankee son of a 
 bitch, if you don't fall hi at roll-call I will not give you anything to eat for a 
 week." He stopped my father's rations. On such occasions as I have referred 
 to twenty-four hours was the longest period at one time. The kicking caused 
 my father to have a very severe pain in his side. I saw him beat other prisoners ; 
 I saw him knock a man down with his pistol for entering a complaint about the 
 rations being so poor. My father died while in prison, about a month after 
 the occurrence I have narrated. I have a statement of his made at the time of 
 his death. He made a verbal statement to me at the time he died. He called 
 me by name and said he died from sheer starvation, and asked me not to tell 
 my mother, his wife, the awful condition in which he was compelled to die. 
 After he had spoken those words I wrote them down, and held his hand upon 
 the paper, and he signed his name. I did not guide the pencil, I merely placed 
 his hand upon the paper. He was perfectly rational until the last. 
 
 A paper being exhibited to the witness, he identified it as the one just referred 
 to in his testimony. 
 
 The AssiSTAVT Judge Advocate proposed to offer it in evidence. 
 
 Mr. Baker objected. 
 By the Court : 
 
 How long before he died did your father sign that paper ] 
 
 A. He did not live, I think, ten minutes after he signed it. 
 
 The court, after deliberation, overruled the objection, and the paper was ad- 
 mitted in evidence. The following is a copy : 
 
 Avgust 27, 1864. 
 
 Camp Sumter, Andersonville, 
 Oliver, I die from sheer starvation, and don't for the world tell your mother of the awful 
 condition I am compelled to die in. 
 
 RICHARD FAIRCLOUGH. , 
 
156 TRIAL OF HENRY WIRZ, 
 
 Captain Wirz used his left hand in striking that man with his revolver. I 
 noticed that he carried the revolver on the left side, and he took the hand which 
 was on the same side, and drew the revolver. 
 
 SHOOTING OF PRTSONEES BY WIRZ'S ORDER. 
 
 I saw men shot there during the months of June and July. The first was 
 a cripple, who has ah-eady heen described by other witnesses. They called him 
 Ohickamauga. I saw him shot. It was some time in the month of June. 
 Captain Wirz was there at the time. I heard him make some remarks in broken 
 language. I could not tell exactly what his language was. He was between 
 the dead-line and the stockade. It was about the same time the man was shot. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw a man shot who was lying in his tent near the dead-line. The sentinel 
 who shot him fired at another man and missed him, and shot this man who was 
 lying in his tent. I saw the sentinel when he shot. I immediately went to the 
 tent where the man was lying and saw him lying there, and afterwards saw him 
 die. I went directly to where the sentinel was and asked why he did not halt 
 men before shooting, as there were a great many in camp who did not under- 
 stand the meaning of the dead-line. He told me that Captain Wirz held out as 
 
 , an inducement to them a thirty days' furlough to every man who would shoot a 
 
 Ufankee. I said no more to him. 
 
 VACCINATION. 
 
 I saw cases of vaccination. I saw several hundred who had been vaccinated 
 Large sores originated from the effects of poisonous matter. They were the 
 size of my hand, and were on the outside of the arms, and also underneath in 
 the arm-pits. I have seen holes eaten under the arms where I could put my 
 fist in. These cases were in the stockade ; they were not in the hospital. I 
 never was in the hospital except for about two hours at one time. I went out 
 to see my father, who was then in the hospital. I was vaccinated myself I was 
 at the south gate one morning when the operation was being performed. While 
 I was standing there looking on, a surgeon came to me and requested me to roll 
 up my sleeves, as he was going to perform the operation on me. I told him I 
 could not consent to such an operation. He called for a file of guards, and I was 
 taken to Captain Wirz's headquarters. Arriving there, one of the guards went 
 in, and directly Captain Wirz came out of hia office raging; he wanted to know 
 where that " God-damned Yankee son of a bitch " was. I was pointed out to him 
 as being the person. He drew his revolver and presented it within three inches of 
 my face, and wanted to know why I refused to obey hia orders. He did not 
 state what orders. After his anger had subsided a little, 1 asked him to allow 
 me to speak. He said, "God-damned quick, or I will blow your brains out." 
 I told him, " Captain, you are aware that the matter with which I would be 
 vaccinated is poisonous, and therefore I cannot consent to an operation which I 
 know will prove fatal to my life." He flirted his revolver around and stated 
 that it would serve me God-damned right, that the sooner I would die the sooner 
 he would get rid of me. He ordered the guards to take mc away and have a 
 ball and chain put on me till I would consent to the operation. I waa taken to 
 where the chain-gang was, and a ball and chain were brought and riveted to my 
 leg, and I waa turned into the stockade to wear it until I would consent to the 
 . .operation. I wore it for about two weeks, when I consented to submit to the 
 operation. I had noticed upon several occasions that the aurgeona were very 
 careless in performing the operation ; their instruments were dull, and they ap- 
 plied the matter in a very careless way, allowing the patients to go away as soon 
 as they had put the matter in, and without bandaging the arms iu any way. I 
 
TRIAL OF HENRY WIRZ. 157 
 
 concluded that I could wash the matter out, and, with that calculation, I con- 
 sented to the operation. As soon as it was performed I went immediately to 
 the brook and took a piece of soap and rubbed the spot and wrung it, and thereby 
 saved myself. TKe vaccine matter did not work in my system. I experienced 
 no effects from it. Up to that time none had recovered from the effects of vac- 
 cination. After that I informed several others, who saved themselves in the 
 same manner. 
 
 By the Court ; 
 I consider the matter with which the men were vaccinated to have been poi- 
 sonous, judging from the effects it had on others. I saw some three hundred 
 cases. I- did not understand it to be any particular pSson. They called it 
 vaccine matter. I know nothing further than that. , 
 
 Cross-examined by Counsel : 
 My father died outside the stockade, in the hospital. He had been outside 
 about one month when he died. He died August 27, 1864. 
 
 September 5, 1865. 
 J. Nblso n Clark, for the prosecution : 
 
 I was in the military service of the United States. I was taken prisoner. I ■ 
 was taken to Andersonville about the 28th of May, 1864. 
 
 condition of the prisoners in the stockade. 
 
 I was put in the stockade. I remained there all the time I was at Anderson- 
 ville, except two or three times when I was out. I saw a great many men who 
 were sick. They had a very debilitated appearance. Most of them were very 
 poor and thin ; a great many were cripples. Some of them were colored men — 
 our soldiers. There were idiotic men. 
 
 Mr. Baker objected to the line of examination, as most of the interrogations 
 were leading questions. 
 
 The stockade was very much crowded. Of clean dry room we did not have 
 more than enough to lie down on, with some small places between. There was 
 not plenty of room for teams to drive in. In the morning ' a great many would 
 be lying in the road, and they had to be wakened up by their sergeants in order 
 that the teams might drive in. That was part of the time I was there. I have 
 counted the number of dead in the stockade. The most I ever counted in one 
 day was one hundred and eighty-fonr. It was in August — the 12th, I think. I 
 assisted in carrying the sick to the sick-call. I did not succeed in getting them 
 attendance. 
 
 Mr. Baker objected to this line of examination on the ground that most of 
 the questions were leading. 
 
 Th§ Court, after deliberation, sustained the objection. 
 
 I have seen soldiers become insane. One in particular wandered up and down 
 the stream with his clothes off — the little stream of water that ran through the 
 prison. When his meals were taken to him he had not sense enough to know 
 that he should come out and cook them, and he remained most of the time in 
 that water until he died. He was given clothes once or twice, but he refused to 
 put them on. The sun was very hot and burnt his skin, and he became very 
 thin. When I last saw him he was lying dead in the stream. I saw soldiers 
 who had committed suicide. One morning, after I had got up, I saw a man wlioi 
 had hung himself about fifteen or twenty feet from my tent to a stake that was 
 in the ground, used partly to hang our blankets on and other purposes. I sup- 
 pose the man was insane. He had a wild staring appearance for a few days 
 before, and said that he would sooner be dead than live there ; he said that to 
 
158 TRIAL OF HENRY WIEZ, 
 
 some of the men alongside of him. His companions had taken him down to the 
 i stream several times to wash him off; he was very filthy, lousy and dirty, as 
 most of them were in there ; even the cleanest had lice on them. I don't recol- 
 lect how many men of my company went in there with me — forty-one, I think. 
 Twenty-two died in southern prisons, most of them at Andersonville, some at 
 Florence. 
 
 THE RATIONS. 
 
 The rations were corn-meal part of the time. The quantity would average 
 two-thirds of a pint. It was very coarse and dirty, a great many hulls in it. It 
 always had to be cleaned. We sometimes had beans and sometimes rice. We 
 had about the same quantity of beans as corn-meal; when we did not get corn- 
 meal we got beans. The sick got the same rations as the others. Our rations 
 were stopped. The rations of the sick were stopped. The whole of the rations 
 of the camp were stopped. 
 
 THE SUPPLY OF WOOD. 
 
 Fuel was very meagre ; part of the time we did not getany wood at all. Fuel 
 was so scarce that the men had to dig it out of the swamp. Sometimes the 
 matter and stuff were two or three feet deep, and I have seen our soldiers dig- 
 ging roots out of this muck and washing them in the stream, so as to get fuel 
 to cook their corn-meal or beans. 
 
 SHOOTING OF THE PRISONERS BY THE GUARDS. 
 
 ' I saw men shot by the guards. I saw six shot. The first case was about 
 the 20th of June, 1864; it happened at the stream of water, not far from the 
 stockade, close by the dead-line. The man was dipping for a cup of water. 
 He got his arm and part of his head across the dead-line. I heard the guard 
 cocking his gun, and immediately left. We knew very well that they would 
 shoot us if we got over the line. I turned round afterwai-d and saw that the 
 man had been shot. I was about two yards from him and I saw the blood 
 running from him. The crowd immediately rushed in. The next time that I 
 saw him was the next morning, where they usually carried the men out, and I saw 
 him there dead. I don't recollect his name, nor his company and regiment. 
 The next case happened on the east side of the stockade, not far from where the 
 old hospital was. The hospital was on the north side of the stockade, but had 
 been removed a few days before we went in. A man got over the dead-line, the 
 guard fired, missed the man he intended to shoot, and hit another who was lying 
 in the tent. He was shot through the head ; some said the man" was lying in 
 the tent asleep, and some said he was awake. I don't know his name. I don't 
 know whether he died ; he was reported dead. I only knew of two that died. 
 A large crowd was down by the stream near by the dead-line ; a man who was 
 getting water was shot. In trying to get cleaner water he got too far over the 
 dead-line. The man died. In the fourth case the man was doing something 
 with the rations. I don't know the circumstances any more than that I saw 
 the smoke and ran down in the crowd. I saw the man lying just across the 
 dead-line, wounded. I could not get close to him because of the crowd. It was 
 the last of July. They were hauling in rations, and it was usual for men to be 
 over the dead-line sometimes, those that had permission. This man I believe 
 had not permission, or the guard thought so. I don't know the circumstances 
 any more than what I have heard. I don't know the man's name or regiment. 
 The fifth case was in the first part of August. It happened near the south gate, 
 where we generally carried the dead men. The man was doing something with 
 his clothes ; he had washed them I believe. He had come from the brook up 
 
TRIAL OF HENRY WIRZ. 159 
 
 towards this gate to hang them out to dry. "When I came up his clothes were 
 lying by bis side, and he was lying there bleeding. He was struck in some part 
 of the body, through the breast I think. I was not within two yards of him on ac- 
 count of the crowd. I left as soon as I sawit, and did not pay much attention, be- 
 cause it was so common to see dead men round frhere. It was a common thing to 
 see dead men who had been shot, lying round there. Every few days we could 
 hear of a man being shot. The sixth instance of shooting happened near where 
 our quarters were in the north corner of the stockade. It was the middle of 
 August. I do not know the name of the man who was shot. He was hit in 
 some part of the body. I don't know exactly; he was lying over the dead- 
 line at the time I saw him. I don't know whether or not he got over after he 
 was shot or not. I saw the gun lire, and ran as we generally did, and saw the 
 man lying there after he was shot. I did not see Captain Wirz present at any 
 of the times when men were shot. I never heard him give any orders aboutj 
 shooting men. 
 
 No cross-examination. 
 
 September 5, 1865. 
 
 P. Vincent Halley, for the prosecution : 
 
 I have been in the military service of the United States ; in the seventy- 
 second New York volunteers. I was taken prisoner. I was at Andersonville. 
 I arrived there the first or second of March, 1864. 
 
 THE CHAIN-GANG. 
 
 I heard orders about putting prisoners in the stocks or the chain-gang. At 
 one time when some prisoners who had escaped were taken to Captain Wirz's 
 headquarters — I was there at the time — he ordered the men to be taken to the 
 forge and irons put on their feet. 
 
 THREATS OF WIRZ. 
 
 I heard Captain Wirz threaten to shoot a man. I think it was in May. 
 Captain Wirz was in the stockade, and one of the men did not fall in quick 
 enough, and Captain Wirz drew his revolver and threatened to shoot any man 
 who did not fall in when ordered; sometimes he used his right hand. I did not 
 know at the time that anything was the matter with his right hand ; he used his 
 right hand as frequently as his left, so far as I saw. I have seen him use his 
 left hand ; he wore his revolver on the left side. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw a man who had been shot ; the first man I saw shot was, I think, on 
 the 10th day of May; I am not certain ; he was shot while getting some water 
 in the stockade. The guard fired on him and shot him in the thigh, I think ; I 
 do not know the man's name; it was the 10th of May, I think; it was at the 
 creek ; I cannot say positively whether he died or not, I know that he was 
 severely wounded ; part of his body was over the dead-line ; he was leaning 
 over to get some cleaner water than was in the stockade ; I saw one man in 
 August who had been shot through the brain ; he was carried to the hospital ; I 
 do not know his name ; he was entered on the register " unknown dead." Cap- 
 tain Wirz was not present at the time I saw these men shot ; I was once at 
 Captain Wirz's headquarters when the guard were there ; he told his guard that 
 the first man who crossed the dead-line to shoot him down. 
 
 MEN BITTEN BY THE DOGS. 
 
 r knew Captain Wirz there ; he took command of the prison abqfit two weeks 
 after I got there ; I heard him give orders ; I heard him one time send for the 
 
160 TRIAL OF HENRY WIRZ. 
 
 keeper of the dogs to put them on the track of prisoners who had escaped ; I 
 saw prisoners who had been bitten by the dogs ; there were two taken to the 
 hospital ; they had been recaptured and were brought in there ; they had the 
 marks of the dogs on their persons ; both of them were bitten about the legs j 
 one of them was bitten severely. 
 
 VACCINATION. 
 
 I saw cases of vaccination ; I saw, I think, about 150 cases of vaccination, 
 and in many of them after vaccination gangrene set in, and the sores were about 
 three inches in diameter. They varied from an inch to four inches in diameter ; 
 in some instances men's arms had to be amputated from that cause ; some of the 
 cases of amputation recovered and some did not ; I do not remember anything 
 about the proportion of recoveries. 
 
 THE RATIONS. 
 
 I was at the depot at Andersonville two or three times in August, 1864 ; 
 when we were sent to Savannah on the 7th of September, i was there; I saw 
 storehouses at the depot ; it was a large wooden building about eighty feet long, 
 I think ; I saw several boxes there and sacks of meal ; there might have been a 
 hundred or moie sacks there; they were on the inside ; I cannot state the number 
 of boxes there were. 
 
 THE CHAIN-GANG. 
 
 - Cross-examined by Counsel: 
 
 The ball and chain was put on the men for altempting to escape; I do not 
 know how many times they attempted to escape ; I think, though, it was the first 
 time ; they were brought in by the guards to Captain Wirz's headquarters ; I heard 
 the guards state while there that they had attempted to escape and had been 
 recaptured, and Captain Wirz ordered them down to the blacksmith shop or 
 forge to have the ball and chain put oil their feet ; the guard said they had 
 brought them from where they had been recaptured ; they had got out and were 
 
 ^ escaping ; Captain Wirz used very profane language at that time ; I think I 
 
 *Jiave related everything 1 can remember except that. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I think the man that was shot on the 10th of May was shot in the thigh ; he 
 was within the stockade when shot ; I was there too ; I saw him ; he was down 
 by the stream that ran through the stockade; a part of his body was over the 
 dead-liue; he was trying to got some water ; it was on the south side, just where 
 the stream crosses the dead line. The boxes that the sentries stood iu were 
 steps going upon the stockade, and there was a platform about three feet lower 
 than the top of the stockade, so that the sentry could look right over, and there 
 were boards over his head to keep off the rays of the sun ; the platform was on 
 the outside of the stockade ; when he stood straight up the top of the stockade 
 didn't come above his waist. The sentinel from where he stood could see the 
 dead-line ; he could see from the base of the stockade to the other side ; there 
 was, perhaps, a distance of sixty feet between the outer and the inne'r stockade; 
 the sentries were posted on the inner stockade, so that they could overlook the 
 camp ; the stockade was between them and the camp, but they could see over 
 it ; it was, I think, twenty feet from where the sentry stood to the dead-line ; 
 that was the distance from the dead-line to the stockade ; it might have been 
 from five to ten feet from the dead-line to where the sentry stood ; the total dis- 
 tance was perhaps from twenty-five to thirty feet, taking the dead-line as twenty 
 feet. In the.second instance of shooting I did not see the man shot ; I saw him 
 
TRIAL OF HENRY WIRZ. 161 
 
 after he was shot, and when he was being carried to the hospital ; all I know is 
 that it was said he had been shot ; this second man was shot in August, I think ; 
 I do not recollect the date ; it might have been from the 14th to the 20th. 
 By the Court : 
 At the time the first man was shot, the 10th of Jlay, there was only one stock- 
 ade ; in the latter part of May or the beginning of June the outside stockade 
 was built ; the sentinels were on the inner stockade. On the top of the inner 
 stockade there was a platform about three feet below the top of the stockade 
 outside, and there were steps going up, and the sentinels stood on that platform ; 
 the platform was inside of the stockade ; the heads of the guard and half of their 
 body were above the stockade ; that platform extended all around that stockade ; 
 there were about twenty -five or thirty posts, I think, at regular intervals, at cer- 
 tain distances apart. 
 
 VACCINATION. 
 
 By Counsel : 
 I saw persons vaccinated while at Andersonville. The surgeons belonging to 
 the so-called confederate army vaccinated them. One of the surgeons was Dr. 
 Pelot. I do not recollect the name of any others. I was inside the stockade 
 until the 22d or 23d of May. I then went to the hospital when it was moved 
 outside. I kept the register of the hospital. I was under no person's charge 
 except the hospital steward. I remained under his charge until the 7th of Sep^ 
 tember, 1864. I cannot state the number that died from vaccination. Other ' 
 diseases such as diarrhoea and dysentery, were combined with the effects of vac- 
 cination, but vaccination was the principal cause of their death. Perhaps ten or 
 twelve died from that cause. I cannot state positively that any person died 
 purely from the eifects of vaccination. There were from twenty to thirty cases, 
 I think, in which vaccination was the principal cause of death. Many of those 
 men who had been vaccinated had their arms amputated, and others had very 
 large sores on their arms. Some of them had diarrhoea connected with this, and 
 others died from the amputation of their arms. I never saw Captain Wirz vaccinate 
 any one. I did not see him compel any one, but I think the surgeons were in 
 some respects under his charge. I have no recollection of ever hearing the sur- 
 geons require or demand that the prisoners be drawn up in line so that they 
 could be examined for vaccination. I was moved myself on the 7th of SepteniJ 
 her, and there were about 600 besides me. They commenced moving prisoners 
 on that day. I remember the date distinctly. 
 
 MEN BITTEN BY THE DOGS. 
 
 I do not know whether those who were bitten by the dogs died or not. They 
 were taken to the hospital. I saw them two or three times afterwards ; they 
 were in the tent very sick, but I left them there on the 7th of September before 
 they died. 
 
 September 5, 1865. 
 
 Edward S. Kellogg, for the prosecution : 
 
 I was in the military service of the United States. I was in the 20th New 
 York regiment. I was captured. I was taken to Belle Island. From thence I 
 was taken to Andersonville. I arrived there the 1st of March, 1864. E. Winder 
 was then in command, I believe. I saw the prisoner there. I think he took 
 command in April, but I will not be sure. 
 
 shooting of prisoners by wirz's order. 
 
 I saw the cripple they called " Ohickamauga" shot; he was shot at the south 
 gate. He was in the habit of going off, I believe, to the outside of the gate to 
 H. Ex. Doc. 23 11 
 
162 TRIAL OF HENRY WIRZ. 
 
 talk to the officers and the guard, and he wanted to go off this day for something 
 or other. I believe that he was afraid of some of our own men. He went inside 
 the dead-line and asked to be let out. They refused to let him out, and he re- 
 fused to go outside the dead-line. Captain Wirz came in on his horse and told 
 the man to go outside the dead-line, and went off. After Captain Wirz rode 
 out of the gate the man went inside the dead-line, and Captain Wirz ordered 
 the guard to shoot him, and he shot him. The man had lost his right leg, I 
 believe, just above the knee. They called him " Chickamauga." I think he 
 belonged to the western army and was captured at Chickamauga. I think that 
 was in May. I will not be certain as to the time. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw other men shot while I was there. I do not know their names. They 
 were federal prisoners. The first man I saw shot was shortly after the dead- 
 line was established. I think it was in May. He was shot near the brook, on 
 the east side of the stockade. At that time there was no railing ; there was simply 
 posts stuck along where they were going to put the dead-line, and this man, in 
 crossing, simply stepped inside one of the posts, and the sentry shot him. He 
 failed to kill him, but wounded him. I don't know his name. I saw a man shot at 
 the brook ; he had just come in. He belonged to some regiment in Grant's army. 
 I think this was about the 1st of July or the latter part of June. He had just 
 come in and knew nothing about the dead-line. There was no railing across 
 the brook, and nothing to show that there was any such thing as a dead line 
 there. He came into the stockade, and after he had been shown his place where 
 he was to sleep he went along to the brook to get some water. It was very 
 dark, and a number of men were there, and he went above the rest so as to get 
 
 \ tetter water. He went beyond the dead-line, and two men fired at him and both 
 hit him. He was killed and fell right into the brook. I do not know the' 
 man's name. I saw other men shot. I do not know exactly how many. I 
 
 ■j saw several. It was a common occurrence. 
 
 THE DOGS. 
 
 I never saw any men there who had been bitten by dogs. I have s^en dogs 
 on the trail, and have seen them in the house where they kept them. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 ' I saw sanitary stores there. While I was in the hospital I saw some blankets 
 and some pants and shirts ; I think very few. They were issued to the men in 
 the hospital — our own men. I saw them on other men than our own men. I 
 , saw a pair of pants on a rebel at one time ; his naipe was Dance. 
 
 MEN BUCKED BY WIRZ'S ORDERS. 
 
 I was in the hospital. I went into the hospital August 6, 1864, and remained 
 there until February 1, 186/5. I was bucked six hours at one time while there. 
 There was a man escaped from my ward. I was steward of the 17th ward, and 
 I failed to report the man who escaped. Sergeant Smith came round and called 
 me outside the gate and said that Captain Wirz had ordered him to buck me till 
 dark. This was about nine o'clock in the morning. He proceeded to buck me, 
 and I was left there till 3 o'clock in the afternoon. There was another man 
 bucked with me ; his name was William S. Wood, belonging to the 120th, and 
 master of the ward. He was bucked by Captain Wirz's order. 
 
 Cross-examined by Counsel : 
 When they bucked me they took a string and tied my wrists together in the 
 first place; they sat me down on the ground next, put my hands ovei' my kneea 
 
TRIAL OF HENRY WIRZ. 163 
 
 and put a stick over my arms and under my legs, my hands being tied together. 
 I never saw a man bucked in our army, and I have been in the service four 
 years. I have heard of it. I had no squad. I was stewacd of the 17th ward 
 in the hospital. The time I was backed one man got away. Several others 
 got away afterwards. They failed to escape, and were brought back. I did 
 not consider it my duty to report them, but it was the rule. I did not comply 
 with the rule, and for non-compliance I was punished. There were very few 
 in the hospital that were able to run away. I don't know whether there were 
 any. 
 
 SHOOTING OF PRISONERS BY WIRZ'S ORDERS. 
 
 I was by the gate when Captain Wirz ordered the man to be shot. Captain 
 Wirz rode outside. I told you he gave the order inside. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 The man on the sentry box north of the brook and the man on the sentry 
 box south of the brook shot the man who was getting water. I do not know 
 where Captain Wirz was when this occurred. I never saw Captain Wirz shoot 
 any one. I never saw him commit any personal act of violence. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 -J 
 
 The man's name was Dance, whom I saw wearing the sanitary pants. He 
 was a hospital steward. I do not know of any one else wearing anything be- 
 longing to our soldiers there. That is the only instance I recollect. I do not^ 
 know how he came by these pants. -^ 
 
 ACHUFF'S escape, KECAPTURED by THE DOGS AND PUNISHMENT. 
 
 September 5, 1865. 
 Joseph K. Achuff, for the prosecution : 
 
 I have been in the military service of the United States three years and nine 
 months. I was a prisoner at Andersonville about six months. I was taken 
 there on the 28th of March, 1864, and kept there until about the middle of 
 August, 1864. I was taken from Andersonville to Charleston, South Carolina, 
 in August, 1864. I attempted to make my escape while at Andersonville. I 
 was recaptured by the hounds. Three of us got one rebel to take us out for 
 wood. We gave him twelve brass buttons to take us out. When we got out 
 about a quarter of a mile from the stockade I jumped on his back and the other 
 boys took his gun from him, and off we went. We went to the Flint river, and 
 crossed it five times, and then rowed down the river a piece. We did not know 
 the hounds were after us until we heard them yell. Then we scattered. 1 ran 
 into the swamp. The first thing I noticed there were five hounds upon me ; 
 seven rebels, armed, came up on horseback. They were in sigh tat the time the 
 hounds came on. They never took off the hounds for about fifteen minutes, and 
 I had to fight the hounds with my fist. I had not even a club, or a chance of 
 getting one. I had no clothes on but a pair of pants made out of two rebel meal 
 sacks. I was bare-headed and bare-footed. I fought the hounds with my fists 
 about fifteen minutes. They tried to catch me by the throat, but I kept them 
 off. They caught me by the legs, and I carry the marks there to-day. One of 
 the men on horseback blew a horn, which called the hounds off, and I was 
 marched back afoot. I was taken to Captain Wirz. He ordered me into the 
 stocks. I was put into the stocks with my head fastened by a board, and my 
 arms stretched out. They pretended to have us in the shade, but I was kept, 
 in the hot broiling sun. For thirty-six hours I had nothing to eat, and but two! 
 drinks of water out of that dirty creek. When I appealed to Captain Wirz 
 
164 TRIAL OF HENRY WIRZ. 
 
 about it he told me to dry up, or he would blow my damned brains, out, that I 
 deserved to be hung. After I was taken out of the stocks, I v/ae ironed. I had 
 shackles fastened around each leg, an iron ring, and a bar of iron between my 
 legs. This kept my legs separated about eighteen inches, so that I had to 
 shuffle along. There was nothing done to cure my legs. Scurvy fell into the 
 wounds, but still I was kept in irons. After being ironed I was put back into the 
 stockade, and then I got something to eat such as it was. I was kept in irons 
 thirty-two days. Captain Wirz saw me during that time. It was done by his 
 order. They pretended that the rebel doctor had ordered them oif. A rebel 
 sergeant came in with an axe and chisel, and cut the irons off on an old black 
 stump where I was lying. I don't believe that the rebel doctor gave any such 
 order. They were afraid of Sherman at that time, and had the white flag' up in 
 the camp. That was in June, 1864, when I got away. It was July when they 
 fiput me in irons. 
 
 WIRZ BEATS A PRISONER WITH HIS REVOLVER, CAUSING HIS DEATH. 
 
 At the time Stoneman's men were captured and brought there I was at Cap- 
 tain Wirz's headquarters and saw Captain Wirz stripping and searching the 
 men. One of them, a Michigan man, said something to him, and Captain Wirz 
 struck him on the head with a revolver. The man w^as about seventeen or 
 eighteen years old. He took fits and died in three or four dsLja afterwards. 
 That young soldier died about three or four days after' the squadron came there. 
 It was in July. About three or four days afterwards tha,t man died. He was 
 laid near the south gate of the stockade, near where the colored prisoners were. 
 1 believe he died from the effects of the wounds inflicted by Captain Wirz. He 
 took fits right away. He had fits on the ground after he was struck. He had 
 three or four fits. Every day I would crawl up to him and pound him on the 
 feet to relieve him. The boy died. The wound was on the top of the head 
 with a revolver, a big revolver; Captain Wirz carried it at his left side, with a 
 fair-leather holster and fair-leather belt. He had the pistol always out. He 
 went with it in his hand all the time. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 Captain Wirz even took buttons from Stoneman's men, saying that he had 
 seen such things as putting money in buttons. Captain Wirz took clothing, 
 money, and everything the soldiers had from them at the time. Some of them 
 had blankets and they were taken from them. He sent them into the stockade 
 with nothing on them but undershirt and drawers. He said they were nothing 
 but a pack of damned raider's and that they ought all to be hung. These were 
 Stoneman's cavalry. 
 
 ACTS OF CRUELTY COMMITTED BY WIRZ. 
 
 The first night that we went into the stockade, the 28th of March, was a 
 very dark, rainy night. I saw Captain Wirz (I did not then know who he 
 was) kicking a poor mere skeleton and cursing him. I was not the only one 
 who saw him do that. I can name four ofiicers who saw him do it. He knocked 
 him over and kicked him. I do not know whether the man died or not. The 
 officers I refer to were Lieutenant Colonel Dickinson, tenth Michigan infantry, 
 the adjutant of the nineteenth United States infantry, the surgeon of the seventy- 
 fifth Illinois , infantry, and Lieutenant Gates, third Ohio cavalry. I saw him 
 order men who were in a dangerous condition of health back ; shove them back 
 and kick them at times. 
 
TRIAL OF HENRY WIRZ. 165 
 
 STOPPAGE OF RATIONS. 
 
 I heard Captain Wirz at one time threaten a starving man who was in our , 
 " ninety." We were all pretty able men, as he had not been long in prison, and 
 we stood in line pretty well. That seemed to please him Some of the others 
 on the north side of the stockade were not able to stand in line. Captain Wirz 
 turned to us and said he would not give them fellows anything to eat for forty- 
 eight hours; and he did not give them anything to eat for forty-eight hours. 
 Captain Wirz cut off the rations of prisoners at another time. Rations 
 were cut off three or four or five times. Once we had not a mouthful for three 
 days. That was because some one had escaped from the stockade and he could 
 not find out who. He cut off the rations of the whole stockade, when there were* 
 I think, thirty-five thousand of us. - 
 
 PRISONERS SHOT BY WIRZ'S ORDERS. 
 
 T saw this man killed whom they called Chickamauga. I heard Captain Wirz 
 give orders to shoot him. It was in the latter part of May, 1864. He was a 
 silly man, who belonged to company Gr, eighty-fourth Illinois, third division, 
 fourth coi'ps. We used to call him " Mutton head." He was a kind of idiot. 
 The boys got to plaguing him. He went to Captain Wirz and wanted him to 
 take him out of the stockade. He was a cripple. They had taken his leg off 
 in rebeldom. Captain Wirz cursed him and told him to go off or he would 
 blow his damned brains out. He then told the guard if the man crossed the 
 line again to blow his damned brains out. As Captain Wirz went out the man 
 again crossed the dead-line and began to "blow" and halloo. I heard Captain 
 Wirz call out to the guard to shoot him. The guard fired and killed the man. 
 The ball struck him in the jaw, passed'through the body and came out the left 
 shoulder blade. He was carried to the hospital, which was then inside the stock- 
 ade, but before reaching there he died. 1 saw Captain Wirz after he gave the 
 .order to the guard at the rebel sentry box with the guard who had fired. There 
 was a crowd collected to see the man, and Captain Wirz told them if they would 
 not go back that he would fire a whole volley into them. Captain Wirz laid 
 out the dead-line. I saw him laying it out. I saw him around with the men 
 who were putting it up. That was in the latter part of April, 1864. I heard 
 him give orders that if any one crossed it he would be shot. One day about the 
 middle of July they were carrying out the sick to the south gate. There was 
 one small gate opened, a kind of little wicket, through which they took the sick 
 men one at a time. There was a great crowd there. There were no less than 
 two thousand sick men and those who were trying to carry them out. There 
 were two guards at the time inside the stockade. Captain Wirz gave orders 
 that if any one stepped there the guard should blow him through. The guard 
 said that he could not keep them back. The captain hallooed out to shoot them 
 if they did not stand back. The sentinel had his musket pointed against a man's 
 stomach and he fired and killed a man from Pennsylvania. That happened about- *■ 
 the middle of July. It happened right after the order given by Captain Wirz. 
 The man was not trying to escape. He was a sergeant trying to get a sick man} 
 to the gate. I recognized Captain Wirz. He had on a black uniform — a citi- 
 zen's coat with the skirt cut off, making a jacket of it, and a navy cap with a 
 glazed cover on it. I heard his voice, and I would know it anywhere. 
 
 TREATMENT OF THE SICK. 
 
 The doctor did not come every day, and they carried men out to the gate and 
 hack. There was a man in my tent by the name of Hicks ; he belonged to the 
 75th Illinois regiment. He was very sick. Four men carried him out in a 
 
166 TRIAL OF HENRY WIEZ. 
 
 blanket. I was going out to the doctor to see if I could get anything for him, 
 for the scurvy. The doctor said that there was nothing the matter with him, 
 and that he was not fit to go to the hospital. Captain Wirz ordered him to be 
 brought back as fast as he could be. Before he got inside the wide gate, he 
 looked up and said, " good bye, boys," and that was the last I saw of him ; he 
 was a dead man. The men were left until they were almost dead, so that it was 
 never thought they could get well ; then they were taken to the hospital. The 
 diseases were principally scurvy and diarrhoea. It was customary there among 
 us to bid every man who was sent to the hospital, good bye. Whenever a man 
 went to the hospital, we knew he would never come back. We knew he was a 
 dead man. I bid one man farewell. That young man, George White, lived in 
 Germantown, Pennsylvania, and belonged to the marine corps. He was a young 
 boy with whom I was brought up. He started off to hospital. I said to him, 
 "good bye, George," and he told me if I lived to get out of that place, to 
 tell his mother that he was not afraid to die, that he was ready to die. A few 
 days afterwards I was going up to Captain Wirz's headquarters, and passing 
 the dead-house, I saw George there, and at the same time Captain Wirz with 
 two sentinels. I asked Captain Wirz if I could not take a lock of his hair. 
 Captain Wirz spoke up and said, " no." I insisted upon it, and he told me if 
 I went there he would blow my damned brains out. George White was then 
 in the dead-house, dead. Captain Wirz finally prevented me. That was the 
 morning of the 21st of June, 1864. Captain Wirz would make all the sick men 
 come out and stand up. He said if they were not all there he would stop their 
 rations. Some of the sergeants wanted to show him the men in their quarters 
 where they lay, but he would have them brought out. Sometimes they were 
 from six to eight hours in the hot sun. The men would sometimes lay these 
 sick men down, and when they would see Captain Wirz coming out they would 
 raise them up quickly. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I have seen several cases of shooting men on the dead-line. I saw one case 
 of shooting. There were something like 250 or 300 men in the creek bathing 
 one day in July. I do not recollect the date. I saw one sentry in his box — 
 the second box on the left of the south gate — a little tallow-faced fellow. He 
 was standing there, and he turned around and nodded his head at a southern 
 woman who was standing outside. She nodded in return. I was standing on 
 the rise at the bottom'of the swamp and saw this. The next thing I knew I 
 saw this rebel put up his gun and fire into the party of men bathing. He shot 
 one man through the head. With that she began to jump and dance and wave her 
 handkerchief. They took the sentinel from his post, and what they did with him 
 I don't know. I heard that the sentries got furloughs for shooting Yankees. I 
 heard that from some of the 5th Georgia, the new issue as they called themselves. 
 I noticed that the sentries were taken right down from their posts after they had 
 fired upon men on the dead-line. They never appeared to be arrested. The 
 officer would go up there and look over the dead-line to see what was the effect 
 of the shot. Another sentinel would come up with him and would be left there, 
 and the one who fired would be taken off. It did not look like an arrest. The 
 man who was shot while bathing was fully five feet from the dead-line in the 
 creek bathing. There were about 250 of them there. I saw one crazy man 
 shot inside the dead-line. He was perfectly naked. We told the sentinel that 
 he was a crazy man, but he fired and killed him. That sentry was relieved 
 right away. His post was on the left side of the stockade, right by the creek. 
 This man would get down anywhere, sometimes in the dead-line, and would 
 roll about perfectly crazy. That is another July instance. It happened in 
 July, 1864. I did not know his name. There were very few men in the 
 
TRIAL OF HENEY WIRZ, 167 
 
 stockade whose names I kuew. I cannot tell how many men I know of having 
 been killed at the dead line. They were killing them all the time and carrying 
 them out. It was an every-day occurrence in different parts of the stockade. 
 Men were killed there whom I did not see shot. They were cracking at them 
 there day and night. 
 
 CO\DITIO\ OP THE PRISONERS IN THE STOCKADE. 
 
 Parties going into the stockade with each other would become separated and 
 lose sight of each other. We would go in there, and when the " nineties" would 
 not be full the men would be scattered among them to fill up these "nineties." 
 That is the way we came not to know, half tlie time, where our comrades were. 
 They would be carried off to the hospital or carried off somewhere else and w_&i 
 would never see them again. The stockade was the filthiest place that could i 
 be imagined. The filth was fully six inches deep. When I went in there it 
 was in the night and was raining. The men were sitting around fires that were 
 no bigger than a spittoon. Maybe there would be a dozen men crouching over 
 such a fire. We thought they were all negroes. They were half naked, with 
 no shelter and with nothing to eat. Some of the men were lying out doors and 
 some were lying in shelter tents on the ground. If they had a blanket they 
 were fortunate ; if not, they lay on the ground without any. The water that 
 ran through that stockade a horse would not drink. It was the filthiest stuff, 
 with grease upon it. I complained to Captain Wirz and asked him if he could 
 not stop the grease from the cook-house from being allowed to flow in there. 
 He said it was good enough for me. I made that complaint about the latter part of 
 June. I am not sure about the nionth. I made another complaint to him. He 
 had been away two or three weeks sick. The first time I saw him after he came 
 back he was riding on a gray horse inside the stockade, in a white suit. I went 
 to him and asked him if I could not get a piece of soap. I said we were getting 
 most outlandishly dirty, and that I would rather have my ration's stopped than 
 not to be able to keep myself clean. He said we did not deserve any soap, and 
 that was all the satisfaction I could get ©ut of him. I was not sergeant of our, 
 ninety. Our sergeant was Sergeant Hope, of the ninety-eighth Illinois. 
 
 VACCINATION. 
 
 I knew a good many more than half a dozen who lost the use of their arm or 
 lost their lives from vaccination. Some of the men got the small-pox. I believe 
 there were some dozen cases. These men were carried out to the small-pox 
 hospital. After that a fellow came around with vaccine matter, and every 
 man who was vaccinated there lost the use of his arm or lost his life. 
 
 ACHUFF'S escape, EECAPTURE by the dogs, and PUNISHMENT. 
 
 Cross-examined by Counsel : 
 I was in the stockade about six months. I was never in the hospital. I was 
 in there about two months before I broke- out. I broke out in May. I did not 
 "break out ;" I walked out with the rebel guard, and ran off. One rebel soldier 
 went, out with me. He had his Enfield rifle with him. Twfi other prisoners 
 went out with me. We had got about a quarter of a mile from the stockade be- 
 fore we overpowered the guard. It was right in sight of the stockade. I told 
 him I wanted to go out for wood. That is what he supposed we were going 
 for; that is what we did go for. We didn't hurt the guard, we choked him. 
 We did not take him along with us. We let him go and he ran back to the 
 stockade as fast as he could. As soon as we got his gun from him we let him 
 
168 TRIAL OF HENRY WIRZ. 
 
 go. He ran back to the stockade hallooing "murder." There was no river to 
 throw liim in. The creek would not hurt him. We made no such proposition 
 as to throw him in the river ; nothing more than to disarm him and let him go. 
 My comrades did not propose to throw him into the creek. I did not propose 
 to throw him off the bridge. Neither of us did. He did not go with us after 
 we overpowered him and took his gun away from him. I guess we had gone 
 about one hundred miles from there before we heard any hounds. These were 
 the hounds that belonged to the jail. They belonged to Ben. Harris. I saw 
 these hounds before that. They were the same hounds that were used around 
 the stockade. I know that to be so. Seven rebels on horseback were with the 
 hounds. They told me one was Ben. Harris. I do not know whether it was 
 or not. They came close enough to take hold of me. I did not know any of 
 them. I do not know whether they were rebel soldiers or not. There were no 
 two of them dressed alike. They were armed. Otie of them had a sporting 
 rifle and the rest had pistols. I never saw any horses used there except by the 
 field officers, and I would not know them if I saw them again. I do not know 
 whether these were the horses used by the officers or not. I never saw these 
 men before or after that. Captain Wirz was not along with them. Iron shackles 
 were put around my akles, and an iron bar between my legs. 1 saw our soldiers 
 put in irons at Atlanta, Georgia. They were the same kind of irons used at 
 Andersonville. I never saw soldiers in the Union service with irons on ; I never 
 heard of it. 
 
 By the Court : 
 I do not know how far Flint river is from Andersonville I took across about 
 ten miles from the east corner to the Flint river. 1 struck the Flint river absut 
 ten miles off. I took a good while to get there. We travelled to the east 
 through the woods. We crossed the river so often to keep the hounds from 
 tracking us. We thought we could evade the hounds in that way. We rowed 
 down a bit in an old flat boat, of which we broke the lock with a rock. We 
 rowed down the river in this boat and then let the boat go. We did not know 
 what points we were at, and we kept going backward and forward to try and 
 distract the hounds. I do not mean to say that the hounds were on both sides 
 of the river. We did not know what side of the river they were on, and that 
 was what kept us at that work. I had nothing on but a pair of pants made out 
 of two rebel meal sacks, which I stole out of a rebel commissary store. I had 
 on mighty little at first. I had a pair of pants and blouse, but they were worn 
 out. 
 
 PRIVATE PROPERTY TAKEN FEOM PRISONERS. 
 
 By Counsel : 
 
 I saw men stripped right by Captain Wirz's headquarters. 1 do not know 
 where the surgeon's headquarters were. It was at Captain Wirz's headquarters ; 
 it was not near the depot. I never saw any men searched up at the depot. 
 
 By the Court : 
 
 I never heard Captain Wirz give any orders to take watches from our prison- 
 ers, but I saw him do it when Stoneman's cavalry came in. I saw him " go 
 through" the prisoners and rob them himself, at his headquarters, taking from 
 them money and everything else they had. 
 
 By Counsel : 
 Ihave seenhimputtingsomethingin his pockets; I do not know what it was ; I 
 cannot designate anything which I know he took. 1 saw him come out with a 
 whole handful of buttons. 
 
TRIAL OF HENRY WIRZ. 169 
 
 By the Court : 
 
 I saw articles of clothing taken from Stoneman's men. I saw hats and pants ' 
 and jackets and boots taken from thsm. I heard Captain Wirz order them to 
 be taken off. I saw Captain Wirz take them, and saw the guards haul them 
 off. They never were returned to them while I was there. I was stripped in 
 the same way, but not by him. -^ 
 
 . By Counsel : 
 The first thing that was taken from me was by General Wheeler. He took 
 my pocket-book. It contained thirty -five cents and three United States postage 
 stamps. The next thing taken from me was by Major General Hindman at 
 Dalton, Georgia. He took my hat off my head, a Burnside hat, and put it on 
 his own. There they stripped me of boots and everything else. 1 never was 
 on parole at Andersonville. I was not outside at liberty. They wanted me to 
 go out on parole, but I would not. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 The dead-line was laid out in the latter part of April, 1864. Captain Wirz ' 
 laid it out. I don't know who was with him. I don't know how many were 
 with him; I should think about half a dozen. I did not see any officers with 
 him. I did not see any officer going' round to inspect it before that. I do not 
 know what was done with the sentinels who were removed from their posts after 
 shooting men. I only know they were taken off; all the reason I heard was 
 that they got a furlough. I do not know anything about the rule. I only know 
 that when a sentinel shot a man he was taken off his post. 1 heard they got a| 
 furlough. That was all the reason I ever heard. 
 
 September 5, 1865. 
 
 Daniel W. Bussinger, for the prosecution : 
 
 I have been in the military service of the United States. I was in the tenth 
 Pennsylvania reserves. I was captured on the 21st of May, 1864, at Spottsyl- 
 vania Court House. I was taken to Libby prison, and from there to Anderson- 
 ville, Georgia. I arrived at Andersonville on the 7th of June 1864. 
 
 THE orders to THE GUARDS. 
 
 Captain Wirz was in command of the prison when I went there. The weatheT^ 
 was very warm when I got there. We were counted off in front of Captain 
 Wirz's headquarters. It was very warm weather and we were forced to stand 
 out for four hours while the sergeant called the roll and took our names. Some 
 of the boys were sun-struck and fell down and we volunteered to carry them 
 into the shade. Captain Wirz gave orders to the guards that if any man stepped 
 but of the ranks he was to be shot ; at the same time we were in want of water, 
 but they would not give us any. I asked some from one of the guards, and 
 Captain Wirz gave orders to the guards that any man who asked for water 
 would be shot. He said they were damned Yankees and did not need any water. 
 When the men fell down there and fainted, Captain Wirz said that if it lay in 
 his power he would mike the victory complete ; that the men who fell down therej 
 and fainted deserved to die there. 
 
 SHOOTING of prisoners BY THE GUARDS. 
 
 I heard shots fired into the stockade very frequently. I have heard shots 
 fired over the stockade by men outside of the guards, I suppose. They were not 
 fired at any person, but were fired over the stockade I never heard Captain 
 
 lA/it"z cpixra QTiTr m'npi'H mh tn hvlncr infn fViQ afnnlrtarlo T naTTA appn TYlpn finnt t".npl'f» 
 
170 TRIAL OF HENRY WIRZ. 
 
 In the early part of July one man was shot down there at the run. That was 
 the first case. 'In the middle of July a man was shot belonging to the 118th 
 Pennsylvania volunteers. I am not able tq give his name. I saw him shot. 
 He was shot at the run getting water. He was killed. Captain Wirz was not 
 present. The man was not on the dead-line : he was getting water. The 
 water that came into the stockade was very greasy, and the man wanted to get 
 the best water he could, and in doing so he approached toonear to the dead-line 
 and was shot. That was the first instance I saw. The man was carried to the 
 south gate after he was shot. He remained there about two hours and was then 
 carried ofi' to the dead-house. The prisoner was at the stockade while the man 
 lay there. I did not hear him say anything. I saw a man shot on the 18th 
 of July, in the northeast part of the stockade. I do not know his name. He 
 belonged to the 118th Pennsylvania. He was shot through the hip; he was 
 lying in his tent at night when he was shot. He was carried out next morning to 
 the doctors, and I saw him lying there waiting for his turn to be carried out. 
 He was not dead. I am not able to state whether he died or not. I did not 
 see Captain Wirz there. I saw another man shot by the dead-line. I cannot 
 say at what time. The prisoner was not present. Captain Wirz was present 
 when the first one was brought up to the south gate to be carried out. I did 
 inot hear him make any remarks. 
 
 STOPPAGE OF RATIONS. 
 
 Our rations were stopped from the third to the fifth of July. I have seen the 
 rations of sick men stopped. When the men began to go out there were some 
 few who were not able to follow the detachment. They were ordered over to 
 the barracks at the north part of the stockade. Some of them walked too fast. 
 Captain Wirz was there and ordered them back and had their rations stopped. 
 I had charge of two or three of these sick men who were taken to the barracks, 
 and I had to feed them out of what little rations I had for two or three days. 
 These sick men did not get well. One of them was Hugh Lynch of Philadel- 
 phia; he belonged to the third Pennsylvania cavalry. Another was William 
 Cuyger of the same regiment. I am not able to state how soon they died after 
 their rations were stopped. I have no doubt they died from the effect of having 
 their rations stopped. It was nearer a week than two weeks afterwards that 
 they died. Another was called William Waterhouse. He belonged to the same 
 regiment, the third Pennsylvania cavalry. 
 
 SUFFERINGS FROM HUNGER. 
 
 The men were very emaciated. I have seen them searching for food that 
 passed through men, not digested, down in the sink and in the marsh. I have 
 seen them searching in the filth that was thrown away ; they would pick up 
 anything dropped from the wagon that brought the rations, bits of corn bread, 
 or any scraps thrown from the raiders' tents ; anything in the way to be eaten 
 was picked up by such men. I have seen them eat this undigested food. They 
 would wash it and eat it. 
 
 THE SUPPLY OF VEGETABLES AT ANDERSONVILLB. 
 
 I — 
 
 I was outside the stockade no more than to carry out dead men. I saw vege- 
 tables about there in the stockade and outside ; I saw almost everything that is 
 to be had in the northern market. I saw melons, potatoes, onions, beans, green 
 peas, peaches, and apples. The sutler of the camp used to bring them in, and 
 the men used to purchase from him unless they could barter with one of the 
 rebel sergeants who called the roll. I do not know the sutler ; I never became 
 acquainted with him ; I am not able to state whether he was a Union man or 
 not. 
 
TRIAL OF HENRY WIRZ. 171 
 
 TREATMENT OF THE DEAD. 
 
 Two men were buried inside the •stockade after the men began to go awayT 
 There was one dead man who lay in the barracks about four days. He became 
 putrid and was not carried out. Whose fault it was I do not know. He was 
 buried there. 
 
 Another man was buried there very near the raiders' tent ; I saw his grave. 
 I am not able to state why these men were buried inside the stockade. I sup- 
 pose the one who died up at the barracks would have been carried out if the 
 men had not gone away. That was the only way we could get wood, and when 
 the men began to go out the wood became plenty. The man was not in a con-^ 
 dition to be carried out when he was buried ; his body was decayed. I mean 
 by the raiders' tent, the tent of the desperadoes who infested the camp there, 
 plundering their comrades of rations, or anything else they could find. They 
 were some of the men who were afterwards hanged. There was an organized -, 
 band of them of about five hundred. '' 
 
 THE ORDERS TO THE GUARD. 
 
 Cross-examined by Counsel : 
 
 I saw Captain Wirz inside the stockade every day. He came sometimes with 
 the quartermaster looking after tunnels. That was the general vocation of him 
 and the quartermaster. Tunnelling occurred every day ; it was principally done 
 by our own men. These ugly fellows did not have much to do with it. They 
 got on always very well in the stockade, and did not want to get out. I first 
 went into the stockade on the 7th of June, 1864. I never was on duty outside 
 the stockade. I never had a parole. Captain Wirz kept me without water. 
 Captain Wirz neVer used any personal violence toward me. I heard Captain 
 Wirz give the order to shoot men if they would not stand up. Nobody was 
 shot by reason of that order. The order did hurt somebody, for the men lay 
 there in the hot sun, and if he had not given that order, we should have volun- 
 teered to carry them out into the shade. After giving that order we did not 
 dare to move. I was deprived of water for four hours. We had none since we 
 Ibft Augusta He had it on hand ; I saw it there. He gave it to his own 
 guards, but did not give us any. 
 
 THREATS of wirz. 
 
 September 5, 1865. 
 
 Horatio B. Terrell, for the prosecution : 
 
 I was in the United States service ; in the 72d Ohio infantry. I was taken 
 prisoner on the 12th of June, 1864, and was taken to Andersonville on the 19th 
 of June, 1864. I have o'ften heard the prisoner use violent language to prison-^' 
 ers when they were being counted oflF. He said that if more than four damned 
 Yankees got into a rank, he would make four out of them very quick. I re- 
 member that he came into the stockade one day during the winter and one of 
 the men showed him his rations of corn bread, and asked him politely if he 
 could not give us a little more. Captain Wirz turned arouud,"drew his pistol 
 and said " God damn you, I will give you bullets for bread.'' I do not recol- 
 lect in what hand he held his pistol. I presume he held it in his right hand 
 from the fact that if he used his left hand, I should have remembered it dis- , 
 tinctly. "^ 
 
 STOPPAGE OF RATIONS. 
 
 Our rations were stopped about ten or twelve days altogether when I was at 
 Andersonville. Not continuously. They were stopped about the 4th of July, 
 I thinkjfor two davs. 
 
172 TRIAL OF HENRY WIRZ 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 1 
 
 There was very little accommodation in camp aa to sinks. There was not 
 accommodation for more than a twentieth of the men at the sinks. A great 
 many of the men were sick and weak, and could not walk so far as to get to 
 the sink. It was fully a quarter of a mile from some parts of the camp, and 
 they used the swamp instead, so that it soon became covered for a foot deep or 
 more with human excrement. A good many sick men were not able to go to 
 the swamp, and had their comrades dig holes for them by the side of their tents. 
 In this way a good deal of the ground along the edges, of the tents was soon 
 perforated with these holes. This made it unhealthy and spoiled the water to 
 some extent which was in our wells. The whole ground in the swamp was 
 perfectly poisonous from the filth and urine that had accumulated there, and 
 any prisoner having the least scratch on his foot and going there, would get it 
 poisoned, so that his foot would swell up and would gangrene in a short time. 
 Frequently they lost their limbs and sometimes their lives. 
 
 TREATMENT OF THE DEAD. 
 
 The dead-house was at the hospital during the first part of the time I was 
 there. I carried out two men at different times and brought in wood on my re- 
 turn. But soon afterwards it was changed and put nearer the stockade, so that 
 we only had to take the dead just outside the south gate, aud that cut off the 
 supply of wood. I counted forty-six corpses one day in the dead-house at the 
 hospital. After they moved the dead-house nearer the stockade I saw what I 
 should judge to be from seventy-five to one hundred dead men lying there in the 
 sun. I have seen them carried away in wagons. We could see them plainly 
 from the interior of the stockade when they took them away. About every day 
 they would take them away. One man would go to the heels of a corpse and 
 the other to the head, and they would swing him into the wagon. They would 
 pile them in just like dead hogs from the slaughter houses. I suppose there 
 were eighteen or twenty to a load. 
 
 THE PRISON RULES. 
 
 Q. Have you ever heard Captain Wirz read any rules for shooting men ? and 
 if so, state what they were. 
 
 Objected to by counsel for the accused, unless the rules themselves were pro- 
 duced. 
 
 Q, Do you know where the rules are ? 
 
 A. I do not. 
 
 The Assistant Judge Advocate. I call upon the prisoner to produce them. 
 
 Mr. Baker. We call upon the government, that has all the papers, to produce 
 them. 
 
 The Assistant Judge Advocate. We have searched for the rules, but can- 
 not find them. 
 
 The court overruled the objection, and decided that evidence of the contents 
 f of the rules should be given. 
 
 WiTNKSS, When we came to Andersonville the second time, about the 21st 
 of December, 1864, and when we were being arranged into detachments, or after 
 we were arranged. Captain Wirz came to each detachment and read the rules 
 pwhich he had adopted for the government of us as prisoners of war. The rules 
 stated that we would be shot if we entered into the dead-line, aud that any 
 prisoner speaking to the guard would be shot by the guard without halting. He 
 went on to explain that a little. He said that if any of the Yankees traded 
 with the guards and if the guards took their money and did not give them any- 
 
TKIAL OF HENKY WIEZ. 173 
 
 thing for it, and if afterwards the Yankee came to him to complain, he should 
 punish the Tankee and say "bully" to the guard. He also stated in the rules 
 that if we committed any mischief, such as taking up boards or disturbed any- 
 thing, our rations would be cut off until the perpetrators were found and pun- , 
 ished. —^ 
 
 PRECEDENCE IN EXCHANGE TO THOSE WHO PAY FOR IT. 
 
 I never saw any articles of value taken from the prisoners at Andersonville. 
 I know of money being taken by the guards for permitting prisoners to go out. 
 There was money taken about the middle of March, 1865, when an exchange 
 apparently was agreed upon. The rebel sergeants came in, and Selman, the 
 rebel sutle;r, and Mr. Barr, the rebel quartermaster, and they told the boys that 
 if they would give so much money, they should be the first to go out, and those 
 who gave money were the first men who were taken out for exchange. Some 
 that I know of paid twenty dollars and some paid less. These persons were 
 under Captain Wirz's command. They were in every day to call the roll. 
 These propositions were tolerable open. They did not stand up and proclaim 
 it, but they went to a good many -v^ho they supposed had money and told them 
 of it. I know of men who gave money, and I know of men who gave a lot of 
 brass buttons to get out. I do not know of the prisoner having received any 
 for that purpose. 
 
 Cross-examined by Counsel : 
 I do not know that Captain Wirz came in there and forbade anybody giving 
 money to get out. I do not know of his coming in there and blaming those who 
 were paying money. I never heard such a thing, and 1 was on the look-out for 
 it. 1 don't think he was in there during those three days at all. 
 
 By the Court : 
 This money was taken from the 15th to the 25th of last March, continuously 
 for seven days. Several train loads of prisoners were taken out. 
 
 REFUSAL to EXCHANGE PRISONERS. 
 
 When I speak of being there the second time, I mean that I went from An 
 dersonville in the fall. I went to Sherman's lines to be exchanged and was 
 refused. I went to Savannah and to Millen, from Millen to Savannah again, 
 and to Blackshire and Thomasville, and then marched sixty miles afoot to Al- 
 bany and then to Andersonville again, arriving there about three days before 
 Christmas. I was exchanged finally, reaching our lines on the 1st day of April. 
 The reason assigned by the officers there for refusing to exchange us at first was 
 that we had not been captured around Atlanta. They were exchange ofiicers. 
 It was a special exchange of 2,000 men, and although we belonged to Sherman's 
 army, we had been captured in Mississippi, and 101 of us, I think, were sent 
 back to the rebels again. That was at Eough and Ready, near Atlanta. That 
 was on the 19th of September, 1864, -I believe. We left Andersonville on 
 the 17th. We were sent back because we did not come under the terms of 
 the special exchange agreed upon between General Sherman and General Hood. 
 We understood it was the ruling of General Sherman himself The exchange 
 officer first told us that we would have to send word to General Sherman about 
 our case, and in about two or three hours word came that we could not be received, 
 and we understood that it was from General Sherman himself. I do not know, 
 only as we heard from the authorities there. We thought very hard about being .; 
 taken back again. 
 
174 TRIAL OF HENRY WIEZ. 
 
 September 5, 1865. 
 
 Robert Merton, for the prosecution : 
 
 I was in the military service of the United States, in the 97th Pennsylvania 
 regiment. I was taken prisoner. I was first taken to Petersburg and then to 
 Andersonville. I went to Andersonville on the 16th of May, 1864. 
 
 SUPPLIES FROM THE NORTH. 
 
 1 was twice at the depot there. I saw a storehouse there about 150 feet long 
 and 40 feet wide. I was never in it. I looked in. I saw sacks and bags. It 
 was about half full of sacks, and there was a small quantity of boxes at one end 
 of it. I have seen sanitary clothing on paroled men outside. I never saw any 
 on anybody else. I saw shirts worn by others than our own men. I believe I 
 saw shirts worn by Captain Wirz. They were white linen shirts. They were 
 marked " Sanitary Commission." I know of boxes being received from the 
 north by prisoners. I received one myself. A piece of smoked beef and a tin 
 of butter was in it. About a pound and a half of butter and two pounds and a 
 half of smoked beef. There was clothing and two letters sent in that box, but 
 I never received them. I learned its contents from a letter which I received 
 previous, in which ten dollars was sent, but I never received the ten dollars. I 
 1 received the letter, but it was open when I received it. 
 
 PRIVATE PROPERTY TAKEN FROM PHISO.\ERS. 
 
 Forty dollars and a watch was taken from a prisoner. It was taken from 
 Eobert Merton. Some was taken from Alexander Forbes, company B, ninety- 
 seventh Pennsylvania. This was at Petersburg. The money and watches were 
 forwarded in a box which were delivered to Captain Wirz. The box contained 
 money and^ jewelry belonging to prisoners and which were taken with us. 
 Thirty-nine prisoners had articles in that box. Two of them received watches 
 in Andersonville. Nothing else was given back to them that I know of. 
 
 MEi\ BITTEN BY THE DOGS. 
 
 I saw hounds at Andersonville. I saw one man who was torn on the leg by 
 them. He was taken out of the stockade and I never saw him afterwards. He 
 was removed to the hospital. 
 
 THE CHAIN-GANG AND STOCKS. 
 
 I saw thirteen men in the chain-gang outside the stockade. I saw them two 
 or three times. I saw men in the stocks and the chain-gang frequently. I never 
 saw the stocks empty. 
 
 A NEGRO SOLDIER WHIPPED BY WIRZ'S ORDER. 
 
 One man who was whipped was a soldier belonging to the eighth United 
 States colored troops. He was a colored man named Hawkins. He was ordered 
 by Wirz to receive five hundred lashes. The sergeant miscounted and he received 
 two hundred and fifty. Since that he has returned to his regiment. That 
 was outside the stockade. He was whipped for carrying onions to the hospital; 
 to the sick men in the hospital, I believe. Wirz gave the order for the applica- 
 tion of five hundred lashes. I believe he was not present when they were 
 given. A man named Turner, who used to run the hounds, was I believe, the 
 I man who whipped him. 
 
TRIAL OP HENEY WIEZ. 175 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 I saw a boy kicked by Captain Wirz He was kicked while out on the sick 
 list by Captain Wirz for not getting out of the way in time. He was carried 
 back to his detachment and the next morning he was taken out. I don't know 
 what became of him afterwards. It was rumored in camp that he died. That 
 was in the month of July. I don't know what the boy's name was. I don't 
 know what regiment he belonged to. 
 
 A COLORED MAN SHOT BY WIRZ. 
 
 I saw one man shot and heard the dying statement of a colored man who was 
 shot. That dying statement was, that Captain Wirz had shot him in the back. 
 There was a bullet in his back when he died. The statement was made to 
 Richard Fitzgerald, of the eleventh Connecticut regiment, who took it down in 
 his diary. After that Fitzgerald was shot and his diary was taken away ; by 
 whom 1 do not know. I saw Fitzgerald after he was shot. He was shot by 
 the guard. His tent was close to the dead-line. Some said that he had rolled 
 half way over the dead-line ; some said not. I presume he rolled with his feet 
 over the dead-line and was shot. They were carried next morning to the gate 
 and taken out. I do not recollect the name of the colored man who gave his 
 dying statement. He stated why Captain Wirz shot him. It was for refusing 
 to go outside and work. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw the guard shoot one man while he was reaching under the dead-line fort 
 water. I don't know his name. It was in July. It was rumored that Captain 
 Wirz was in the sentry-box, but I did not see him. I saw the guard shoot a 
 man at the gate when he was going on sick list. The guard was a young man 
 about eighteen years old. The sergeant, I believe it was Sergeant Smith, asked 
 who had shot him. The young man said he had shot him, and using an oath, 
 which I do not like to repeat in court, he said that he would shoot any other 
 Yankee if he thought he could get a sixty-days' furlough by shooting two 
 instead of one. The guard was removed from his post, and I never saw him 
 again while I was there. I saw a one-legged man shot at the creek. I do not 
 know his name. He was called, I believe, " Crazy Jim." He was considered 
 crazy. He was shot in July ; about the middle of July. He was killed in- 
 stantly. I don't know whether Captain Wirz was present or not at that time. 
 It was rumored that he was in the sentry-box. I did not see him. I saw three 
 men shot in all, the three I have already described. I did not see any more j 
 cases of shooting. 
 
 THREATS OF WIRZ. 
 
 I heard Captain Wirz make remarks concerning the prisoners on the south 
 side of the stockade. After the loss of his watch, I believe, and being insulted 
 by the prisoners on that side, he said that, if he could help it, not twenty-four 
 of the prisoners then on the south side should get out either by exchange or on 
 parole. 
 
 Cross-examined by Counsel : 
 
 This threat was in consequence of either losing his watch or being insulted. 
 
 STOPPAGE OF RATIONS. 
 
 The rations were stopped, I believe, on the third or fourth of July. The 
 cause was that a man was taken out for running a man to the dead-line who had 
 betrayed the opening of a tunnel. I know nothing about turning the guns 
 
1 76 TRIAL OF HENRY WIEZ. 
 
 of the fort on the guard. The only tunnel I know of was the tunnel with 
 which I was connected. It was on the south side. We had been tunnelhng 
 for three weeks, when a man, I don't know his name or his regiment, told Quar- 
 termaster Humes where the tunnel was. We had got so far that, if the man had 
 not betrayed us, or had not been a "down-easter," as we termed it, we would 
 have got out the next night, but as we were betrayed, we did not get out at all. 
 I hardly know how many would have escaped. Some twenty or twenty five 
 were engaged in digging the tunnel. Seven hundred or two thousand might 
 have escaped, for all I know, after we got out. I know nothing of the plan to 
 turn the guns on the guard. We dug that tunnel with tin plates, oyster shells, 
 and such other articles as we could get. I know of no other tunnels besides 
 that one. 
 
 By the Court : 
 According to our calculation the tunnel was one hundred and forty feet long. 
 It was on the south side of the stockade, about thirty-five feet from the creek. 
 The diameter of the tunnel was about three and one-half feet. We would have 
 to crawl through it. 
 
 treatment of united states colored .soldiers at andersonville. 
 
 September 5, 1865. 
 
 Frank Maddox, for the prosecution : 
 
 I belong to the 35th United States. I was at Andersonville, Georgia, as a 
 prisoner. I was there about eleven months. I was taken there April 1st, 1864. 
 I left there February 2d, 1865. When I was taken there I was put in the 
 stockade and stayed there about two months, until my wounds got well enough 
 to allow me to work. I was then taken out and put to' work. I was wounded 
 in the hip and foot. I was wounded at Olustee, Florida. When they took us 
 *out of the stockade, they put us to work, pulling up stoops around the stockade, 
 cutting wood, and doing first one thing and then another. We were in and out 
 until the 2d or 3d of September. We were then taken out and put to burying 
 the dead. I did not assist in building the fortifications. We helped to enlarge 
 the stockade. We commenced on that, I think, the 1st of June. I know Cap- 
 tain Wirz. I heard Captain Wirz make threats as to what he would do with 
 us. One morning, I think it was in February, they sent us to the swamp to 
 ditch. It was very cold, and the boys did not want to go. Captain Wirz told 
 the sergeant in charge, if we did not go, to take a club, and kill the last "damned 
 ■ one of us, and let the buzzards eat us." I am speaking of the colored men. 
 My wounds hurt me while I was at work ; they had not healed up. I did not 
 complain. I saw no use in complaining. Those who did complain did not get 
 anything done for them. I heard men complain to Captain Wirz about their 
 sufferings from cold. When I was there in April it was very cold and we had 
 no wood and nothing to lie upon, except the ground. One morning the sergeant 
 asked him to let us go out and get some wood. He said he was not going to do 
 it; that he did not care a damn if we all died. The sergeant intimated to us 
 that Captain Wirz gave the men a thirty days' furlough every time they shot a 
 Yankee. He would never treat us boys as Captain Wirz wanted him to treat 
 us. He wanted him to be whipping us and knocking us about, and he did not 
 do it. Captain Wirz ordered him to do it. I have seen him many times 
 when he gave the orders. I looked right at him when the words came out uf 
 his mouth. I never saw colored men put in the stocks or the chain-gang. 
 When they wanted to punish them, they put them across a log and whipped 
 rthem half to death and put them back to work. 
 By the Court : 
 
 I don't know exactly how many colored men were there. When I left there 
 
TRIAL OF HENEY WIEZ. 177 
 
 were only fifty-four. They were all prisoners. They were not all at work 
 outside. Some were not able to work. Bome had only one leg and some had 
 only one arm. Those who were able to do any worlk were at work outside. 
 Those who were not able to work received very bad treatment. Once for a 
 week they did not get anything to eat. That was in September. The colored 
 prisoners were in a gang by themselves up towards the south gate. They were 
 treated in no other way diflferently from the white soldiers. 
 
 A NEGRO SOLDIER WHIPPED BY WIRZ'S ORDER. 
 
 By Judge Advocate : 
 Captain Wirz never inflicted any punishment of any kind on me but he did 
 on others. One he had whipped. I was up at his office in the morning to get 
 an order for rations for the boys who would be out at work. He thought I was 
 the man and commenced to curse me. The sergeant told him I was not the 
 man, and called up Isaac Hawkins and asked him what he had been doing. 
 He told him nothing. Captain Wirz hauled back and knocked him to the side 
 of the tent and told Turner to take him, strip him, and give him five hundred 
 lashes, calling him " a damned Yankee son of a bitch." They gave him two 
 hundred and fifty lashes, and the sergeant who was boss over us, and counted 
 them, told Turner that he had given him five hundred, when he had only given 
 him two hvmdred and fifty. The man was then loosed, and taken to the black- 
 smith shop, and had about two feet of chain put on him, and was sent to the 
 graveyard to work, being told that if he stopped five minutes during the day, 
 he would get two hundred and fifty more. The man was whipped on the bare 
 back. He was stripped naked and put across a log, and they whipped him 
 from his feet up to his head, across his back. They whipped him all over. He 
 was whipped with a leather strap about as wide as my forefinger, attached to a 
 staff about two feet long. 
 
 THE stocks. 
 
 I have often seen the stocks, and saw men in them. The stocks were about 
 twenty feet long, with places for men's heads and arms ; holes to put their heads 
 through, and holes beneath for their feet, and then there was a plank to chain, 
 them down to, so that they could not get out. 
 
 A W^HITE prisoner WHIPPED BY WIRZ'S ORDER. 
 
 I know of a white man coloring himself and trying to escape. The man came 
 out in the morning when we did. He had blackened himself and intended to 
 get out to work where we were, so that he could get a chance to get away. 
 They found him out, and Captain Wirz told the sergeant to take him, strip him, 
 and give him thirty-nine lashes on his naked back, and he did so. He then 
 ordered the man to be put in the stocks. Captain Wirz said the man had blacked 
 himself to be a nigger, and, God damn him, he would give him a nigger's law. 
 That was thirty -nine lashes. He was whipped, but I don't know whether they 
 put him in the stocks or not. I went off to work. 
 
 THE CHAIN-GANG. 
 
 I saw twelve men in the chain-gang for about a week. They had iron collars 
 on their necks, and the chain connecting them all together, a ball and chain on 
 their feet, and a large ball in between every four men. 
 
 MEN BITTEN BY THE DOGS. 
 
 I saw the hounds, and saw them running men, and saw one man who had 
 been torn by them shockingly. Captain Wirz ordered him to be put in the 
 stocks, and he stayed there until he was nearly dead. He was taken out, and 
 
178 TRIAL OF HENRY WIKZ. 
 
 a couple of days afterwards Lis body was brought to the graveyard. This was 
 in September, 1864. The dogs had torn all the calves of his legs clear up, and 
 his back, and had also bitten him on the back of his neck. I saw him before 
 he died, and I helped to bury him. I recognized the man I buried as the man 
 ■who had been bitten by the dogs. I do not know his name or regiment. It 
 happened in September. I know that Turner came to the graveyard, and said 
 that there had been two men, and that one of them he had let the dogs tear up 
 in the woods. That was Turner who ran the dogs ; did not see Captain Wirz 
 there at that time. This man was put in the stocks by Captain Wirz's orders. 
 Turner told me that the one who had been torn up in the woods was caught at 
 the same time this man was. He said that he was killed ; he said that when 
 the dogs caught him, he wanted to fight, and they let the dogs tear him up in 
 ■(the woods and left him there. 
 
 TREATMENT OF THE DEAD. 
 
 The ditch that the prisoners were buried in was laid off seven feet wide, I 
 believe, and it was dug scant three feet. The men were laid in side by side ; 
 most of them were naked. They stripped them before they brought them there. 
 I don't know what became of the clothes that were taken off them. The btfjs 
 who came up with them Said that they had been taken for the rebels. There was a 
 detail made of colored men to wash those clothes. I was not on that detail. 
 One man who was on it was George Brown of the 54th Massachusetts, and there 
 were a couple of colored men belonging to the 8th Pennsylvania ; I never saw 
 any of the men stripped, 
 
 VACCINATION. 
 
 Captain Wirz was out at the graveyard one day in October, 1864; some 
 officers were out there with him, and they were looking at the men who had 
 been inoculated — how green their corns had turned. Captain Wirz said, " The 
 God-damned Yankee sons of bitches;" he had given them the land they had 
 come out to fight for, he had given them six feet. He referred to those who 
 
 ( had died from vaccination ; that was in October, I was at Captain Wirz's office 
 every morning ; I would go up every morning to get the tools, and would carry 
 them back every evening. I attended to the burying of the dead. I heard 
 Captain Wirz tell the doctor at the gate, I don't know who he was, to vaccinate 
 all those men ; they were talking about having the small-pox there ; the doctor 
 told him that according to his orders he would do it ; the men all died. I saw 
 Captain Wirz in the graveyard with the surgeons two or three times ; they were 
 laughing over the effects of the vaccination one day ; the doctor had been exam- 
 ining, and had cut some bodies open, and had sawed some heads open ; in some 
 cases a green streak from the arm had extended to the body ; they were laugh- 
 ing a,bout its killing the men so ; I mean the surgeons and Captain Wirz ; this 
 was in October ; I do not know who the men were ; I knew the chief surgeon. 
 Dr. White; I never saw him out there ; I saw him pass often, but never stop 
 
 Inhere ; the graveyard was about a mile from the stockade. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I saw thirteen boxes of sanitary stores come there ; I helped to unload them 
 and put them in Captain Wirz's office. I do not know what became of them. 
 They gave the men at the cook-house some and some were sent to the hospital. 
 I do not know what became of the balance ; I saw Captain Wirz wearing blue 
 pants and sanitary shirts. We asked him for some of the clothes and he would 
 not give them to us ; we were naked and barefooted. 
 
TRIAL OF HENRY WIRZ. 179 
 
 NEGRO SOLDIERS WHIPPED BY WIRZ'S ORDER. 
 
 Orosa-examined by Counsel : 
 I saw some four or five colored men whipped. When we were working on the 
 stockade four were whipped ; one was knocked down with a spade ; the first 
 that I saw was in May ; there were two whipped at Captain Wirz's headquarters; 
 they each got thirty -nine lashes ; I do not know what they had done ; I don't 
 know what that man had done who was ordered to receive 500 lashes. Captain 
 Wirz said that he had forged a pass, and the man said he didn't ; I don't know 
 what he did ; he was not the man who insulted the white lad^' ; no colored man 
 insulted any white lady ; I did not hear him say anything as to that ; I was at 
 Captain Wirz's office when I heard him say the man had forged a pass ; he ac- 
 cused me of that when he thought I was the man ; I do not know whether it 
 was true that the man had forged a pass ; I never saw Captain Wirz abuse any 
 colored men unless they had done something wrong ; I have seen him have some 
 of them whipped, but whether they did anything wrong 1 cannot tell ; what 
 they had done I do not know ; I heard there were charges against them. 
 
 treatment op united states colored soldiers at a.\dersonville. 
 
 I worked in the burying-ground from the 10th of September to the 2d of 
 February, 1865 ; I was not engaged there all that time ; the men didn't die so 
 fast after the last of October ; and then when I wasn't burying the dead, I cut 
 wood and worked in the swamp ; I did not help to carry them to the burying- 
 ground ; I worked in the burying-ground ; after we were taken out of the 
 stockade to stay, we were carried at nights up to the depot — the other side of 
 the branch, opposite the depot ; we had no guard over us ; there was no one to 
 look after us, or take care of us ; we had orders not to go away from there ; no 
 one was over us or in charge of us. The gang that worked with me in *^ he 
 graveyard had about twenty-three in it. It was sometimes smaller, some would 
 be taken off to do other little jobs ; others were not put in. 
 
 treatment of the dead. 
 
 White soldiers were burying the dead before we went there. There were no 
 white soldiers so engaged at the time we were there. There was a gang of 
 confederate colored ; about twenty. We all worked in the same burying-ground , 
 but they did not allow us to have any conversation with them. We worked close 
 together. They buried none there but our own Union men. The men died so 
 fast that those we had there could not bury them fast enough. They were all 
 burying Union soldiers. There were forty or fifty at work burying. That 
 number staid there between two and three months. The ditch was seven feet 
 wide and three deep, in some places not so deep. The men were laid in, side 
 by side, and the dirt was thrown right in on them. They laid them in side by 
 side. They were laid in decently and respectfully. The sergeant was over us, 
 and he told us how he wanted them put. He was a confederate sergeant. He 
 told us to be particular to lay them in as straight as we could, and as close 
 together as we could get them. 
 By the Court : 
 
 We lay them on their backs. 
 By Counsel : 
 
 There were no boards there out of which to make coffins. We could not 
 have put them in coffins. There were no coffins there, and no boards to make them. 
 We didn't even have boards to put over them after we put them in. For two 
 pits or trenches we had boards to lay over them, but after that they gave out. 
 
180 TRIAL OF HENRY WIRZ. 
 
 We did not at any time have sticks to lay over them. We laid puncheons over 
 the trenches, and after the puncheons gave out, we did not have anythiag. 
 The timber was cut down and split open, and we laid that on top. We did not 
 lay the puncheons directly on the men, but a little distance above them, and 
 then we put the earth on the puncheons. The puncheons gave out because they 
 quit getting them. I saw Captain Wirz in the burying-ground three or four 
 times. While there, I did not see him do anything except on the one occasion 
 which I have stated. The doctors opened the sculls of those men at the hospital. 
 They were buried there afterwards. They were not mangled in any way ; it 
 was done pretty decently. In the examination of the dead men at the hospital, 
 the regular surgeons were engaged. After opening a man's head, they would 
 sew the scull up. 
 
 THE SUPPLIKS FROM THE .\'ORTH. 
 
 I knew of sanitary stores being distributed to the colored men. Six of them, 
 I believe, got pants and shirts. They were some men who had lost legs, and 
 they were brought out of the stockade naked. The sergeant in charge of them 
 went to Captain Wirz and told him about it, and he gave him pants and shirts 
 for six. I never saw any more than this one lot of stores sent there. They 
 were very large boxes. Six of them were about as large square as that table 
 (about a yard in width) is wide. I know what dry-goods boxes are. They 
 were all dry-goods boxes but one — a box of shoes, and six bales of blankets. 
 Those were all I ever knew to come there. They came the last of September 
 or first of October. They were moving the prisoners to Savannah when these 
 goods arrived. 
 
 THE RATIONS. 
 
 I was at the depot every night to put the rations on the trains for the men 
 who went away. I first began to go to the depot in September. It was the 
 fourth of September, I believe, that I first went there. I was there pretty much 
 night and day till the soldiers were all gone. I would go to the graveyard and 
 work all day till they got ready to send ofi' a lot of soldiers at night. Then I 
 would have to go and put rations in the train for them. We got those rations 
 out of the commissary there. I did not go to the commissary myself, with the 
 team, and get the rations. I don't know who did. My orders were to put so 
 much in every box. Those boxes were on the railroad. By boxes I mean box 
 cars. I cannot exactly state the quantity of rations I was to put in each box 
 car. Those rations were baked in square loaves of bread, and there were about 
 eight of those loaves of corn-bread in one box, to last sixty men two days. The 
 loaves were about four or six times as large as that book (a book about nine 
 inches long, six inches wide, and four inches thick.) Besides those loaves, I 
 put in about twenty-five or thirty pounds of bacon, cooked bacon. The men 
 would go in the same car with these rations. The bread waa as coarse as it 
 conld be, and looked as if the cobs and all had been ground up together. Some 
 was musty, and some was fresh. Sometimes it would be baked a good while 
 before it was used, and it would not be fit to eat, and would crumble to pieces. 
 The bacon was pretty good, generally, but nowise clean, but hungry men were 
 forced to eat it or nothing. I messed at the camp where I staid, right opposite 
 the depot. We staid there from the 2d of December until Christmas. At 
 Christmas we moved over to the depot. All that worked with me messed there. 
 By the Court : 
 
 I did not get those provisions from the storehouse at the depot. They were 
 cooked at the bake-house and brought up in wagons. Sometimes they would 
 be brought up in the daytime and put in the storehouse, and taken out to the 
 trains at night, when the men were going away. There was a large quantity of 
 
TKIAL OF HENRY WIRZ, 181 
 
 provisions in the storeliouse at that time. The storehouse was, I think, about 
 250 feet long and thirty feet wide. The}' would bring the provisions there 
 every day. 
 
 By the Counsel : 
 I know those in the stockade were deprived of rations, because I would go 
 in there and see them, and they told me they had nothing to eat for a week ; all 
 I know about the matter is what I was told. I do not state the facts of my own 
 knowledge. 
 
 By the Judge Advocate : 
 Tlie soldiers who were being sent away were our prisoners, moving from 
 'Andersonville to Millen, I believe. 
 
 VACCINATION. 
 
 By the Coukt : 
 
 I remember the words Captain Wirz used when the surgeons were examining 
 the men who had died from the sores on their arms. He said, "God-damn Ihem, 
 we have given them the land that they came out htie to fight for." The doctors 
 said it was the effect of that inoculation ; that was all they said. 
 By Counsel : 
 
 They were there talking about the matter ; one of the surgeons was looking 
 at these places on the bodies and said, " This is a shocking complaint," and 
 Captain Wirz said, ''Yes, God-damn them, we are giving them the land they 
 came out here to fight for." ., ^ 
 
 counsel for the accused asks that the court reject certain testi- 
 mony. 
 
 Upon the meeting of the court on the 26th of September, Mr. Baker asked the 
 court to reject much of the testimony taken yesterday, saying that two-thirds of it 
 was of such a character that it would be struck out on a motion before a civil 
 court ; but as nothing was struck out of the proceedings here, he asked the court 
 to reject it. 
 
 The Assistant Judge Advocate asked that counsel should state the reason 
 for his objecting to the testimony. 
 
 Mr. Baker. One reason is, that there are several places in the examination 
 where the judge advocate asked questions direct, which the witness answered 
 by "yes" or "no." Another reason is that the witnesses, after replying to the 
 questions of the judge advocate, would then add rumors and hearsays, having 
 nothing to do legally with the prisoner at the bar. And the third reason is that 
 a good deal of yesterday's testimony would not apply to,any particular acts with 
 which the prisoner is charged. 
 
 The Assistant Judge Advocate. It is presumed that a court convened to 
 try a case like this is able to judge what is evidence and what is not. 
 
 Mr. Baker. It is also presumed that a counsel for the defence is able to judge 
 and complain. I only exercise the same right that I would in a court of law; , 
 however, I will not insist on it now. 
 
 September 6, 1866. 
 
 Joseph Adler, for the prosecution : 
 
 I was in the military service of the United States two years and nine months ; 
 I was a prisoner at Andersonville ; I was there from about the middle of March 
 to the 8th of September, 1864 ; I know Captain Wirz ; when 1 was captured 
 there were seventy-one of us, including a young negro boy ; all that is left is 
 about a dozen out of the seventy-one. 
 
182 TRIAL OF HENRY WIRZ. 
 
 TREATMENT OF THE SICK. 
 
 I was part of the time in the hospital in the capacity of nurse ; I cannot state 
 exactly how long ; I think it was two or three months ; I went into the hospital 
 in the month of June, and came out of there about three or four weeks before 
 we left Andersonville ; I left Andersonville on the 8th of September ; while there 
 I had opportunities of observing, from time to time, what was going on outside 
 the stockade; I should judge the sick were treated pretty badly ; the majority 
 of the sick men had to lie on the bare ground ; the majority of them had no 
 blankets ; they had nothing to lie on and nothing to cover themselves with ; they 
 had hardly any clothing to cover their bodies with, and most of the time the foo(^ 
 furnished them was unfit for them to eat, and consequently they had to go with- 
 out anything to eat. It rained twenty-four days in June, if I am not mistaken ; 
 I know it rained twenty days in succession ; at that time there were about 200 
 men lying out under the open sky without any shelter whatever, without any 
 bedding or blankets, and some of them had nothing on but a shirt and a pair of 
 drawers, and there was no medicine at the time to be given them, and they had 
 no attendance whatever ; they had only a little water, and all they had to eat was 
 a little corn-bread and rice soup, that I would not give to a dog. I do not re- 
 collect ever seeing Captain Wirz strike or kick any of the sick or anything of 
 that kind ; I have heard him use very abusive and insulting language. 
 
 STOPPAGE OF RATIONS. 
 
 Captain Wirz took command there in the latter part of March or the beginning 
 of April, 1864. The first day he went in the stockade he said he had to muster us 
 all, to divide us into squads, detachments, and divisions, and that if he did not get 
 through by one or two o'clock in the afternoon we would get no rations that day ; 
 he did not get through, and consequently we had to go without anything to eat. 
 I do not think it was anybody's fault that we did not get through ; it was im- 
 possible to get through all the work in the time specified, and no reasonable man 
 would have thought that it could be done. 
 
 TREATMENT OF THE DBAD. 
 
 I lost a friend while I was attending the hospital there. I made a request of 
 Captain Wirz on that occasion. There was a man by the name of Stevenson, 
 who belonged to the second Massachusetts cavalry, company A, the same com- 
 pany that I belonged to. He died there. He had respectable clothes on, and 
 seeing that he was a friend of mine whom I had known for a long time, I did 
 not, as I usually did, take off his clothes and give them to the living, but I left 
 them all on his body, and requested Captain Wirz to let the clothes remain on 
 the body, and he told me he would ; after the body was carried out of the hos- 
 pital, Captain Wirz went with the wagon, and two confederate soldiers took the 
 clothes off the man and they buried him stark naked, without anything, not even 
 a shirt on his body. Captain Wirz did not make use of any expressions at that 
 time, that I can recollect. 
 
 MEN BITTEN BY THE DOGS. 
 
 I know about the use of dogs at the prison. 
 
 One morning I carried up a paper to Dr. White; it was a request of a patient 
 in my ward to see one of his friends in the stockade. I got permission from the 
 ofScer of the day to take it to Dr. White, who was standing with the confederate 
 officers and privates all in a group. 
 
 I went over there and found Dr. White there and handed him over the written 
 
TEIAL OF HENRY WIEZ. 183 
 
 request, and as I came there I saw a man lying on the ground ; his clothes were 
 literally and practically all torn to pieces, and you could see the marks of the 
 teeth of the dogs right in his throat all over, and the blood was running and he 
 was almost dead. He was not torn in any other parts of the body that I know 
 of; I know that his clothes were all in rags, all torn to pieces. I don't know 
 if his body was hurt in any other part or not. Captain Wirz, Dr. White, Dr. 
 Stevenson, Humes, and several others were there. They were all talking about 
 it, and they did not seem by the way they spoke to have any compassion on 
 the man at all. I heard Captain Wirz make the remark that it served the damned 
 dog right, meaning of course the man lying on the ground. That man died the 
 same day. He never was brought to the hospital. He died right on the spot. 
 1 cannot tell what date that was ; I think it was in the latter part of June or the 
 beginning of July, 1S64. I had not been a long time in the hospital whenitj 
 took place. He died right on the spot. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 I heard complaints made to Captain Wirz with regard to the condition of the 
 rations and other things. Before I was detailed to go into the hospital, I went 
 to see a friend of mine who was in another part of the stockade. He was almost 
 dead with diarrhoea, in fact so weak that he could hardly get up alone, fle 
 had very little clothes on, only a shirt and a pair of drawers, and he had to lie 
 on the ground with his drawers down. He was not able to go to the place where 
 we went to do our business. I and seven other persons had dug a tunnel in / 
 order to make our escape if we could. There was another man, a Union pris- 
 oner, who had found out that we had dug the tunnel and were ready to start that 
 evening ; he went to Captain Wirz and told Wirz if he would give him some- 
 thing to eat he would tell him some good news. The captain said he would, 
 and then he told the captain. The captain came in with six confederate sol- 
 diers and iilled up the tunnel. After the tunnel was filled uphe went out of the 
 stockade and came right back again on a gray horse. He had a loaf of corn- 
 bread in his hand, and as he went past the sick man that 1 was with the sick 
 man saw him and got up as well as he could and said, " Captain, please give me 
 something to eat, a piece of that bread ; I am hungry ; I have had nothing to eat 
 for two days ; I was too sick to go and get my rations, and there was no one to 
 get them for me." The captain had a little riding whip in his hand, but the 
 end of it was rather thick, and he turned round and struck the man over the 
 head with it. The man fell right on the ground and swooned away, and it was 
 an hour before he came to himself again. The next day he was carried to the 
 hospital, and two days after I heard he was dead. Afterwards, when I was 
 detailed in the hospital, I tried to find him out but could not. I was told he 
 was dead. "^ 
 
 THE STOCKS. 
 
 I saw men in the stocks. I know of one man who was lying senseless in the 
 stocks for three hours before they would take him out. Captain Wirz was 
 nowhere to be found. The order was to leave him in till Captain Wirz ordered 
 him taken out. The captain was nowhere to be found, and the guards did not 
 dare to take him out, and he lay five or six hours in the stocks senseless until 
 Wirz came and they took him out. He was in there for trying to make his 
 escape. 
 
 PRISONERS SHOT BY WIRZ'S- ORDER. 
 
 I heard Captain Wirz give orders to the guards in regard to the dead-line. 
 One day I went down to the brook to wash myself all over. The dead-line 
 which crosses the brook was torn down, and there were two or three men reach- 
 
184 TKIAL OF HENRY WIRZ. 
 
 -ing out in order to get some good water, because the water was rotten, filthy 
 ' muddy, and greasy. Captain Wirz was at the sentry-box with the sentry look- 
 ing over the stockade, and as he saw the mr n just dipping their hands a little 
 beyond, inside the dead-line, he asked the sentry why he did not shoot that man ; 
 he was over the dead-line ; no matter whether his whole body was over the dead- 
 line, or only part of it, it was his business to shoot him, and if he did not shoot 
 , jiim he would have him punished. The sentry put up his musket, aimed at the 
 man, and shot him right in the right breast. The man fell into the water, and 
 we dragged him out and took him up to his quarters. That was some time in 
 the month of July, 1864, I don't know what day. I am certain I recognized 
 Captain Wirz by the sentry. I heard his voice ; I do not know what the result 
 of the wound was. The man was taken to the hospital, and that was the last 
 I saw of him. The ball entered the right breast. I do not know if it passed 
 through him. I do not recollect young Brown of a Pennsylvania regiment. 
 There were other persons witnessing that occurrence. I know of other in- 
 stances of shooting by sentries. There was a man by the name of " Chicka- 
 mauga," a cripple. I saw that occurrence. The man went inside of the dead- 
 line. He was a kind of idiot ; he had not his senses at all and the boys teased 
 him a good deal. He went to Captain Wirz and asked Wirz to let him go out 
 of the stockade because the boys teased him so. Captain Wirz would not let 
 him, so he went inside the dead-line and some of us tried to get him out of it by 
 speaking to him, but he would not come and we dared not go inside because we 
 were afraid we would be shot too. Captain Wirz ordered the sentry to shoot at 
 " Ohickamauga." The sentry hallooed to him first and told " Chickamauga" 
 to go outside of the dead-line ; that if he would not go out he was obliged to shoot 
 him, and "Chickamauga" would not go out and then Captain Wirz talked up 
 to the sentry and asked him what he talked so much for, why he did not take 
 his musket at once and shoot the man down, so he took his musket at once and 
 shot the man down dead. It was about six weeks after I went into the stock- 
 ade, after I went to Andersonville. I cannot state exactly what time it was, 
 because sometimes we would not know one date from another there. 
 
 PETITION OF THE PRISONERS FOR EXCHANGE. 
 
 Captain Wirz was petitioned. There was a number of us — I had no hand 
 in it — made up a petition and sent it to headquarters in order to send and make 
 representations to our government to have us exchanged. General Winder pro- 
 mised that the petition should be sent off, and afterwards when it came into the 
 hands of Wirz, that was the last we ever heard of it. I do not know what 
 Wirz himself said to the petitioners, because I did not go with them to hand 
 over the petition. 
 
 TREATMENT OF THE SICK. 
 
 Cross-examined by Counsel. 
 There were beds and bedding in that hospital. There were about two dozen 
 for the whole hospital. There was only one ward which had bedding, the others 
 had not when I entered the hospital. I mean the whole hospital. There was 
 about a dozen beds in the whole Andersonville hospital. This was in tlie month 
 of June. It was before the hospital was enlarged. That was the hospital out- 
 side the stockade. I do not know whether there were any more in it after the 
 hospital was enlarged I was in it after it was enlarged. I cannot state the 
 date, 1 think it was the latter part of August. I believe they commenced to en- 
 large the hospital about the first of August. I am not positive on the subject 
 at all. I could not be positive about it at all, because I hardly ever went out- 
 side of my ward. I had enough work to do to attend to my patients. I was 
 in the fourth ward. The greatest number at any one time in that ward was 
 
TRIAL OF HENRY WIRZ. 185 
 
 seventy-five or a hundred. It was an ordinary sized ward. The ward was full 
 then ; it was what I call crammed full ; sometimes they had to lie out in the 
 street. The ward would accommodate comfortably about fifty or sixty. The 
 hospital was in a crowded condition all the time I was there. There were some- 
 times more sick than could be got in any way. There was one time when we 
 had about two hundred lying in the main street. We could not find any shel- 
 ter for them at all. That was when I first went into the hospital. That was 
 in June. That was some time before the hospital was enlarged. I do not know 
 whether those people could have been put under any shelter or not. I did not 
 see any place where they could be put. It was in consequence of their lying 
 there that they died so very rapidly. I suppose the rain had great efiect on 
 them. Dr. White was in charge there. None of the men in my ward had a 
 bed to lie on. They lay on the bare ground. The hospital had no flooring 
 at all. It had a board fence around it. The covering was canvas tents, but 
 they were not in a good condition. The hospital was not made continuously 
 like a large room. It was not like our hospitals. They were A tents, four or 
 five patients in a tent. The sides of the tents were all open. Sometimes if it 
 was a good tent we could pin it down, if it was a bad tent it would not hold the 
 pins and the wind would blow it open all the time. Very few of the tents were 
 good. There were very few that could have the sides down to protect the pa- 
 tients. The sun would shine in on them sometimes. They could let the tents 
 down in front, but when the sides were closed too, it would be too hot, suifocat- 
 ing. When it rained the ground where the flooring would have been would be 
 wet and muddy. It was about the same all through the hospital. Sometimes 
 we had no medicines at all. In June, I think it was, we had no medicines for 
 as long as fifteen or twenty days ; we had nothing else but a little corn whiskey. 
 We had no medicine at all. I know there was no medicine inside the hospital. 
 Whether they had it at headquarters I cannot say. Every morning there were 
 requisitions made out for medicines, but we never received any. I saw them 
 made out by the physician attending. Those requisitions were not filled. In 
 the months of June and July the attendants were rather scarce for about two 
 weeks, but afterwards we had enough of them. It was when a great many were 
 pushed in that there was a lack of attendants. The only benefit we derived 
 from the hospital being enlarged was, that there was a little more space for those 
 who could walk about, to walk about in. I did not see any improvement in 
 any other respect. The enlargement was the same as I have described the hos 
 pital. Some of the tents were a little better and some still worse. Generally 
 speaking it was about the same. It was made about as large again as it was. It 
 was immediately filled up as soon as it was enlarged. There was no space kept 
 empty for any length of time, only the street. 
 
 By the Court : 
 The hospital was simply an enclosure with tents in it. There was a dead- 
 house inside of it. The dead-house was a kind of shanty, made out of lumber, 
 to put the dead men in. That was the only building there. The dead-house 
 was about twenty-five feet long and about twelve feet wide. It had a board 
 floor. It was a regular building, I believe that the sides instead of being made 
 out of boards, were of canvas. I am not positive on that subject though, I can- 
 not give the dimensions of the hospital enclosure, I have no idea how much 
 ground it covered. 
 
 By Counsel : 
 I said that, of seventy-one men captured with me, there are only twelve living. 
 About fifty of them died at Andersonville. 
 
186 TRIAL OF HENKY WIEZ, 
 
 STOPPAGE OF RATIONS. 
 
 Captain Wirz would divide the prisoners off into squads of ninety, and ap- 
 point a sergeant for each squad. He had several assisting him to divide the 
 prisoners ; confederate sergeants. At that time there were between three and 
 four thousand prisoners. This was in April, 1864. They were kind of divided 
 off in that way before, but there was not quite as much system about it. It 
 took him two days to go through that aiTangement, I believe. He worked at 
 it continuously, all day. He did not neglect or lose any time in doing it. They 
 had rations the day before he commenced numbering them in that way. They 
 drew rations for one day. It would be a pretty hard matter for me to judge 
 whether it would be possible for him to draw rations while he was arranging them, 
 because I was not outside ; but I take it he could. He could know how many 
 rations to draw, as the prisoners had been counted the day before. He had 
 just taken charge. He could have made a rough estimate of the number. The 
 officer who turned the command over to him was responsible for the number. 
 We did not get our rations for four or five hours after he was through with us. 
 The same man brought the rations that brought them in all the time. 
 
 TREATMENT OF THE DEAD. 
 
 I never saw Captain Wirz strip any one, personally, not with his own hands, 
 but just as good as if he did it with his own hands. He was present when it was 
 done. 
 
 MEN BITTEN BY THE DOGS. 
 
 It was shortly after I came to the hospital that I saw the man who was said 
 to have been torn by dogs. I cannot say the date. I went to the hospital 
 in June. We did not know one day from another there. I think it was about 
 the middle of June. It was three or four weeks after that that I saw the man 
 who had been torn by the dogs. I think it was in the beginning of July. I 
 have related everything that I can remember about that occurrence. I said that 
 by the way the Captain spoke, I could see that he had no compassion for the 
 man. I did not say the words he spoke ; I meant the way all of them spoke. 
 They were talking to each other. I can tell the language they used. Captain 
 Wirz said to Dr. White, that it was perfectly right-; that it served the man right; 
 that he had no business to make his escape, and that he would not care if all 
 the damned Yankees in the stockade could be served the same way as that man, 
 as he wanted to get rid of them. I do not recollect the answer of Dr. White. 
 I do not recollect the words said by either of the others. They were all talking 
 together. I handed the note to Dr. White, and he stepped to one side to read 
 it and gave me the answer, and I went right back. I had hardly time to listen 
 to what the conversation amounted to. I looked at the man lying on the ground 
 and was sorry for him. I could not bear the sight. I was there about ten 
 minutes. I took a careful look at the man lying on the ground. I did not ex- 
 amine the wounds. It was plainly to be seen that he had been torn. I did not 
 examine him ; I looked at him carefully, and saw how he was mangled. I 
 only heard the words of Captain Wirz. It would not take a minute to speak 
 those words. The horrible condition the man was in was enough to engage my 
 attention away from anything else that was passing around me. 
 
 TUNNELLING OUT. 
 
 It was in May that I attempted tunnelling out of the stockade. It was about 
 the middle of May, I guess. The way we worked at it was this : We dug a 
 well first, about twelve feet under ground, large enough for two or three men to 
 stand in ; then we went to work on one side of the well and commenced to dig 
 
TRIAL OF HENRY WIRZ. 187 
 
 a hole in the ground until we got outside of the stockade. I believe it was the 
 latter part of April when we commenced at it. We got done about the middle of 
 May — we got it all completed and were ready to go out through it. We 
 hauled the sand up in haversacks ; and every time we had a haversack full, one 
 of the boys would go out and spread it in different parts of the stockade, so that 
 it would not be noticed. We dug it with our hands, sticks, an old knife, and 
 anything else we could lay our hands on. We had no shovels. Once in a while 
 we would be allowed a shovel for a little time. I never asked the reason why 
 we did not get shovels. I do not know the reason. I do not know that it was 
 because we were constantly tunnelling there. 
 
 September 6, 1865. 
 William Henry Jennings, (colored,) for the prosecution : 
 I was in the military service of the United States ; in the 8th United States 
 colored troops. I was captured at Olustee, Florida ; I was wounded there 
 through the legs. I was at Andersonville as a prisoner nearly a year. I was 
 taken in February, 1864. I saw Captain Wirz while I was at Andersonville. 
 When I got off the cars I saw him. We were taken up to his quarters, and 
 then sent to the stockade. 
 
 TREATMENT OP UNITED STATES COLORED SOLDIERS AT ANDERSONVILLE. 
 
 I was placed on duty about a month after I was put in the stockade. I was 
 set to digging a ditch outside the stockade. My wound was then bleeding. I 
 was wounded through the thigh of the left leg. I received no medical attend- 
 ance. My wound was not dressed while I was there. I was not employed at 
 the graveyard, nor had anything to do with the dead. I could not walk. 
 
 A NEGRO SOLDIER WHIPPED BY WIRZ'S ORDER. 
 
 I was whipped in March, 1864. I got thirty lashes by order of Captain 
 Wirz. I was whipped for not going to work one morning ; I was unable to do 
 so. I had caught a heavy cold, working in the water in the swamp. My 
 wound was just the same as when I had been wounded ; nothing had been done 
 for it. The lashes were ordered by Captain Wirz, and laid on by Turner, the 
 man who ran the hounds. The whipping had no effect on my wound. They 
 whipped me on my bare back. They made me bend over. Afterward they 
 took me and put me in the stocks. I was kept there a day and a night. I did 
 not get any food or drink while in the stocks. After that I was taken and put 
 back in the stockade. When I was taken down, I could not walk. I do not 
 know of any other instance of whipping, only what I have heard. I never 
 heard the rebel sergeant give any orders with regard to whipping. 
 
 MEN BITTEN BY THE DOGS. 
 
 I saw the hounds at Andersonville. When I wag in the hospital, I saw a 
 man come in, torn by the hounds. He was bitten by them from his feet up to 
 his head. He was bitten around the neck. He died shortly afterwards. I 
 cannot say how soon afterward. I saw him when he was carried out past our 
 tent. I know that it was the same person. I cannot recollect the month. T 
 cannot speak positively as to the season or the year. I- do not know how long 
 it was after I went to Andersonville. I cannot say how long it was after I was 
 set to work in the ditch. I think it was along in the fall. 1 cannot give any 
 reason for thinking so. I think it was about a month or two after I was whip- 
 ped. I was whipped in March. I don't remember what part of March. I was"] 
 in a great deal of pain and misery, and never took any notice of the time. I_j 
 was whipped the next day after I was brought out of the stockade and set to 
 
188 TfilAL OF HENRY WIEZ. 
 
 work. I was brought out about a month after I was put in. It was about a 
 month after that that this man came into the hospital with his neck and body 
 torn. I do not remember any other instance of that kind. I saw Captain Wirz 
 at the gate when the man was brought in. I did not hear him say anything 
 more than " put him in there;" that was in the hospital. I was in there at the 
 time. Captain Wirz ordered him to be put in the hospital. 
 
 VACCINATION. 
 
 I have seen some vaccination done there, and seen men who had lost their 
 arms. I was vaccinated. I did it myself. 
 
 TKEAT.MENT OF UNITED STATES COLORED SOLDIERS AT ANDERSOWILLE. 
 
 Cross-esamined by Counsel ; 
 I never had my wound dressed at all. It was not dressed when I was first 
 captured at Olustee, nothing more than putting cold water on it. It healed up. 
 Captain Wirz compelled me to go to work. He sent the guards in and got ns 
 out. A man named Joe Jackson was brought out at the same time. We did 
 not give our parole. He did not give us colored boys any parole at any time. 
 He let us go just where we could. If we were crippled we could not go about. 
 He never abused us in any way except the times he whipped us. 
 
 A negro soldier WHIPPED BY WIRZ'S ORDER. 
 
 I was whipped for not going to work. I told him I was not able to go to work. 
 Others did not refuse to go to work. They were able to go. They were not 
 wounded as badly as I was. Nothing but my wound prevented me. I was 
 kept in the stocks a day and a night. This was the next day after the whip- 
 ping. I did not use any language or anything of the kind. I do not know 
 when the stocks were built. I did not see anybody in them but myself. I am 
 sure it was in March I was whipped. 
 
 By the Court : 
 I did not hear Captain Wirz give the order that I should be whipped, but 
 the man who whipped me said that Captain Wirz gave him orders to whip me. 
 
 September 6, 1865. 
 
 Thomas N. Way, for the prosecution : 
 
 I was in the military service of the United States ; in Company I, first 
 Ohio volunteers. I was a prisoner at Andersonville. 1 was there altogether 
 eight months and thirteen days, from February 23, 1864, until September 7, 
 1864, and again from December 24, 1864, until January 19, 1865, when I made 
 my escape. 
 
 cruelties committed bv wirz. 
 
 I know Captain Wirz. I was in the stocks eight days. I was bucked and 
 gagged a day and a half I was tied up by the thumbs for fifteen minutes, 
 because I was sick and not able to fall into roll-call. All this was done by order 
 of Captain Wirz. I heard him give the orders. When I was tied up by the 
 thumbs, I was taken and held up with my arms elevated. A guard took me on 
 each side ; I could not stand myself. They tied my thumbs by strings and 
 then let me hang, with my feet some distance from the ground, the whole weight 
 of my body on my thumbs. I could not use my hands for two months afterwards. 
 That was in the last of July. I cannot give the exact date. I remember seeing 
 Captain Wirz at the time. One time, when I had been captured trying to get 
 away. Captain Wirz said, " Well, are you back here again ]" I said " I guess so." 
 
TKIA.L OF HENRY WIEZ. 189 
 
 He said, " I am going to take care of you this time ; I put you in the stocks for 
 four days." He sentenced me for four days, and I was put in the stocks. When 
 those four days were up I came baclsv He told the guard to carry me to the 
 stockade. I suppose I was full of a little devilment, and I said in a joke, '' I 
 am very much obliged to you, captain ; I would rather be carried than walk." 
 That made him a little mad, I suppose, and he said, " You God-damned Yankee 
 son of a bitch, I will put you in four days longer, and then if you give me any more 
 of your lip, I will shoot you, God damn you." He put me in the stocks again. 
 The effect of the stocks was very severe. I was laid on my back with my feet 
 and arms in the stocks, so that I could only move my head ; and my face was 
 right upward to the sun. It was in the latter part of December or the first part 
 of January, just before I made my last attempt to escape. I was four hours in 
 and one hour out during the twenty-four hours. That was the first and only 
 time I was put in the stocks. I never saw any other person than myself tied 
 up by the thumbs. I was bucked and gagged for being a little late for roll- 
 call, when Captain Wirz first took command of the camp. I don't know but 
 what I deserved it that morning a little while, but not quite as long as I got it. 
 When a man is bucked and gagged, he is set right down on the ground with 
 his legs drawn up and his arms around his knees. The pole is put right through 
 under the knees and above the arms at the elbows ; a stick is put in the mouth 
 as far back as they can ram it. A string is tied around the neck. The result 
 is you cannot speak. It is a pretty severe punishment. I have seen others 
 punished in that way. I have seen a hundred men or more punished in that 
 way. I have seen them punished in that way before the dead-line was put up. 
 At that time the prisoners had to go right up to the stockade for water. They 
 had always had the privilege to do so, but this time a patrol was sent around 
 inside with orders that every man caught inside certain stakes that were put up 
 should be brought to the gate and bucked and gagged for two hours. I saw 
 that carried into effect over a hundred times. 1 saw a case of beating by Cap- 
 tain Wirz. That was on the 7th of September. The man who was beaten 
 was a sick man who belonged to the Chickamauga forces. He could not find 
 his place. He wanted to get in with his boys. He ran to the head of the line. 
 Captain Wirz was counting the men off ; it made him pretty mad. He ran at 
 the man and called him the name which he generally used, " a God-damned son 
 of a bitch," and told him that if he didn't get into the ranks he would shoot 
 him with a pistol. He ran up and gave the man a shove and sent him, I suppose, 
 about fifteen feet. The man was not stout, and could not get up for about ten 
 minutes. That is the only case in which I saw Captain Wirz use his pistol. 
 I cannot say that I saw the guards maltreat the prisoners, under the orders of 
 Captain Wirz, except from what I was told. I was told by the guards at the 
 time. I asked the guard, " What did you shoot that man for 1 He was not 
 within two feet of the dead-line." He said that he had shot at another man and 
 killed this one. I asked him whose orders it was to shoot without halting men. 
 He said it was Captain Wirz's orders. 
 
 A PRISOXBB TORN TO PIECES BY THE DOGS. 
 
 I know of the use of hounds at Andersonville ; they caught me three times. 
 I remember about a soldier being torn to pieces by hounds. He was a young 
 man whose name I don't know. I knew him by the name of Fred. He was 
 about seventeen years old. When we heard the dogs coming, I and another 
 prisoner who was with me, being old hands, climbed a tree. He tried to do so, 
 but he had not got up when the hounds caught him by the foot and pulled him 
 down, and in less than three minutes he was torn all to atoms. Turner was 
 close behind. He got up just as the man was torn to pieces and secured the 
 iounds, and we came down. Fred died ; he was all torn to pieces. No other 
 
190 TRIAL OF HENEY WIRZ. 
 
 of onr number was torn at the same time. That occurred in the latter part of 
 August, 1864, just before we were moved from Andersonville, which was on 
 the 24th of August. Turner said, " It is. good for the son of a bitch ; I wish 
 they had torn you all three to pieces." I do not know by whose order he came 
 out there for us. I cannot say whether it was by order of Captain Wirz or the 
 general commanding the post. It was Turner who usually had the hounds. 
 He went by the name of Sergeant Turner. I believe he only captured me once. 
 A man by the name of Sergeant Harris captured me twice before. 
 
 A PBISONER SHOT BY WIBZ'S ORDER. 
 
 I can speak of such things as shooting men down inside the stockade ; I did 
 not see it done exactly in the presence of Captain Wirz, but he got on the stock- 
 ade and said, " If he don't get out of the stockade shoot him." It was in reference 
 to a one-legged man ; that was the " Chickamauga" case ; the man, as we sup- 
 posed inside the stockade, had been telling about our digging tunnels, reporting 
 it to Captain Wirz; on this Sunday — I cannot give the date, but it was a Sunday — 
 we chased him over the south gate of the stockade ; he ran inside the dead-line 
 and wished to see Captain Wirz ; if I remember rightly. Captain Wirz was sent 
 for by the sergeant at the gate ; he came down there, and would not take the 
 man outside, but told him to go inside or he would order the guard to shoot him. 
 Somebody, it sounded like Captain Wirz's voice, on the ground outside said, 
 " Don't parley with him; shoot the son of a bitch," and the man was shot right 
 here in the jaw and the ball passed down here, in the breast ; he died ; that is 
 the only instance that occurred there, I think, in which a one-legged man called 
 Chickamauga was shot. 
 
 THE CHAL\-G.\^'G. 
 
 I wore a ball and chain for twenty-five days, from the first part of July to 
 the first part of August ; there were five of us ; the other boys said that they 
 had been trying to get away ; so had I ; first, there was a big ball with five of us 
 taking hold of it ; then there was a little ball on the other foot ; afterwards more 
 came in, and they put one big ball to every four men ; afterwards we had a kind 
 of an iron band put around our necks, and a little chain attaching us together 
 by the necks to secure us better ; my punishment began with the ball and chain 
 and ended with the chain-gang ; I have seen men inside the stockade with the 
 ball and chain on them for trying to get away in some cases, and in others for 
 missing roll-call ; my offence was trying to get away. 
 
 CKUELTIRS COMMITTED BY WlliZ. 
 
 Cross-examined by Counsel : 
 
 The first punishment inflicted upon me at Andersonviile was the gagging ; I 
 cannot give the date ; it was in July ; the first part of July, before I went into 
 the stocks ; I think it was before the 10th ; the second punishment was being 
 tied up by the thumbs ; that was inflicted just afterwards; only a day or two 
 afterwards ; the ball and chain was the next punishment ; it was from the middle 
 of July until towards the middle of August ; I was attacked by the hoimds about 
 the 24th of August ; I was put in the stocks after that ; I remained in them 
 eight days ; I was put in the stocks two different times, four days each time ; 
 this occurred in the latter part of December, 1864, or the first part of January, 
 1865 ; that was all the punishment inflicted on me personally ; I was punished 
 for trying to get away three times, as it was told me ; I was not concerned in 
 the attempt to burrow and turn the guns on the guard ; I was not able ; I knew 
 of that attempt ; it occurred in July or the latter part of June ; it was in opera- 
 
TRIAL OF HENRY WIRZ 191 
 
 tion when I was gagged, so far as I could hear ; I did not belong to the party ; 
 I cannot name any one whom I know to have been engaged in it ; I knew them 
 by sight, but not by name ; I don't suppose I would recognize them now, for 
 they were almost skeletons then ; the hounds had chased me once before the 
 occasion, which I have described, when I took refuge up a tree. 
 
 (At this point, as the witness was sick, his examination was suspended.) 
 
 September 6, 1866. 
 
 D. H. Stearns, for the prosecution : 
 
 I have been in the military service of the United States ; in the 1st regiment 
 United States sharp-shooters ; I was in the Anderson ville prison; I got there 
 July 8, 1864 ; I was put in the stockade ; I remained in there one or two days ; 
 I was removed from the stockade and put in the hospital, to act as hospital 
 steward, which was my rank in the regiment. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw shots fired into the stockade from the sentinels' boxes occasionally, as 
 often as two or three times, perhaps, in a week ; the first day after I was in the 
 hospital I happened to be looking towards the stockade, when I saw the sentry 
 level his gun and fire into the stockade ; he rested his gun on the top of the 
 upright post of which the stockade was built ; he fired down into the stockade ; I 
 could not see the effect of the shot, because I could not see the stockade ; again in 
 the same week, two days afterwards, I saw a similar occurrence, and also several 
 times afterwards ; once or twice a week, perhaps, we would see some sentry fire at 
 some object inside the stockade ; one man was brought into the hospital who had 
 been wounded; he was shot somewhere in the breast by a sentry ; I should suppose 
 the musket was very near when it was discharged ; the wound had powder in it, 
 showing that the musket had been held near the man when discharged ; the man 
 died afterwards, I understood ; I did not see him die ; the first case I saw, I can- 
 not remember the date, was the one which I have described ; this was early in 
 August ; after that I saw four, I distinctly remember, who said they had been 
 wounded by the guard in the stockade ; I saw four men who had gunshot 
 wounds brought into the hospital ; it was said they were brought from the 
 stockade ; this was after August ; I understood there were more there ; I didn't 
 see them there ; there were more died in the hospital of gunshot wounds, but I 
 could not follow the same men perhaps who were brought in, because they did 
 not come into the part of the hospital where I was ; the wounded were taken to 
 another part of the hospital ; I saw one case of amputation resulting from gun.^ 
 shot wound ; I do not know the man's name ; I cannot give the date ; the man 
 was shot in the hospital by a sentry ; I cannot tell for what ; when I saw him 
 a few minutes after the shot was fired, he was lying near a fire which was about 
 twelve feet from the fence, and was shot in the thigh ; the thigh was fractured ; 
 he was shot in the night by one of the guards ; the limb was amputated the next 
 day ; the man died shortly afterwards ; the ground where I saw him was not 
 ground on which prisoners were forbidden to go ; this was the last of August or 
 the 1st of September ; I cannot say what the man s name was ; I cannot tell his 
 regiment. 
 
 THE CHAIN-GANG. 
 
 I saw the chain-gang ; I have seen from eight to twelve men at a time chained 
 together ; I saw them in July and August, almost daily, as I was passing from 
 the hospital to the dispensary for medicine. I noticed on one occasion a man 
 who was very feeble, scarcely able to stand ; the gang were walking at the time, 
 and those nearest him had to assist him in moving ; I cannot tell what became 
 of him; T was told he died; I do not know his name; it was in August, I 
 should think : I cannot tell certainly. 
 
192 TRIAL OF HENRY WIRZ. 
 
 THE DEAD-LINE. 
 
 ' There was a dead-line in the hospital; it was in front of the gate, only about 
 twenty feet long, extending beyond the gate. I beard General Winder order 
 this dead-line marked around there, and ordered that the guards should shoot 
 any man who passed over it. I never heard anybody else than General Winder 
 give orders in relation to the dead-line ; General Winder never gave any other 
 orders than what I have mentioned about the hospital that I heard of. None 
 of the Winders gave any orders about the hospital, that I can repeat. One 
 Captain Winder was in the hospital frequently, and I understood that he gave 
 orders, but I cannot tell what they were. 
 
 CONDITION OF THE PRI.SONERS I^■ THE HOSPITAL. 
 
 Some of the men brought to the hospital from the stockade were entirely 
 naked ; some had a shirt on, some a shirt and drawers, some with drawers 
 without a shirt; some of them appeared to have fallen into the mire that was in 
 the swamp in the stockade, and got their clothes saturated with the filth and 
 water, and were not yet dry. In one case, I remember, in August, a man was 
 brought in, and the maggots that inhabited the filth had got under his clothes, 
 and were between his body and clothes inside ; a large quantity of them had 
 collected under his clothes, and they had gone inside. They had attacked his 
 eyes, his nose, his ears, and the openings in his body ; they had penetrated the 
 rectum, causing the man excruciating pain, so much so that, although he was 
 much emaciated from disease, it caused him to get up after he had been in the 
 hospital a while and go round the hospital in exertion trying to relieve himself of 
 pain, until he was exhausted ; after three or four hours he died ; I could not learn 
 the man's name ; he was delirious. Among the patients brought into the hospital 
 from the stockade were very many delirious. I saw several other cases in which 
 men were afflicted similarly to this man with the vermin. Amputations were 
 frequently performed in the hospital ; the result of amputations there was almost 
 invariably death ; I do not remember of a single case of recovery after an opera- 
 tion. There were no beds in the hospital, but bunks were made in part of the 
 hospital ; they were made of boards put on poles, simply two or three boards 
 for a patient to lie on ; there were bunks in only a portion of the hospital ; more 
 were asked for on one occasion by me ; I several times asked the medical officer 
 if more could not be obtained, and was answered, that they did not know ; I 
 then asked if poles and boughs could not be procured, as wood was plenty around 
 there ; they told me in that case that the commandant. Captain Wirz, would not 
 allow the men to go out for that purpose. I asked Captain Wirz, myself, for 
 passes to permit the men, who had already given their parole not to attempt to 
 escape, to go outside the hospital for that purpose. He refused me, calling me 
 some one of his pet epithets, a God-damned Yankee son of a bitch, and told me 
 that, if I said anything more to him about it, he would take my pass away and 
 put me in the stockade. 
 
 VACCINATION. 
 
 I never saw the men vaccinated ; I have seen the effects of vaccination, or at 
 least they told me it was vaccination. The vaccine matter seemed to produce a 
 syphilitic sore of a very marked character, almost as distinct as the disease it- 
 self, as I had seen it. I remember only a few cases distinctly, but there were 
 more. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 I saw the prisoner. Captain Wirz, while I was there. I saw him when I first 
 arrived there. The first time I saw him, I heard some person cursing, and heard 
 
TRIAL OF HENRY WIRZ. 193 
 
 a blow ; I turned around and saw one of our prisoners who seemed to be recov- 
 ering from the effects of a blow. I saw the prisoner standing near him. I 
 should consider from the motion that he had struck the man, and the man was 
 recovering from the effects of the blow. Captain Wirz was still cursing him, 
 telling him that, if he did not stand up, and stand still, he would shoot him. 
 At that time, or soon after, another man had fallen out of the ranks, being una- 
 ble to stand from the effects of the heat, and Captain Wirz ordered him to get 
 up and get into the ranks. The man did not do so quickly, and Captain Wirz 
 ordered one of the guards to shoot him. The guard raised his musket, but the 
 man got back in the ranks. When he threatened to shoot his man if he did not 
 stand up in the ranks, he drew his revolver. I am certain that he used his right 
 hand, because if he had used his left 1 should have noticed it. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 Cross-examined by Counsel : 
 I never saw a man die from a gunshot wound in that hospital. I saw him 
 after he was dead, the man whom I saw shot. I never saw a man shot there. 
 I know he was shot because he had a gunshot wound. I cannot tell how early 
 in August this occurred. It may have been between the first and the tenth. I 
 am not certain. I know the man was shot in the hospital because I saw him a 
 fey moments afterwards with a gunshot wound. He was lying near a fire. 
 He had been recently injured and was bleeding yet. I don't remember that 
 anybody told me that he was shot. I did not see him shot. I heard the shot 
 fired. He may have been shot near the fire ; I don't know. 
 
 THE CHAIN-GANG. 
 
 It was during the fore part of August that I saw those men in the chain-gang. 
 I don't think I saw them after the tenth. I saw the chain-gang also in July, 
 after the tenth Sometimes they were the same men, but in different numbers. 
 I saw them nearly every day from some time about the 10th of July to the 10th 
 of August. They were near the southwest corner of the stockade, outside, not 
 near the hospital ; between the hospital and Captain Wirz's headquarters. I 
 have not heard the description of other witnesses as to where they were. I 
 have no means of knowing whether it was the same lot described by other wit- 
 nesses. I have noticed changes in the chain-gang ; a difference in the number. 
 I have seen as many as twelve, perhaps more. I cannot tell what day it was 
 that I saw twelve. 
 
 September 6, 1865. 
 
 Alexander Kennell, for the prosecution : 
 
 I was in the military service of the United States from September 26, 1862, 
 till June 24, 1865 ; in the 7th Ohio cavalry. I was a prisoner at Andersonville 
 from February 27, 1864, till September 7, 1864, and from December 25, 1864, 
 till AprU 19, 1865. 
 
 THE stocks. 
 
 I know the prisoner. Captain Wirz. I have seen men who were balled and 
 chained, and also men who were bucked and gagged by his orders ; I have seen 
 them put in the stocks. One special act which I know of occurred last February. 
 In that case a man was taken out of the stockade in the evening about 4 o'clock, 
 and kept in the stocks all night. He was turned into the stockade the next 
 morning at nine o'clock, and he died in less than eight hours. He died in the 
 Stockade. He was apparently as healthy as any of the prisoners in the stockade. 
 H. Ex. Doc. 23 13 
 
194 TRIAL OF HENRY WIRZ. 
 
 He was kept all night in the stocks, which were outside the stockade. It was 
 supposed that he died from the effects of the stocks. It was a very cold night. 
 I talked with him au hour before he died. He was impressed with the belief 
 that he was chilled to death that night in the stocks. He did not expect to live, 
 from his conversation. He did not eat anything after he came into the stockade. 
 He told me that he was kept in the stocks from the time he was taken out 
 until about 8 o'clock in the morning. He was chilled so thoroughly that he was 
 1^ insensible. I helped to carry him to the gate after he died. I did not know 
 £is name; I never inqOired it. He belonged to a Pennsylvania regiment. lam 
 certain that it occurred about the 15th of February, 1865. 
 
 THE CHAIN-GANG. 
 
 In one case I had a conversation with a man in the hospital who had been 
 taken out of the chain-gang, and I saw his body carried to the dead-house three 
 days after I had the conversation with him. He told me in that conversation 
 that he had not been able to walk since he had been taken out of the chain-gang. 
 He died in the hospital. That was in August, 1864. I cannot tell how long 
 after he had been taken from the chain-gang that he died. It was about the 
 13th of August when I had this conversation. The man was very much emaciated, 
 and was sore in the ankles where the ball had been put on. There were no other 
 marks on his person, that I saw. I can speak of no other instances, except of 
 men whom I have seen confined in the stocks for some time. 
 
 Cross-examined by Counsel : 
 The incident which I last described occurred about the 13th of August. I 
 saw the man in the chain-gang several times in July. I know that he had been 
 in the chain-gang. I had seen him there. I saw the chain-gang every day. 
 He died from being in the chain-gang. He did not describe to me being in the 
 chain-gang at any particular time. He only stated to me that he supposed he 
 would die from his sufferings in the chain-gang. I don't suppose he had been 
 in different times. The time I saw him in was in July. He did die in August 
 from what he suffered in the chain-gang. That is not what he told me. I saw 
 him after be was dead. When he told me that he expected to die from the ef- 
 fects of the chain-gang, he did not specify any time; he said that he expected to 
 die from the treatment he had received while in the chain-gang. I did not see 
 him in the chain-gang at any time, except in July. I saw him in the hospital 
 before he died. I saw him in the chain-gang from the 1st to about the 10th of 
 July, never after that. What he related to me is all I know of his having died 
 from being in the chain-gang. He had never been able to walk, he said, from 
 the time be had been in the chain-gang. 
 
 September 6, 1865. 
 
 William Willis Scott, for the prosecution : 
 
 I am in the military service of the United States ; in the 6th West Virginia 
 cavalry. I was a prisoner at Andersonville. I was captured June 26, 1864. 
 I remained at Lynchburg, I think, three weeks, and I arrived at Andersonville, 
 I think, the middle of August. 
 
 WIRZ BEATS A PRISONER WITH HIS REVOLVER, CAUSING HIS DEATH. 
 
 'Iknow Captain Wirz very well. I saw him commit acts of cruelty on prisoners. 
 In one case I was coming down after a bucket of water. I belonged away up 
 in what they called the new stockade on the north side. Captain Wirz was 
 coming in. A sick man was sitting on the side of the bank. He asked Captain 
 Wirz if he could get out ; Captain Wirz turned around, gave him a kind of sour 
 
TRIAL OF HENRY WIRZ. 195 
 
 look, and said, " Yes, God damn it, I will let you out," and with the revolver he 
 struck the fellow over the head and shoulders several times. The fellow went 
 to his tent then. On the third morning, I think, I made it my business to go 
 down and see him. He was dead. He had died the night before. I saw him. 
 1 suppose he died from the effects of the beating with the pistol. He was 
 pretty badly bruised around the head and face. I think he beat him with the 
 butt of the revolver which he had in his hand. I don't remember which hand 
 he used. He knocked the man down the first blow. I think this was about the 
 26th or 26th of August, 1864. I cannot give the man's name. I did not inquire 
 about that. I just came down to see if he was much the worse for his treat- , 
 ment, and I did not inquire any further. 
 
 WIBZ SHOOTS AT A PRISONER. 
 
 I saw Captain Wirz on one occasion coming in between the stockade and thel 
 dead-line ; one of his own guards was up above, and a stone or a brickbat, I 
 cannot tell which, was thrown down and hit Captain Wirz on the back. His 
 own guard threw it ; I saw the guard throw it. Captain Wirz wheeled around 
 on his horse and there was near him one of our prisoners coming out of his tent. 
 He shot and struck the man on the head. He made no inquiries before firing. 
 He never made any inquiries or looked. He just rode on. He cut off the skin 
 of the fellow's head along with some of the hair. He was only stunned a little ; 
 he got up and went into his tent. Captain Wirz did not make any inquiries at alL, 
 
 WIRZ BEATS A PRISONER WITH HIS REVOLVER, CAUSING HIS DEATH. 
 
 Cross-examined by Counsel : 
 I was coming down from my own shed. This fellow was standing on the 
 street, which they called the main street, when he asked Captain Wirz to let 
 him go to the hospital. I was near enough to hear what he said. I was just a 
 httle above him. There was not a crowd around him ; he was all alone. 
 
 By the Court : 
 I mean there was no crowd around him. There were other men over from 
 him. It was right up from the main gate, where the rations used to be brought 
 in — the north gate. 
 
 By Counsel : 
 
 I did not hear or see the men do anything. I suppose they were all waiting 
 to see Captain Wirz about something. He was just after coming in. 
 
 September 6, 1865. 
 
 L. S. Pond, for the prosecution : 
 
 I was in the military service of the United States ; in the second New York 
 heavy artillery. I was a prisoner at Andersonville. I was there about four 
 months — from the 28th of June, 1864. 
 
 PRIVATE PROPEETY TAKEN FROM PRISONERS. 
 
 I know Captain Wirz. I saw him at the time of my arrival. The first thing he 
 did was to order us into the ranks and count us off into "nineties," or he ordered 
 sergeants of our own men to count us off into "nineties " and take our names. 
 Then the prisoners were ordered to be searched for money or anything else they 
 had alDout them. The men were searched by confederates — sergeants or corpo- 
 rals, or lieutenants ; I could not tell what they were. I saw blankets taken 
 away from two or three men, whose names I took, and also two or three canteens. 
 
196 TEIAL OF HENEY WIRZ. 
 
 I saw Captain Wirz take the daguerreotype of a lady and two children, belonging 
 to a man of one of the Michigan regiments. He was captured at the same time 
 that I was, and was taken to Andersonville the same day. The man seemed to 
 try to hide the picture away from the guard ; but the oflScer searching him noticed 
 him trying to hide it, and mentioned it to Captain Wirz. Captain Wirz ordered 
 him to give it up, and he gave it up. Captain Wirz looked at it a moment, 
 threw it on the ground, and stamped his heel on it like that (imitating the ac- 
 tion.) I afterwards learned tl^ftt the man's wife was dead, and that the picture 
 was all he had to remember her by. He did not make a request to have the 
 picture given up to him. There was a daguerreotype taken from another young 
 man, the picture of a young lady. I think it was the lady he was waiting on. 
 They passed it around and looked at it. Some of them made very vulgar re- 
 marks about the picture, stating that they would like to sleep with the original, 
 and other remarks of that kind. The young man requested the picture to be 
 returned to him. One of the officers pulled a revolver out of his pocket, held 
 it up to the man's head, and said : " I'll give you that, you damned Yank." I 
 [suppose they appropriated the picture to their own use. It was not returned. 
 
 SHOOTI\G OF PRISONERS BY THE GUARDS. 
 
 'I saw a sentry on guard at the stockade fire at men near or within the dead- 
 line. I saw one man shot about the middle of July, ] 864 — from the 15th to the 
 30th. He was reaching under the dead-line for some water cleaner, than he 
 could get below it. The guard deliberately fired at him. He was knocked over 
 and partly floated in the water. The boys took him out. The sentry said : 
 " There goes for ten days' furlough." I do not know whether the sentry was 
 (relieved at the time or not. 
 
 MEN BITTEN BY THE DOGS. 
 
 I have seen prisoners torn by the bloodhounds. I saw two fellows dressed in 
 confederate clothes, and who had got out of the tunnel. They were men who 
 tented in the same part of the stockade with me. They had been out some 
 days and were set upon by bloodhounds. Their legs were torn, and one of 
 them was torn in the arms. I saw the men wounded in the legs and arms. I 
 was in the stockade when I saw them. They had been caught and brought in. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I was not there during the cold weather. I got out from the stockade some 
 time in the latter part of September or fore part of October. I was sergeant of 
 a "ninety." We called a division 270 men, a detachment 90, and a squad 30. 
 
 Three pieces of wood, four feet long, and perhaps two inches in diameter — 
 just as they came — was for 270 men for three days. I sent out a number of 
 men to the hospital, and I always bade them " good bye," never expecting to see 
 them again. That was proverbial among the soldiers there. 
 
 ACTS OK CRUELTY COMMITTED BY WIRZ. 
 
 r 
 
 'I saw the prisoner commit acts of cruelty towards sick men. He came into 
 the stockade one day, I think it was in the month of August; (I had a memor- 
 andum of every circumstance that happened, but I lost it ; I never tried to com- 
 mit them to memory.) The men were ordered to fall into ranks to be counted 
 off. We were playing what we used to call j' roots " with them. That is, we 
 used to go into three or four different squads If we could, so as to get an extra 
 ration. There was a very sick man there, who could not stand upon his limbs. 
 
TRIAL OF HENRY WIRZ 197 
 
 and Captain Wirz ordered him to fall in to be counted off. The man could not 
 fall in, and he told him bo. Captain Wirz kicked him three or four times, and 
 said: "I will learn a damned Yankee who tries to 'play roots' upon me." / 
 
 Cross-examined by Cou.\sel : 
 
 Captain Wirz never hurt me. I never heard him threaten any one except the' 
 man whom I saw him kick. J 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 By the Court : 
 
 I was not searched. I suppose I was a privileged character on account of my 
 taking command of a squad. Nothing was taken from me. 
 
 By Counsel : 
 I have designated these daguerreotypes, and I have seen blankets and canteens 
 taken. I think I saw three blankets taken, and two or three canteens. I saw 
 squads come in with canteens and knapsacks. They did not come in as fre- 
 quently with them as without them. I belonged to the army of the Potomac. 
 I did not belong to Stoneman's cavalry. 
 
 cruelties committed hy wirz. 
 
 September 6, 1865. 
 
 RuFus Mundy, for the prosecution : 
 
 I have been in the military service of the United States ; in the seventy- ' 
 fifth Ohio. I was captured on the 26th January, 1865 ; and about the 1st or 
 3d of Tebruary, I got to Andersonville. I know Captain Wirz. I saw him 
 commit acts of cruelty towards our prisoners. It was one day, about the 21st 
 of February, 1865. We used to borrow shovels to build our sheds. After a 
 hard rain the sand would wash and we would have to build them over again. 
 There was a shovel missing. Next morning we hauled up in line ; Captain Wirz 
 was there. There was one man who was sort of sick or weak — something was 
 the matter with him. He undertook to sit down and was a long time getting in 
 rank. Captain Wirz ordered him up, and picked up a piece of a brickbat 
 and threw it at the man, striking him alongside of the head, about the lower 
 part of the ear. The man keeled over. That was on the 22d of February, 
 1865. I also saw him kick a young man in March, of the same year. I did 
 know his name, but have forgotten it. 
 
 Counsel for the defence objected to the testimony and asked the judge 
 advocate to state to what charge and specifications this evidence referred: 
 
 The Judge Advocate stated that the prisoner was charged continuously, from 
 a pertain date to a certain date, with cruel treatment to prisoners. He is charged 
 with inflicting cruel, unusual, and infamous punishment, for slight and trivial 
 offences. 
 
 After deliberation, the objection was overruled, and the witness continue^ 
 
 About the tenth of March we were hauled up into line on account of one man 
 being missing, who had gone out for wood the morning before. We were all 
 hauled up in line to find out if that man had returned. Captain Wirz said that 
 if he could not be found he would stop our rations until the man returned. The 
 rations were stopped in my mess, and I think altogether in the 90, for two days. 
 I know that I had nothing nor had any of our sergeants anything. I was at- 
 tached to the third division, second hundred, third mess ; I was No. 23 in the 
 mess. This young man was sitting down ; he had been standing in the ranks 
 for probably an hour, and got tired and sat down. He was in the rear rank, 
 beside me; Captain Wirz told him to get up; I suppose the soldier did not hear 
 him ; and Captain Wirz came up and kicked him ; when the man got up he was 
 
198 TRIAL OF HENRY WIRZ. 
 
 bleeding very freely from the mouth or nose. I believe that soldier was sick. I 
 know he had been in his shed for several days. I saw the hounds at the prison. 
 1 never saw men who had been bitten by them. I heard complaints made to 
 Captain Wirz about our treatment there. Captain Wirz was in there one day 
 about the latter part of March, 1865. There was a great talk about our being 
 exchanged, and one of the men asked him if we would be soon exchanged, and 
 Captain Wirz told him there was no use of asking any questions. I believe I 
 have told all I know, all of any importance. 
 
 Mr. Baker called the attention of the court to the fact that the only specifi- 
 cation presented under the first charge is, that the accused subjected the prison- 
 ers " to cruel, unnatural and infamous punishments upon slight, trivial and ficti- 
 tious pretences, by fastening large balls of iron to their feet, and binding large 
 numbers of the prisoners aforesaid closely together with large chains around 
 their necks and feet," and he objected to evidence being given of other promis- 
 cuous acts. 
 
 The Court. That question has already been decided and the objection over- 
 ruled. 
 
 private property taken from prisoners. 
 
 September 6, 1865. 
 
 Abner a. Kellogg, for the prosecution : 
 
 I have been in the military service of the United States ; in the 40th Ohio 
 infantry ; was taken as a prisoner of war to Andersonville. I was there from 
 the 21st of May, 1864, to the 15th of November, 1864. I saw acts of cruelty 
 committed by Captain Wirz upon prisoners there. The first day we got there 
 we were taken to the headquarters and counted off in nineties. Some blankets 
 were taken from some of the boys, and canteens, pocket-books and watches. 
 They were taken into Captain Wirz's quarters. I do not know what became 
 of them afterwards; the men never got them back After standing four or five 
 hours in the sun we were put in the stockade. I was taken to tlie hospital in 
 September. 
 
 SHOOTING OF THE PRISONERS BY THE GUARDS. 
 
 I saw one man shot on the dead-line. The man was supposed to be crazy. 
 He crossed the line and was ordered back by the sentry. He did go back ; the 
 men commenced to halloo and scared him and he rushed back again, when the 
 sentry fired upon him. That was on the south side, I believe. That was not 
 the " Chickamauga" case. This was between the 5th and the 10th of July, I 
 believe. He was not attempting to escape. He did not know what he was 
 doing, I guess, from the looks of him. Some young man in the crowd asked the 
 guard why he shot that man, as he was crazy. The guard replied that he was 
 acting under orders. The young man asked him who gave those orders, and 
 the guard said Captain Wirz. 
 
 THE RATIONS. 
 
 I was in a crowd of five or six one day in June, 1864. It was in wet weather. 
 One of the young men showed Captain Wirz a ration of bread and asked him 
 if he expected men to live upon that ; Captain Wirz said that he did, that that 
 was what he gave it to them for. The man said that they could not stand it, 
 and asked him if he would not give them some soft meal bread, something to 
 
 ^ keep them alive. Captain Wirz replied, " it is good enough for any damned 
 
 -Yankee." 
 
TRIAL OF HENRY WIRZ. 199 
 
 TREATMENT OF THE SICK. 
 
 T saw one sick man carried up to the gate. He had a sore on his hack about 
 the size of the crown of my hat. It was full of maggots. He waited some 
 twenty-four hours at the gate to be carried out to the hospital. The sergeant 
 of the detachment to which he belonged asked Captain Wirz to have the man 
 removed to the hospital. Captain Wiiz said, " it isn't worth while, let him die 
 there;" and he died, lying there by the gate. That was in the month of August, 
 1864. 
 
 Counsel for the defence declined to cross-examine the witness. 
 
 September 6, 1865. 
 
 Sidney Smith, for the prosecution : 
 
 I was in the military service of the United States. I was in the 14th Con- 
 necticut when I was taken prisoner. I was taken to Andersonville. I was 
 there from the 23d of May, 1864, to the end of September, 1864. 
 
 CRUELTIES committed BY WIRZ. 
 
 I know Captain Wirz. On the 7th of September, 1864, I saw him knock a 
 man down with a revolver. I do not recollect in which hand he held the re- 
 volver. The soldier was taken back inside the stockade, and I never saw him 
 since. It was the day the prisoners were taken to Savannah. I belonged to 
 the 89th detachment, and tried to get out with some of the first ones, and went 
 outside for that purpose. I " flanked" out. There I heard this remark from 
 Captain Wirz, that the first flanker he would catch he would shoot him. A 
 flanker means a man going into a wroug detachment. This soldier who was 
 knocked down with a pistol was out there with a detachment to which he did 
 not belong. The roll was called and he was left out, his name not being on the 
 roll. Captain Wirz knocked him down and told him he was a flanker, and he 
 was sent back to the stockade. 
 
 COMPLAINTS MADE BY PRISONERS. 
 
 Complaints were made about our rations and treatment. I have signed one 
 letter myself, and sent it, stating that we suffered a great deal. It was dropped 
 in the letter-box. There was no notice taken of it. We never received any 
 answer. I never heard Captain Wirz make use of any language with reference 
 to it. I never spoke to him myself. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw prisoners who were shot by sentries. I have seen a man shot going 
 for water, leaning over the dead-line. I have seen the sentries fire, and I after- 
 wards saw the man carried from the place wounded. I have heard sentries say 
 that they got thirty days' furlough for shooting prisoners. My tent was rigEt^ 
 close by the dead-line, and I asked the sentry once if it were so, that they 
 got furlough for shooting men. He said yes, they got thirty days' fur- 
 lough. Almost every time a man was shot the sentry was relieved and 
 taken from his post. The corporal of the guard would come up and inquire 
 what the firing was about, and would bring another man and would relieve the 
 sentinel. I saw Captain Wirz at sick-call. I have seen him standing once at 
 the gate when the sick men were crowding and pushing at the dead-line. Cap- 
 tain Wirz said to one of the guards, "Give them the bayonet, the damned 
 Yankees." The sentinel did not charge bayonet on them. At that time I saw 
 
200 TEIAL OF HENEY WIKZ. 
 
 a sentry shoot one of the sick men at the gate. It was in August, 1864; I can- 
 not state the date. The sick men behind were pushing the men in front, and 
 some of them got over the dead-line. The sentinel stepped back one step and 
 aimed. One man thought the sentinel aimed at him, and he took the gun to 
 prevent him shooting him ; at the same time the sentry fired and split the man's 
 arm open, and at the same time hit another man in the hip. I did not see Cap- 
 tain Wirz there. No warnings was given to prisoners about the dead-line. On 
 the 23d of May we were drawn up in line in front of Captain Wirz's office, and 
 had to wait there for about three hours in the sun until he came to count us off. 
 All that time the rebel soldiers would not dare to give us water. We asked for 
 water, and they said they had orders not to give us any. Captain Wirz came 
 and made us fall in and counted us off in detachments. I never was told about 
 the dead-line, and when I saw it I thought it must be just a pleasure walk for 
 the prisoners to exercise in. I was not there half an hour before I was told 
 what it meant. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 Cross-examined by Cou?<sel : 
 There were in all, I think, one hundred and thirty-five detachments, perhaps 
 more. They commenced to be taken out four detachments at a time, the first, 
 second, third, and fourth. Every prisoner tried to get into one of the first de- 
 tachments, and they would mix themselves up in detachments going out. They 
 were called "flankers." This man, who was assaulted by Captain Wirz, was 
 one of those flankers. The flanking was done very often. I tried it myself, 
 but I took the hint and went back into the stockade, and was afraid to go out 
 again. When these detachments were going out there would be a large crowd 
 trying to get out, pushing and hauling and trying every way to get out. The 
 man was shot in the arm inside the stockade. The sick men were waiting at 
 the front gate to be taken out. It was a usual thing for these flankers to he 
 trying to get out. It was only this one time, when the men were going to get 
 exchanged, that the flankers tried to get out. Those men who were sent to the 
 hospital were carried in blankets, and they could not push. There was generally 
 a crowd at the gate when squads were going out for wood. Flankers would not 
 try to get out there. The men went out by detachments. The sergeant would 
 call the numbers and the men would step forward and march out. There would 
 be others attempting to get out at the same time, but they could not do it unless 
 there was a favorable chance. That was going on all the time there was a 
 favorable chance. 
 
 September 6, 1865. 
 
 Grottfeld Bkunner, for the prosecution : 
 
 I have been in the military service of the United States. I belonged to the 
 fourteenth Connecticut. I was a prisoner at Andersonville. I went there on the 
 22d of February, 1864, and stayed there till September, 1864. 
 
 cruelties committed by wirz. 
 
 I know Captain Wirz. I saw him commit acts of cruelty towards prisoners. 
 When I went to Andersonville Captain Wirz was not in command. I believe 
 a colonel of the twenty-sixth Alabama was in command, and we were treated 
 well. In the latter part of March Captain Wirz took command of the prison, 
 and from that time we were treated very badly. Captain Wirz came in every 
 morning and called the roll, and if one man was missing from a detachment, the 
 TBchole detachment was deprived of its rations until the man was found or ac- 
 [ counted for. One morning I was not able to stand up. Captain Wirz came into 
 my tent. I do not like to state the language he used. He pulled out his revolver 
 
TEIAL OP HENRY WIRZ. 201 
 
 at me and said, " Get up, you Yankee son of a bitch, or I will kill you right on 
 the spot." I said I would be better off if he would kill me. He took me by 
 the hand, threw me out of the tent, kicked me on the back, and made me go to 
 the roll-call. I was sick at the time. That was about the latter part of March^ 
 1864. I have seen men shot there, and I have seen men bucked and gaggea 
 there. I recollect the time that we did not get rations for three days, and 
 another time for two days. The first time was in April, and the second time in 
 May. I knew a man to be bucked and gagged for not being present at roll-call. 
 I don't recollect the date. It was done by Captain Wire's order. I know 
 nothing else. 
 
 A PRISONER SHOT BY WIRZ'S ORDER. 
 
 I have seen a cripple shot inside the line — the man they called " Ohicka- 
 mauga." Captain Wirz came into the stockade one afternoon ; Ohickamauga 
 stepped up to him and asked to be taken out ; Captain Wirz refused to allow 
 him to be taken out, and said, " If you don't go back into the line you will be 
 shot." Ohickamauga went into the line, and our own men were pulling him off 
 not to go in. The guard was pointing with a rifle to kill him ; Captain Wirz 
 ordered the sentry to fire at him. At first the guard would not. Captain Wirz 
 went outside of the stockade, and as soon as he went out the guard fired and killed 
 the man dead. I saw Captain Wirz afterwards at the sentry-box by the side of 
 the sentry who fired. I did not hear Captain Wirz make any remarks then ; I 
 heard him once make the remark that he had plenty of powder and lead to kill 
 Yankees. I do not recollect when he used that expression. The boys used to 
 go to the gate ; some ladies were standing at the gate who had come to see the 
 camp, and one of them asked what the Yankees came to fight them for. One of 
 our own men made a speech, so that the ladies began to get angry. Captain Wirz 
 came and said, " Get away, you Yankee sons of bitches ; I have plenty of powder 
 and lead to kill yon." The Chickamauga matter was about the latter part of 
 May. 
 
 Counsel for defence declined to cross-examine the witness. 
 
 private property taken from prisoners. 
 
 September 6, 1865. 
 
 Thomas H. Horne. for the prosecution : 
 
 I have been in the military service of the United States ; in the 102d New 
 York volunteers; I went to Andersonville on the twenty -ninth of July, 1864. 
 I saw Captain Wirz the day I arrived there. We had a thousand men, half of 
 those that were taken prisoners at Atlanta ; he addressed the men in the line, 
 and said that if they did not behave themselves he would shoot them on the spot. 
 The rebel sergeants took what they wanted from us, it made no difference what, 
 blankets, coats, and everything else. They took money and watches from men 
 and took blankets from some of them. I saw, the rebel sergeants give the money 
 and watches to Captain Wirz ; I stood close by Captain Wirz when he took 
 them, and that is the last the men ever heard of them so far as I know. They 
 took two or three small articles out of my knapsack ; I had five shirts on which 
 they did not take, and I had two ten-dollar bills in my mouth. They took a 
 case-knife from me, a fork and some note paper. The men had to take off their 
 knapsacks and haversacks and leave them on the ground to be opened ; there 
 was some one hundred dollars taken from a young man standing close by me. 
 I saw as many as three watches taken from men right by me. 
 
 condition of the prisoners in the stockade. 
 
 When I was first put into the stockade I tried to find a place to lie down, but 
 it was a pretty hard matter ; I went to two or three places, but it was of no use. 
 
202 TRIAL OF HENRY WIRZ. 
 
 One man said that I could not lie down there. Pretty soon I had to fight for 
 a place to lie down on. There was no room there, and they said we had no 
 business there. Of course I got a place after a while The men were perfect 
 skeletons where I lay. They were in the worst kind of a state, half naked, 
 filthy, lousy, too sick to get up ; I lay on the ground many a night when I 
 couldn't sleep ; sometimes on account of men around me groaning in agony. 
 When I would wake up in the morning I would see men dead all around me, 
 perfect skeletons. One man died and lay there so long that he could not be 
 taken out, and they had to bury him where he died. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 There were men shot there. There were a great many men crazy in there, 
 who got crazy by being exposed to the weather. I saw a crazy man go into 
 the dead-line and be shot. The ball took effect in his head ; that was in the 
 first part of October, 1864. I did not see Captain Wirz at the time. The man. 
 died. I saw another crazy man go inside the dead-line, and the guard fired at 
 Him and missed him. The ball did not hit any one else. That was in the same 
 month — October. T saw a man shot who had not touched the dead-line. It was 
 at the side where the brook came in ; it was on the hill, not near the spring. I 
 heard the shot and I went and saw the man dead ; he was dying when I got 
 there and he died before I left. He was not quite at the dead-line. Captain 
 Wirz was there ; I heard him say something to the sentry on guard. I did not 
 understand what it was, as I was not close enough to hear him. I have heard 
 as many as twenty or thirty shots, and have sometimes heard balls pass over 
 my head, in the months of August, September and October, 1864. 
 
 STOPPAGE OF RATIONS. 
 
 f Our rations were stopped once for three days because men could not attend 
 the roll-call. There were so many men sick lying in a helpless condition on 
 the ground starving there, who could not get to roll-call. The sick men's rations 
 were stopped. It made no difference whether they were sick or not ; it occur- 
 red twice that T know of, once for two days and once for three days. The first 
 time was about the middle of August, and the next time was in September. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 Cross-examined by Counsel : 
 I saw two silver watches and one gold watch taken from prisoners. I do not 
 know the man's name from whom the gold watch was taken. He was an ordi- 
 nary soldier. I do not know where they got those watches. All of the money 
 that was taken from them was greenbacks. Two thousand were taken prisoners 
 when I was taken. One-half got to Andersonville the day before the other half. 
 I did not lose anything except my fork and knife and note paper. They took 
 no clothes from me ; they took clothes from others ; I do not know from how 
 many. I saw clothes taken from as many as four or five in that squad. We 
 were all in a line to be searched before we were put in prison. Those clothes 
 that were taken away consisted of coats, blankets, and tents. All I recollect 
 seeing taken away were three watches, a hundred dollars, and clothing from four 
 men. These men stood close by me. 
 
 September 7, 1866. 
 Bernard Oorrigan, for the prosecution : 
 
 I have been in the military service of the United States ; in the second Ohio 
 regiment. I was taken prisoner. I was first taken to Richmond, then to Dan- 
 
TRIAL OF HENRY WIEZ. 203 
 
 ville, and then to Andersonville. I got there in May, 1864. I saw the prisoner 
 there. I saw him when we arrived at the railroad depot. He gave orders to 
 have the men fall in again at 3 o'clock to have lists of their names taken. 
 
 SHOOTING OP PRISONERS BY THE GUARDS. 
 
 I saw a federal prisoner shot at the south gate. I do not know his name. It 
 was in July, a few days after the men were hung. We were going up for medi- 
 cine in the morning. This man happened to have two tin cups in his hand. 
 Captain Wirz told the guard that if he did not keep the men back he would 
 punish him. The guard said he could not keep the men from crowding. Cap- 
 tain Wirz said, " You have a gun, and if you do not do as I tell you, I will take 
 you off and punish you." Captain Wirz turned his back and started off, and 
 the guard fired right among the crowd and shot this man. I never saw the man 
 again. The six men that I saw hung were the men they called raiders. I have 
 seen several shot around there, but I cannot recollect the dates. They were 
 shot in July and August. I saw five or six altogether. One was shot down 
 near the cook-house, where the stream comes out, and another at the opposite 
 side. The one T saw shot at the cook-house was a cripple, I suppose. He was 
 a man with one leg. The other was shot on the other side where the sink was, 
 at the lower end of the stream. The man's head was near the fence. He was 
 lying down when he got shot. He was not on the dead-line. His head was 
 right under the dead-line at the time he got shot. The guard just fired and shot 
 him and killed him. I do not know what the man was doing. I came up and 
 there was a whole crowd around him. That was some time in August. The 
 man died. He was hit somewhere about the shoulder. I know of two who 
 were shot at the hospital. It was in the month of August. I do not know what 
 they were shot for. They were washing clothes at the stream. One went on 
 the off' side and got shot. The other was shot on this side of the stream with a 
 pair of boots in his hand which he wanted to trade with the guard. I did not 
 see Captain Wirz at that time. Both men died. The men who shot them 
 were on guard there. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 Captain Wirz struck me for not answering my name ; they called me " Colli- ^ 
 gan" instead of " Corrigan;" my proper name is Corrigan ; he took me down to 
 the gate and tied me hand and foot, with a bar between my legs, for saying he 
 ought not to treat a prisoner so, when he hit me on the head with a revolver ; I 
 do not know what hand he used ; I know that he used both hands in tying me^ ,., 
 
 By the Court : 
 
 I mean to say that Captain Wirz tied me. 
 
 MEN BITTEN BY THE DOGS. 
 
 I saw one man who had been bitten by the dogs ; he looked pretty torn ; he 
 was torn in both legs and hands, and had a piece of his ear cut off; he was 
 carried to hospital next day ; I never saw him afterwards ; I do not know his 
 name; I think this was in May, 1864. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 Cross examined by Counsel : 
 I was taken to Andersonville in May, 1864 — about the 17th of May; I was 
 not alone; there were 1,000 or 1,500 of us together ; we were taken from the 
 railroad to the stockade ; we went from Danville to Andersonville ; it was in the 
 
204 TRIAL OF HENRY WIKZ. 
 
 month of July, 1864, that I saw the fii-at man shot— the latter part of July, after 
 the six men were hung ; there might have been a hundred or two hundred there 
 at the time ; I could not swear what crowd there was there ; I was hunting 
 medicine at the same time myself; I had the scurvy very bad ; they were not 
 pressing very bad at the gate ; they were all trying who could get out quickest ; 
 the guard every once in a while would tell them to stand back; they were all 
 trying to get through as quick as they could ; the guard was standing on the 
 ground ; the guards did not use their guns against us before they fired ; the 
 guard had his hand on the trigger ; he told them to stand back and shot ; there 
 were a few guards back at the gate ; this guard was through where the dead-line 
 was ; the other guards were not immediately up to the crowd ; some guards 
 stepped up there after the man was shot, and some three or four of our men took 
 hold of him and carried him out ; I saw Captain Wirz turn his back and go 
 away after giving the order at the time the man got shot ; he turned his back 
 before the man got shot ; his orders were if the men did not keep back to shoot, 
 and the guard did so ; when I saw the guard shoot the third man, I stood about 
 ten or fifteen yards off, over in a crowd of tents right near where the man was 
 shot ; I did not see anything of it till I heard the report of the guu ; I did not 
 see him before he was shot ; I saw where his head lay after he was shot ; I saw 
 the guard before and after I heard the gun fired ; I did not see Captain Wirz 
 there then ; I do not know what the man was shot for, only from what was told 
 me ; I could not certainly state what day in August it was ; it was about the 
 16th or 17th to the best of my opinion ; that is about as near as I can come to 
 it ; I do not know that it was the latter part of August ; I have giveij you my 
 opinion as far as I could ; it is only a rough guess. 
 
 THE HANGING OF THE RAIDERS. 
 
 I was present when the six men were hung ; I was convenient to that place ; 
 I had nothing to do with the trial of them ; I did not belong to that crowd ; 
 they were hung by our own men ; they were hung by Captain Wirz's order ; 
 they were brought in and hung ; one man broke the rope and thanked his Grod 
 that he was saved, but they took him up, put the rope on him again and hung 
 him ; I saw Captain Wirz and heard him when he brought them in ; the crowd 
 gathered up and was so big I could not say what he said ; I suppose he gave 
 them up to our own men to be hung ; I could not swear it, the crowd was very 
 great ; I did not see him commit any acts of violence upon them. 
 
 By the Court: . 
 I suppose he brought the men from the stocks ; they had been taken out three 
 or four days before ; that is what I heard about it ; some of the sergeants went 
 out, and there was a jury over them, and they were found guilty ; I don't know 
 whether they were tried outside the stockade or not ; I don't know from where 
 the rope came with which they were hung ; I guess it came from outside the 
 gate ; there were not many ropes inside. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 By the Counsel : 
 It was on the 17th of May that I was tied up ; I had been doing nothing ; it 
 was for not answering my name as " Colligan" instead of " Corrigan;" I never 
 gave any wrong name ; I suppose they took it down " Colligan ;" it was outside 
 the stockade when they were calling the men in by name ; it had nothing to do 
 with providing for the number of rations ; there was nothing at all about rations; 
 they were counting them by their names and passing them into the stockade. 
 
TRIAL OP HENRY WIRZ. 205 
 
 MEN BITTEN BY THE DOGS. 
 
 I did not see the man bitten by the dogs ; I saw him after he came into the 
 stockade ; he lay down by my tent and they took him out to the hospital next 
 morning ; if I had not known anything about the dogs, I would have supposed 
 that he was bitten by dogs ; a piece of his ear was cut off and his leg torn, and 
 his pants also torn, and his arm ; the man came to me and told me that he had 
 been bitten by the hounds ; that is the way I know he was bitten ; that is the 
 only way I know it, just from what he told me ; I could not be certain what 
 part of May it was ; I suppose it was the 14th or 15th of May. 
 
 By the Court : 
 I don't know whether the man died from the effects of the bite ; he was taken 
 to the hospital ; I never saw him from that hour ; I suppose he had escaped from 
 the hospital, because he told me he had escaped. 
 
 September 7, 1865. 
 
 John W. Case, for the prosecution: 
 
 I was in the service of the United States ; in the 47th New York regiment ; 
 I was a prisoner at Andersonville ; I arrived there about the 20th of August, 
 1864, and was put into the stockade; I remained there until the 17th of Sep- 
 tember, 1364. 
 
 THREATS OF WIRZ. 
 
 I saw the prisoner there ; he looked about as he does now, sick ; on the 17th 
 of September, those who were sick or wounded got an order, if they could get 
 to the depot without assistance within half an hour, to do so ; we were about to be 
 exchanged ; I could not get into the car with my crutches, the door was so low ; 
 Captain Wirz took his pistol and called to me, " you damned Yankee son of 
 a bitch, get in there or I will blow your l^-ains out ;" he used his right hand ; I 
 recollect that distinctly. 
 
 SHOOTING OP PRISONERS BY THE GUARDS. 
 
 I saw a man shot in the stockade the first night I arrived there — about 3 o'clock 
 in the morning ; I got out of my bunk, in the shed, and as I got out somebody 
 fired at me, and hit another man inside and killed him ; I do not know the man's 
 name ; I do not know what regiment he belonged to ; Captain Wirz was not 
 present at the time ; I was not within four feet of the dead-line when the shot 
 was fired ; the guard, I expect, was about twenty-five feet from me ; he said 
 something after he fired ; hehallooed, "Yank, I am going to shoot;" Isawanother 
 man shot there ; the next was a man who was lying asleep, pretty near the new 
 shed, on the north side of the stockade ; I do not know the man's name ; he was 
 a Swede, I believe ; no one there knew his name ; one of the sentries shot him ; 
 he was killed ; he was shot right through the head ; that was the last of August, 
 I think ; the sentinel said nothing that I heard. I saw a crazy man shot there ; 
 that was in August, I believe, about the next day, I reckon, after the last one ; 
 he was shot right in the breast; he died ; I did not know his name; he was 
 shot in the stockade behind the shed ; he was not on the dead-line ; he was about 
 ten or twelve feet from it, I reckon ; he was trying to build a fire when he was 
 shot; I saw others shot, but I do not know exactly where; I saw a man shot 
 who was pegging down the corners of his blanket ; on the north side of the 
 stockade ; I was on crutches and could not get round easily ; I do not know 
 whether he died or not ; he was hit right io the forehead ; when I saw him he 
 looked as if he was about •' gone up ;" I do not know his name ; I did not in- 
 
206 TKIAL OF HENRY WIEZ. 
 
 quire, I waa so disgusted ; it was a common occurrence shooting men ; every 
 night I could hear them hallooing " murder," all the time ; I have frequently 
 heard guns fired by the sentinels ; they used to get furloughs when they would 
 killaYank.ee; the sentinels said they got thirty days' furlough for killing a 
 Yankee ; if they did not kill him they did not get a furlough, I believe. 
 
 Cross-examined by Counsel : 
 ■^ I never knew of a sentinel getting a furlough for shooting a Yankee ; it was 
 never possible for me to know it; I know a person who does know it ; Mr. 
 Tipple, I believe, knows that to be a fact ; he is in Fulton county, New York, 
 unless he is here ; he is the gentleman who informed me ; I heard the sentry 
 say so myself; I heard' him say " we get a furlough for killing a Yankee, thirty 
 days ;" that is all I heard him say ; I never heard a sentry say that he had got 
 a furlough ; I only heard the common remark that when they shot a man they 
 got a thirty days' furlough for it ; that is all I know about it ; I was about three 
 feet from the fourth man I saw shot ; I saw the sentry when he fired at him ; it 
 was along in the afternoon, about 2 o'clock, I reckon ; 1 had no watch ; they 
 took what watches we had ; I did not say it was a common thing to see them 
 shooting Yankees in the night time ; I could not see them shooting in the dark, 
 but I would see the men next morning dead ; that was the best evidence ; I 
 could not see men shot at night, from where I was, but I know it was a fact ; 
 I heard the crack of the guns, and the next morning I saw them started to be 
 taken out ; I do not know they were shot by the guns I heard at night, but I 
 should judge they were ; it-was a very common occurrence in the night, more 
 g« than in the day time ; I should judge it was a good deal more so. 
 
 THREATS OF WIRZ. 
 
 Captain Wirz did not touch me ; he only threatened to blow my brains out ; 
 he did not do it ; I was wounded in the left foot and ankle, and was seven months 
 on crutches. 
 
 the supply of provisions in georgia in 1863-'4. 
 
 September 7, 1865. 
 
 Edward Richardson, for the prosecution : 
 
 I reside at Albany, Georgia ; I have lived there about twenty-three years ; 
 Albany is between forty and fifty miles from Anderaonville ; I was at Anderson- 
 ville in 1863; I have been there every year, more or less; I was there almost 
 every month in the year 1863 up to August; I do not think I was there after 
 August ; I saw storehouses at the Andersonville depot ; there was one belonging 
 to the railroad company and one to the government ; the government one was 150 
 to 200 feet long, 45 or 50 feet wide, and 45 or 50 feet high; provisions for the 
 soldiers, and for the prisoners, I believe, were stored in it ; I saw sometimes more 
 and sometimes less ; there seemed to be a good deal of provisions there ; there 
 were a good many to be fed there ; I never saw the storehouse empty ; I believe 
 there was a pretty good corn crop made in 1863 ; there was not much wheat ; 
 there were a good many sweet potatoes ; there was not much cotton made that 
 year ; in 1864 there was a good deal of wheat planted, but about the time it was 
 fit to be gathered, it rained for about two weeks and the wheat sprouted ; there 
 was very little of it fit to use ; in almost all southwestern Georgia there are 
 large plantations, and the planters raise vegetables only for their own use ; there 
 is no market to carry them to ; Albany is the largest place between Macon and 
 Tallahassee ; there is no market near Andersonville ; they used to send water- 
 melons and such from Albany to Andersonville ; there were no peaches in south- 
 western Georgia in 1864 ; they were all killed ; they sent some sweet potatoes' 
 from Albany to Andersonville; there were plenty of them in 1864, I believe. 
 
TRIAL OF HENEY WIKZ. 207 
 
 TREATMENT OP THE DEAD. 
 
 I was at the buTying ground at Andersonville several times — almost every time 
 I went there ; the trenches were dug about seven feet wide and two and one half 
 or three feet deep ; inside that they would dig another one, leaving a shoulder 
 of six or eight inches ; the bodies were laid lengthwise and then covered with 
 puncheons before the clay was put over them ; puncheons are pieces of logs split 
 out something like rails ; the atmosphere was not pure. I was there in June, 
 July, and August, and, I think, toward the latter end of May. 
 
 THE SUPPLY OF PROVISIONS IN GEORGIA IN 1863-4. 
 
 Cross-examined by Counsel : 
 
 I was inside of the government storehouse at the depot almost every time I 
 was at Andersonville. 1 must have gone there half a dozen times in the course 
 of two or three months. I do not think the storehouse was half full on an 
 average. There were bacon, sirup, and corn meal in it, I think. I may have 
 seen at one time forty or fifty barrels of sirup. I do not think it ever averaged 
 that number. I do not recollect that I was ever there when there were no bar- 
 rels of sirup. I do not know what proportion of the bacon was in hams. It 
 was in boxes, sometimes the boxes contained all "middlings" and sometimes all 
 " shoulders ;" the whole of it I designated as bacon. None of it was hung up 
 there, it was all in boxes. There may have been ten or twenty boxes of bacon. 
 They did not keep it there all the time. There was more or less of it shipped 
 every day. I cannot form any idea how many bags of meal there were. I had 
 no duty at all at Andersonville. I merely went up there from Albany, thinking 
 that I might see some of my friends there, but 1 never had a chance to see any. 
 The cars would get there about eleven and return at one, and I used to go up. 
 on the one train, and back on the same. Sweet potatoes are generally dug and 
 gathered for market the last of September and October. I have seen them dug 
 as early as the 4th of July. They are sometimes gathered in July, but only 
 for family purposes. I do not know that I ever saw any sweet potatoes at An- 
 dersonville. I never saw farmers taking them there for sale. I never saw any 
 vegetables there but watermelons, which used to be sent up from Albany. I 
 saw a car load sent up there. The confederate soldiers generally used to buy 
 them or get the most of them. There were none sent up for the prison that I 
 know of. I have no reason to believe so. I believe they were sent up there to 
 be sold. I believe the confederate soldiers bought them when they could get 
 them. The Union prisoners were in the stockade, except the few who were on 
 parole outside. They begin to cut the wheat the last of May or first of June, 
 but they do not get much to market till the fall. They shuck it up and put it 
 away till the fall. They do not get it to market before September. It was 
 brought in all the time at Albany. That was the tithing place where one-tenth 
 of all the produce was carried in. The farmers would carry in no more than 
 they were obliged to, to furnish that tithing. There was a large wheat crop 
 planted in 1864, but it rained so much that the wheat sprouted and the crop was 
 spoiled. It was not fit to use. It was consumed there. That is not much of 
 a wheat growing region. They generally buy their wheat in Tennessee and 
 upper Georgia. There was no wheat raised there to supply the army in 1863. 
 They had not begun to plant wheat there very much in 1862 and 1863. There 
 was no garden truck raised about there by planters except for their own use. 
 Most of them raised enough for their own home consumption. The people about 
 Albany generally had gardens of their own which they cultivated. They were 
 badly troubled for seed. The seed began to be very poor. Not much of what 
 they planted came up. We generally get our seed from the north to plant every 
 
208 TRIAL OF HENRY WIRZ. 
 
 spring. In all tliat section of the country we have been troubled on account of 
 not being able to get seed. We were not much troubled for hands. We used 
 colored people there. There was nothing raised in the neighborhood by which 
 Andersonville could be supplied in 1864. I never heard of a law against carry- 
 ing produce to Andersonville to sell. We were not allowed to dispose, without 
 restrictions, of what we raised. The planters could not do it. They had to sell 
 to the government at government prices. We were under that restriction. When 
 I wanted to buy wheat I got an order to buy it at government prices. I bought 
 fifteen bushels by weight, and it measured about twenty bushels. If any one 
 had market truck to sell he had to get an order from the quartermaster at that 
 point, and you could only buy it then for your own use. You could not buy 
 it to sell again. I never knew of anybody getting any order to carry it to An- 
 dersonville. 
 
 _ By the Court : 
 
 Southern Georgia is mostly a corn-growing country. They raise a large 
 amount of corn there. In 1864 there was a very good crop, more plentiful than 
 in previous years. I don't recollect much about 1863. We have always raised 
 enough for our own consumption. There are large plantations round there. The 
 country is not thickly inhabited. There was no difficulty in getting provisions 
 in the early part of 1864 ; not so much as afterwards. We used to get wheat 
 from upper Georgia and Tennessee. A great deal was shipped from there, and 
 also some from Kentucky, and carried down. Mauy of our planters there would 
 buy it. The scarcity commenced soon after the armies began to increase, when 
 the produce was almost all taken to Tennessee. From 1862 till the close of the 
 war, provisions grew scarce and high priced. 
 
 By CouN.SEL : 
 
 Some of the corn crop of 1864 was gathered as soon as it could be ; as early 
 as July. I have seen it sold in the field, gathered in the shuck and carried off 
 in sacks for the government. They were required to gather it as soon as it 
 would do. They would not gather it to lay by as early as that. They would 
 gather the crop for their own use along in September or October. In these early 
 months they would only gather enough to furnish their supply for the govern- 
 ment. 
 
 TREATMENT OF THE DEAD, 
 
 I expect it was the burying of the people there that made the atmosphere so 
 bad; I do not know anything else. I never saw any indecency in burying 
 prisoners there, only sometimes the bodies were rather offensive before they were 
 carried there. I saw them in the dead-house and they were rather offensive. I 
 do not know why they were kept so long. I was informed that those who died at 
 6 o'clock in the evening were carried out next morning. I saw that. The 
 graves are generally dug four or four and a half feet. While I was in the bury- 
 ing ground I heard no orders given to the men digging the trenches. I saw 
 them digging and saw them burying some. I did not hear any orders given 
 relative to the depth of the trenches. 
 
 September 7, 1865. 
 
 Charles T. Williams, for the prosecution : 
 
 I was in the first New Jersey cavalry. I arrived at Andersonville March 12, 
 1864, and remained in the stockade till August 30 of the same year. I was 
 then taken out to the hospital, and stayed there till March 25, 1865. Dr. White 
 was in charge of the hospital when I went there. Afterwards Dr. R. R. Steven- 
 son, after him Dr. Clayton. The treatment was better under Dr. Clayton. He 
 was post surgeon, and Dr. G. G. Roy had charge of the interior of the hospital. 
 The treatment was better under them. 
 
TRIAL OP HENRY WIRZ. 209 
 
 THE STOCKS. 
 
 I saw men in the stocks. I cannot tell by whose order. I have heard Cap- 
 tain Wirz order men into the stocks, and seen the sergeant on the way to put 
 them in. It was on March 25, 1865, when we were down to Captain Wirz's 
 headqiiarters, being about to arrive there. One of the men did not answer to 
 his name. Captain Wirz ordered the sergeant to go and put the man in the 
 stocks. His name was Darling. I don't know how long he remained in the 
 stocks. I never saw him afterwards. 
 
 THE CHAIN-GANG. 
 
 I have seen the chain-gang. I was in the stockade at the time, and was not 
 very near them. I dp not know why the men were put in the chain-gang. 
 
 THE DOGS. 
 
 I saw the hounds. They were used for tracking the men when they made 
 their escape. I saw men who had been caught by them. I have seen them 
 brought back by them. I never saw any men bitten by them. There was one 
 catch dog, and the others were what they call plantation dogs. The catch dog 
 was a sort of bull-dog, and the others were more of a hound. 
 
 THE RATIONS. 
 
 I was at Andersonville station three or four times. I was there in March, 
 1865, just before leaving, and also last December. Never prior to that. I saw 
 a storehouse there. I should judge it was about 125 feet long, and thirty or 
 thirty-five feet wide. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw men shot by the sentinels. I saw two men shot in the stockade, and 
 onein the hospital. I cannot give any exact date. I cannot tell what month it was ; 
 it was such a common occurrence that I never took the dates or months. I saw 
 one man shot at the south gate, as we called it, on the west side of the stockade, 
 the southwest corner, and I saw one man shot at the north side. This man 
 shot at the gate was a cripple ; they called him " Chickamauga." The next 
 case, the man, 1 don't know his name, was shot at the dead-line on the north 
 side of the stockade. I do not know in what month. The man was killed. 
 Captain Wirz was not present at the time the man was shot at the north side. I 
 did not hear anything said by the person who shot him as to why the man was 
 shot. He was shot because he reached over or under the dead-line to get a piece 
 of bread that lay there. He died. I saw one man shot in the hospital. He 
 went up to the fence to speak to the guard. He wanted to do some trading. 
 The guard fired at him. I do not know whether any one ordered the guard to 
 shoot. I don't know his name. He was a cripple afilicted with scurvy, who 
 had to go on crutches. He was killed. I do not remember the month in which 
 that occurred. I called Dr. Bates's attention to it at the time, and took, him 
 down and showed him the man. 
 
 THE SUPPLY OF VEGETABLES AT ANDERSONVILLE. 
 
 I saw vegetables brought to Andersonville. T saw vegetables brought there 
 by a man named Selman; he brought them inside the stockade, and sold them 
 to our men, and they retailed them out — sometimes very large quantities ; I 
 have seen three or four loads of watermelons come in in a day ; I have also seen 
 Irish potatoes, sweet potatoes, onions, radishes, turnips, green qorn, and some 
 green apples. 
 
 H. Ex. Doc. 23 14 
 
210 TRIAL OF HENRY WIRZ. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I saw goods which had been sent there by the Sanitary Commission. I have 
 seen some clothing sent by the Sanitary Commission. Some of those goods were 
 distributed to the hospital. I cannot exactly tell the month. Mr. Hunt, one of 
 our own men, drew the clothing for the third division of the hospital. I went 
 out with him to help him carry the clothing in. This was in 1864, I think; 
 the latter part of December, 1864, or the beginning of January, 1865. I can- 
 not tell how many were received. Quite a large quantity was in the storehouse 
 at the time. Very few were distributed that I saw. I cannot exactly tell the 
 number. I have seen confederate guards with blankets and with pants — sani- 
 tary pants. At the time when we drew this clothing, Mr. Dance, the man who 
 issued it, threw out five pairs of pants. Dr. Dillard came in and asked him if 
 he had many more of those pants left. Mr. Dance said, " No, there are only 
 three more left." Then Dr. Dillard said, " Don't issue any more of those pants ; 
 I will attend to them myself" So the pants were taken away, and we could 
 not get any for the third division. Those five that were thrown out were not 
 given to us. I was a steward in Dr. Bates's ward, th^ fifteenth ward, from the 
 latter part of August, 1864, till March 25, 1865. 
 
 THE STOCKS. 
 
 Cross-examined by Counsel : 
 I did not see the man Darling in the stocks. I saw him on his way to the 
 stocks with the sergeant, and I heard Captain Wirz give the order. I know 
 why he was sent to the stocks ; he was to come to our lines that day, and was 
 not present when his name was called. Afterwards, when he came down, I told 
 him his name had been called. He went up and reported to Captain Wirz that 
 he wanted to go away, and he ordered him to be put in the stocks. I do not 
 know whether he had been away anywhere where he ought not to have been. 
 He was allowed to run around there. He was at work outside cooking. I never 
 saw him afterward ; I went away that day. 
 
 THE DOGS. 
 
 When I said I saw men brought back by the hounds I meant that the hounds 
 had tracked them and caught them, and they were brought back. The men who 
 went with the hounds came back and the hounds with them. The hounds 
 caught the men who came back, because one of the men brought back was a 
 friend of mine, and he had been treed by them. I know only what he told me. 
 
 AUTHORITY OF WIRZ OVER THE HOSPITAL. 
 
 I saw Captain Wirz interfere with the hospital the time he ordered a man 
 named W. W. Crooker to be bucked. Dr. James thought that Captain Wirz 
 had no business to do it. Captain Wirz interfered with the business in the hos- 
 pital that diiy. That was in February, 1865, I think. Captain Wirz himself 
 did not use any personal violence on the man, no more than ordering him bucked. 
 That was enough. 
 
 THE SUPPLY OF VEGETABLES AT ANDERSONVILLE. 
 
 ' I have seen sacks of Irish potatoes there. I suppose there would be a bushel 
 or a bushel and a half in a sack. They were taken to the sutler tent inside, 
 kept by one of our own men. They were sold to him, and he retailed them out 
 to the men through the stockade. They were brought in by a confederate sutler 
 named Selman,.and sold to the Union sutler inside. I saw a wagon come in 
 there one day with some vegetables ; a one-horae wagon ; a farm wagon. It 
 
TRIAL OF HENRY WIEZ. 211 
 
 was green corn, nothing else that I know of. -The wagon was what they called 
 a " buggy," a four-wheeled wagon ; one of these little business wagons. I judge 
 it brought about two or three bushels. I never saw any come in at any other 
 time. I saw this confederate sutler bring in Irish potatoes twice while I was 
 there. I did not see any one bring in sweet potatoes, but I saw them there. 
 How they got in I don't know. I saw six or eight bushels at a time. I saw 
 that quantity several times. Sweet potatoes were a very common thing there, 
 in the stockade and the hospital, but I am speaking now of the stockade. Sweet 
 potatoes were brought in very frequently. I cannot tell how they were brought 
 in. For about a month or two months they were very plenty. They were at 
 the Union sutlers', round through the stockade. Our men could get them if they 
 paid for them. If they did not pay for them they could not. • I never saw Cap- 
 tain Wirz have anything to do with that. I have seen country wagons come 
 up, but what they had in them I could not say. I was inside, and tliey were 
 outside. I saw them three or four times. They generally came on Saturdays. 
 There was no such thing as a " market day" known around Andersonville. I 
 never saw any market stand or anything of that kind, no more than a store down 
 at the railroad, a sort of country store, one that had been there apparently for 
 years. It was there when I left. It was an ordinary store, not very large ; 
 about fifty feet by sixty, or something like that. I was never in that store. 
 Yankees were not allowed to go in. I have seen into it. I saw groceries there. 
 I did not see any dry goods in it. I saw groceries upon the shelves, such as 
 are generally found in any other grocery store. That was the only one there. ! 
 
 THE SUPPLIES FROM THE NORTH. 
 
 The sanitary stores that I saw were not in boxes ; they had been taken out 
 of the boxes. There was a bale of blankets, and some pants, undershirts and 
 drawers piled up there. There was one bale of blankets ; I don't know how 
 many blankets. There was one bale when we drew the clothing, but clothing 
 had been issued before that. I never saw any stores besides these. I saw 
 eight pairs of pants when we went out there. I don't know how many drawers 
 and undershirts. There was quite a pile on a big box, a pile about four feet 
 high. I should judge there were very nearly a hundred pairs of drawers and a 
 hundred shirts, two hundred pieces both together. There was nothing else. I 
 have seen boxes sent there by men's friends ; no other sanitary supplies. I 
 cannot tell what month these goods came there. They were issued the latter 
 part of December, 1864, or the first part of January, 1865. I cannot tell how 
 many prisoners were then in the stockade ; not very many. Men had been sent 
 off to Millen, Blackshire, and other places. There musf. have been about five 
 or six thousand. I heard the doctor give the order not to issue those pants. I 
 did not isee Captain Wirz there. I do not know that he had anything to do 
 with it. 
 
 ILLNESS OP WIRZ. 
 
 One o'clock p. m. having arrived, the commission was about to take the usual 
 recess, when 
 
 Mr. Baker stated that the prisoner was suffering, as he had been all day, 
 with severe pains in his head, and was in other respects sick, and he would be 
 grateful to the commission if it would adjourn until to-morrow morning. 
 
 The Presidb.vt. Has the prisoner medical attendance? 
 
 Mr. Baker. He states that the physician usually comes to the prison after 
 he has left, and his attendance cannot, therefore, be had without sending for him 
 specially. 
 
 The commission, after deliberation, decided to grant the application, and di- 
 rected that the prisoner be furnished with proper medical attendance. 
 
212 TRIAL OF HENEY WIKZ. 
 
 LETTER FEOM WIRZ ASKING THE ATTENDANCE OF CLERGYMEPf. 
 
 Upon the meeting of the court on the 8th of September, the judge advocate 
 laid before it a letter, of which the following is a copy : 
 
 Old Capitol Prison, 
 Washington City, D. C, September 8, 1865. 
 1 — ■ 
 (Colonel N. P. Chipman. 
 
 Judge Advocate, Aide-de-ca/np : 
 
 You will, I hope, excuse my liberty to address yon these lines, but, not knowing to whom 
 to appeal, I refer the matter to you. I am now a prisoner since the 7th day of May, 1865. 
 I have been deprived of all the chances to receive the consolations of religion — consolations 
 necessary to anybody, and triily more so to a man charged with crimes so heinous, so terrible, 
 that the mere thought of them makes me shudder. Although I linow myself full well that I 
 am wrongfully accused, that an All-seeing, All-knowing God knows my innocence, still I 
 need some encouragement from others, not to sink under the heavy burden which is placed 
 upon me. Under these circumstances I most respectfully ask that permission be granted to 
 Eeverend Fathers Whelan and Hamilton to visit me, and administer to me such spiritual 
 comfort as mj unfortunate position requires. They are both men of integrity, and will not 
 profit the occasion to see me to do anything but what their duty as ministers of the gospel 
 will permit. Hoping that this my humble request may be favorably received, and the per- 
 mission be granted, 
 
 I remain, colonel, most respectfully, your obedient servant, 
 
 H. WIEZ. 
 
 The commission decided that it had no jurisdictioQ over the matter, and di- 
 rected the judge advocate to refer the communication to the Secretary of War. 
 
 The communication was so referred, with an indorsement of which the follow- 
 ing is a copy : 
 
 Military Commission, 
 
 September 8, 1865. 
 Respectfully referred to the honorable the Secretary of War. I am directed by the court 
 to express an approval of the application. Fathers Whelan and Hamilton are residents of 
 Georgia, but are here as witnesses for the prosecution. 
 
 N. P. CHIPMAN, 
 
 Colonel, Ifc, Judge Advocate. 
 
 September 8, 1865. 
 
 Prkscott Tracy, for the prosecution : 
 
 I am in the military service of the United States. I am a lieutenant. I was 
 commissioned last year. My previous position in the army, was sergeant. I 
 was taken prisoner. I was at the Andersonville prison. I was taken on the 
 22d June, 1864, in the last charge we made on Petersburg. I was taken to Ander- 
 sonville, I think, the last of June of that year. I was put in the stockade when 
 I got there, by Captain Wirz. I was in there until the 17th of August of the 
 same year. I was pretty near starved to death. 
 
 a prisoner shot by wirz's order. 
 
 I saw the prisoner very often. I never saw him commit acts of cruelty upon 
 prisoners himself, but I saw him give the orders to do it, to shoot a man. I 
 could not give the day exactly ; I know that it was a Wednesday, that is all I 
 
 |Tihow. In the month of August the man was shot. His name was Roberts. 
 
 ' I cannot tell what regiment he belonged to. He was what we called " fresh fish," 
 just come in by the north gate, and not knowing the rules and regulations, he 
 went to take a drink at the creek, and it being muddy there, he slipped and fell 
 in so that his head went about six inches inside the dead-line. Captain Wirz 
 was behind me, perhaps the distance of this room or a little more, and he hal- 
 looed to the sentry, " God damn your soul, why don't you shoot that Yankee 
 
TRIAL OF HENRY WIRZ. 213 
 
 son of a bitch?" That was the expression he made use of. The sentinel fired 
 and shot the man through the top of the head and the ball came out at the back of 
 his neck. The sentry did not say anything at the time ; he only just fired. I lay 
 down, for I was afraid of getting shot myself. This was in August, the forepart of 
 August. I could not tell the date, because we did not know one day from 
 another there. The man did not live ; he died right in the creek, and we pulled 
 him out and buried hira that same afternoon. I never saw any other man shot. 
 I heard the reports of guns, but I never saw a man shot. I saw one laid out, 
 but did not see him shot. He was shot and dead and we were going to bury 
 him, and he was what is called laid out. I do not know the circumstances J 
 under which he was shot. 
 
 THE STOCKS. 
 
 I saw men in the stocks. I could not tell you when I saw some. I never 
 saw men die in the stocks, but 1 saw men dje afterwards. I saw men die ou 
 the south side of the stockade from the effects of being in the stocks. I do not 
 know their names. They were stretched out in the stocks ; then pieces of wood 
 across their necks and across their feet, and their hands were stretched out as 
 far as they could go and tied down, and there they lay with the sun pouring 
 right down on them. They died the next morning after they were in the stocks. 
 The first case I saw was a man belonging to the third Pennsylvania cavalry. 
 He was stretched out full length with his head up before the sun, with a piece 
 of wood right across his neck, and another across his two feet, and there he lay 
 from nine in the morning until nearly six in the afternoon. The next time I 
 saw him he was a corpse ; it was the next morning ; I helped to carry him out. 
 I cannot remember the date. We could not remember one day from another 
 there. We could not tell Sunday from Monday. It was in August, the forepart. 
 I never saw any one else die after being in the stocks. When the man died he 
 was out of the stockade, in a little shanty made of trees. He was not brought 
 back after he was in the stocks. 
 
 DEATH OF A PRISONER FROM STARVATION. 
 
 Another man, named George Wetherell, died alongside of me. He had not 
 been in the stocks He lay alongside of me and I turned round to hira in the 
 morning and said " George, you had better get up and get something to eat," 
 and I came to find that he was dead. He died of starvation, nothing else under 
 God's heaven. He had been in that condition nearly ten days. He had some- 
 thing to eat ; soms bacon, but no one could touch it, no one could eat it, and he 
 had some corn too, that is, corn ground with the cobs, all ground up together. 
 He took some of it and it caused diarrhoea or dysentery on him and he kept 
 lying in his shanty, as we called it, such as it was, from day to day until that 
 night, and the next morning I tried to wake him up, and came to find that he 
 was dead. He was wasted ; he was about the size of that sword. That was 
 in August. I was sergeant of a Bq[uad of one hundred men, and Captain Wirz 
 used to come and walk through my portion of the stockade with his hands be- 
 hind his back. He wore a swallow-tailed coat then. He used to walk through 
 our detachment and look at the men, but he never gave us a good word or a 
 kind word, I am sorry to say. I asked him for rations once, and he said he 
 would ration me into hell. The prisoner always carried his pistol, at least he 
 always showed it to us. He always wore it on his right side. He never came in 
 the stockade without it. I never saw him without it. The man was wasted 
 to a complete shadow. You could just catch hold of his bones. There was just 
 flesh enough on him to cover over his bones, and that was all. 
 
214 TEIAL OF HENET WIRZ. 
 
 STOPPAGE OP RATIONS. 
 
 My rations were stopped because a couple of the men of my squad attempted 
 to tunnel from a well, so as to get outside of the stockade, and he stopped my 
 rations on that account for two days. I never got a mouthful to eat. 
 
 DEATH OF A PRISONER FROM STARVATION. 
 
 Cross-examined by Counsel : 
 
 I do not know how long this man who died from starvation had been there. 
 He was there when I went there and took charge of the sqad. He was not 
 one of the men captured with me. He was captured in another fight altogether. 
 When I first saw him he was able to get up and go around a little. He died 
 in August ; the fore part of August. He gradually, day by day, declined; we 
 all did what we could for him. We gave him a portion of our rations. I can- 
 not say how long he had this diarrhoea, because he had it wben I first took 
 charge of the squad. I took charge of the squad when I first went there. I 
 went there in the latter part of June. He died from pure starvation. It was 
 nothing else, because we could not give him rations enough. We had hardly 
 rations enough for ourselves, and his rations did not support him by any means. 
 He did not appear to have any other disorder except starvation. I did not 
 notice any signs of scurvy about him. 
 
 THE STOCKS. 
 
 It was some time in July that I saw these men in the stocks. We had no 
 means of telling one day from another there ; Sunday from Monday or Monday 
 from Sunday. I do not mean to say that nobody could tell when Sunday came, 
 but I could not tell, and there were a good many like me. They had nothing 
 to designate Sunday that I know of; I never saw anything. I never knew of 
 prayer meetings or reading of the Bible there on Sundays. The men who 
 died from the effects of the stocks died in their own shanties, inside 
 the stockade. Captain Wirz did not inflict on me any other punishment for 
 escaping than stopping my rations ; he did on the rest who escaped ; he put 
 them in the stocks, not the whole seven, four of them. He let the other three 
 go. Those four were the parties who dug the tunnel and got out, and gave ua 
 the clue to get out too if we could. 
 By the Court : 
 
 The man died in his own shanty, what we used to call shanties, after he was 
 taken out of the stocks. I do not mean to say that he died outside the stockade ; 
 he died in his own shanty, just a little way from the stocks where he was con- 
 fined. The stocks were up on the top of the hill and his shanty was down 
 close by the creek. 
 
 By Counsel : 
 Some of the stocks were inside the stockade. The stocks that this man 
 was in were. His little shanty was close to them. He was taken from the 
 stocks by myself, myself helping him out, and how could I say that I 
 did not see him after he was taken from the stocks ? I helped to take him out 
 of the stocks and bring him down to his shanty, and he lay there for twenty- 
 our hours. We had some vinegar and water — we called it cider — and we kept 
 giving him that, thinking it would help him. He died next morning just about 
 daylight. I saw him when he was going into the stocks. I saw him come in 
 through the gate. He was one of those recaptured. He was in pretty fair 
 condition then, considering the rations he got. He was not in a starving cou- 
 dition. He was more energetic perhaps than the rest. If he was energetic he 
 
TRIAL OF HENRY WIRZ. 215 
 
 might get extra rations at the gate. If a person was active and energetic he 
 could generally fare better than one who was not. He would get better fare by 
 working at the gate, carrying wood, and volunteering to go out with working 
 squads. Those that did that did not always get these favors. He was not one 
 of those "raiders." A portion of the stocks were at one time inside the stock- 
 ade. I could not tell exactly when it was. It was just for the time being. 
 The original stocks were outside the stockade, between Captain Wirz's office 
 and the stockade. They were inside the latter part of July. They appeared 
 to be brought in for that occasion, because they were not there afterwards. 
 Those stocks were the size of an ordinary man, say about five feet ten inches 
 only, and with room for two men. I have already described how they were made. 
 They were made of wood timber. They were about the length of that table, 
 (about twelve feet,) and about four or five inches wide. The stocks were about 
 five feet ten inches long, and there was a space for the neck and a space for - 
 the feet, so that they could close over and keep the men in, and there they lay. 
 The men were spreadout in the stocks full length, with the arms stretched out 
 at right angles with the body. In those stocks I saw two men. The othei 
 two men went about their business ; they were not put in any stocks at all. 
 I did not say there were four men put in the stocks ; only two were put in, 
 and those were the two worst men. I believe it was the third time they had 
 made an attempt to run away. 
 
 The Reporter, by the direction of the Court, here read the following from 
 the cross-examination of the witness : 
 
 Q. Did Captain Wirz inflict any other punishment on you or on any of the 
 others ? 
 A. Not on me ; he did on the rest. 
 Q. What did he do ? 
 A. He put them in the stocks. 
 Q. The whole seven ? 
 A. No, sir ; four of them. 
 
 Q. How do you reconcile your present statement with that ? 
 A. If I said four, I made a mistake. There were only two put in the stocks. 
 The balance of us were let go without our rations. That was the only punish- 
 ment we got. Those two went in the stocks, I should think, about 11 o'clock 
 in the morning, and were kept there until the next morning. They were relieved 
 the same as others, two hours in and two hours out. You can calculate your- 
 self the number of hours they were in better than I can ; I have no pencil. 
 They were two hours in and two hours out. I don't know the man's name who 
 died ; nor his company or regiment. I paid no attention to him more than that 
 I know he died. He belonged to my squad. I was' acquainted with all the 
 men in my squad. I could not tell his name out of a hundred men. I had 
 something else to do besides looking after the names and regiments of the men 
 in my squad. The stocks were situated right opposite the gate ; the north gate. 
 It was where we hung the men. (The diagram of the prison was handed to 
 witness.) I tell you very candidly I do not understand this diagram. I made 
 a diagram of the stockade myself and gave it the Sanitary Commission. If I 
 had that here I could tell you in a moment. (Pointing to the diagram.) As near 
 as I can tell it was about there. The stocks were never empty. I saw the 
 men when they were being put in the stocks. They were put in there for a 
 show, as a guarantee to the balance of the prisoners what they would get if they 
 attempted to get away. They were standing by the gate there, I suppose, half 
 an hour before they were put in the stocks. I saw them. The guard took 
 them to the stocks. I went behind them. They were just fixing the stocks 
 when we got there. They had been brought in and placed there, from all ap- 
 pearances. The stocks did not remain there any time after the men were taken 
 out. They were taken immediately out. I saw a portion of them taken out. 
 
21G TEIAL OF HENEY WIEZ. 
 
 I did not see them all. I did not stand there for the purpose of seeing them 
 taken out. They were taken out apart. They cou.ld not be taken out in a 
 body. They were all taken to pieces and taken out in parts. The stocks were, 
 taken out about a couple of hours after the men were taken out of them. I 
 never saw them there before or after that. 
 By the Court ^ 
 
 IQ. How do you reconcile your statement in your direct examination that the 
 man was put in the stocks at nine o'clock in the morning and taken out in the 
 evening, with your statement that he was in the stocks until the next morning ? 
 
 A. I could not tell the time. We had no means of telling any time there 
 from morning to night. We could not tell one day from another, nor one hour 
 from another. 
 
 Q. Was the man in the stocks all night? 
 
 A. Yes, he was there, and I said that. I said he went in in the morning and 
 stayed there until the next morning. As to the exact time and hour we could 
 not tell, because all our watches and everything else was taken by our worthy 
 friend here, (pointing to Captain Wirz.) 
 By Counsel : 
 
 : I mean to say that I do not know of a watch being inside the stockade. 
 
 The Judge Advocate called attention to the fact that the witness, in marking 
 the diagram, had pointed out a spot right in the middle of the swamp as being 
 the place where the stocks were located. It was not reasonable to suppose 
 that that was correct. 
 
 Mr. Baker. If the witness has located the stocks in the swamp we cannot 
 help it. 
 
 The Witness. I stated at the time that I did not understand that thing, (the 
 diagram,) and I do not understand it now. 
 
 The Court. It was by the persistence of the counsel for the defence that 
 the witness made the mark on the diagram. 
 
 The Witness. If you had put in my hand a diagram that I understood, I 
 ('would not put that mark where I did. 
 
 stoppage of ratioxs. 
 
 The rations were stopped some time in July ; the latter part of Jnly. Two 
 of my men were caught tunnelling out. All I know about it is that they en- 
 deavored to tunnel out, and they did, and got to some distance, and the hounds 
 were Sent after them by Captain Wirz. Captain Wirz went after them himself 
 and brought them back. There were only four, brides myself, engaged ia that 
 tunnelling out. There were eight of us altogether. Our rations were stopped 
 after the men were brought back. He stopped our rations for two days. We 
 had nothing to eat, good, bad, or indifferent, except what we got from other 
 squads. We got some from other squads occasionally. We fared pretty hard. 
 Captain Wirz did not inflict any other punishment on me. He did on the rest. 
 He put them in the stocks, four of them ; he let the other three go. Those four 
 were the parties who dug the tunnel and got out, and gave us the cue to get 
 out too, if we could. I got out. I got about the length of this room, (about 
 forty feet. ) I went back again, because the hounds were immediately after us. 
 The hounds did not catch me ; I got back to the stockade. I was afraid I would 
 get caught, and ran back. 
 
 A PRISONER shot BY WIRZ'S ORDER. 
 
 By the Court : 
 Captain Wirz was behind me, about the length of this room, when the man 
 was shot. I hallooed " Koberts, Roberts, for Christ's sake get out of that." That 
 
TEIAL OF HENEY WIRZ. 217 
 
 was the expression I made use of, and Captain Wirz was behind me with one 
 hand behind his coat. He was outside the dead-line, on the street, or the road 
 down to the creek, coming down from the north gate. Before I had time to 
 get the man out, or apeak to him a second time, he was shot. Captain Wirz 
 was inside of the stockade, on the road down towards the south side of the 
 stockade. He was walking down the street at the time. I am sure I saw him, 
 I can swear to it, and if he will look me in the face he knows it. 
 
 Skptembek 8, 1865. 
 
 William Crousb, for the prosecution : 
 
 I have been in the military service of the United States ; in the 7th Penn- 
 sylvania reserves. I was taken prisoner on the 5th of May, 1864. I was 
 taken to Lynchburg, where I stayed two weeks, and from Lynchburg to An- 
 dersonville, where I arrived on the 20th of May, 1864. I stayed there till the 
 15th of September, 1864. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 1 knew the prisoner there. I saw him knock a man down. I cannot teU 
 the man's name. That was in July, 1861. Captain Wirz knocked him down, 
 that is all. I did not hear him say anything. He just knocked him right down. 
 That man was a Union prisoner. That is all I know about it. 
 
 THE STOCKS. 
 
 I saw men in the stocks. I saw them in July and August, 1864. I saw a 
 man die the day after he came out of the stocks. I do not know his name. 
 It was about July, 1864. 1 should judge he had been in the stocks about two 
 weeks. I saw him die. He died in the next tent to me. 
 By the Court : 
 
 I mean that the man was continuously in the stocks for two weeks, without 
 intermission. 
 
 By the Judge Advocate : 
 I do not know of any event that transpired about that time by which I can 
 fix the date of that man dying, who had been in the stocks. I remember see- 
 ing six men hung there. They were hung on the 13th of July, 1864. It was 
 two or three days before that. 
 
 VACCINATION. 
 
 I saw men get vaccinated there, about twenty of them. It broke out. I saw 
 about twenty of them die, and I saw five of them get their arms amputated. I 
 never saw them after their arms were amputated. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I was at the depot in Andersonville twice in July, 1864. I saw a storehouse 
 there. It was about 150 feet long. There were boxes and meal-bags in it. 
 There were two or three hundred boxes ; I do not know how many bags. The 
 boxes contained sanitary goods. There were in the bags corn-meal, ground 
 with the cobs. I saw Sanitary Commission goods distributed to the prisoners^; 
 I cannot tell how much. I saw some " Johnnies" have some. I mean " rebs." 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw men shot there. I saw five. The first one I saw shot was in the middle) 
 of June. He was getting water near the spring. I do not know his name, or 
 his regiment. He died. I cannot say that Captain Wirz was present at the 
 
218 TRIAL OF HENEY WIKZ. 
 
 lime ; I did not see him. I cannot tell where he was hit. He was in the south- 
 west part of the stockade, near the spring, getting water. The guard said, when 
 the. shot him, " Shoot the Yankee son of a hitch." The guard who fired said so. 
 The next case was in the latter part of July, ahout the 27th. The man be- 
 longed to the 2nth Pennsylvania cavalry. I think his name was Robinson. 
 He was shot in the head. I caanot say by whose order. Captain Wirz was 
 outside of the stockade. I did not hear any orders given. I saw the man die. 
 He was getting water when he was shot. He was about a foot from the dead- 
 line. Not over it — on this side of it. I saw two shot about the middle of 
 August. The first case I saw in August was the same thing, getting water at 
 the dead-line. Captain Wirz was outside. I heard no orders given. The 
 guard said the same thina^, " Shoot the Yankee son of a bitch." The ball hit 
 him ahout the breast. He died. The next case, he was shot dowa there at 
 the spring, too. He was not on the dead-line. I cannot say that Captain Wirz 
 was present. I do noi know his name, nor the regiment he belonged to. I saw 
 another prisoner shot in September. I do not know his name. He was shot at 
 the spring, in the stockade, near the same place where the other man was shot. 
 Captain Wirz was not there. I saw him outside on his horse. I did not see 
 him come into the stockade after the man was shot, there were so many around 
 there. 
 
 Cross-examined by Counsel : 
 This man was shot about the 7th of September. He was getting water down 
 by the dead-line, at the upper side, the southwest. He was not over the dead- 
 line. I heard no words before he was shot, and none after. There was a crowd 
 of about a hundred around him. I cannot say that tlie men were jamming each 
 other into the dead line. They sometimes did that. I cannot say whether they 
 did it wilfully or not. I frequently saw it. The man who was shot on the 7th 
 of September was inside. I was close to him. 
 
 THK .SUPPLIES FROM THE NORTH. 
 
 I saw about 200 or 250 boxes of sanitary goods, at one time, at the depot. 
 All northern sanitary goods. They were all marked " U. S." They were 
 marked " sanitary ;" I am sure the whole of them were. I saw them about the 
 middle of July. I should judge the boxes were that size, (describing) about 
 three feet square. The whole of them were. They were inside the building. 
 I was outside looking in at the door. I did not see any other boxes in there 
 besides those. I made no mistake. I could see them marked on the top of 
 one another. I saw some of them opened inside the stockade. They contained 
 stockings, shirts, and pants. Some were brought inside the stockade, I cannot 
 say whether all were. I saw one box opened. That was all I saw. 1 went 
 up and drew a shirt myself I could tell by the appearance of the other pris- 
 oners that they were drawing. The men who worked outside generally had 
 some. Some of the prisoners were pretty comfortably supplied after that, and 
 some were not. Some had no clothes at all. There was enough to distribute 
 but we did not get them. I never saw any of them used outside. I was out- 
 side the stockade only one day. I went out after wood, under guard. The 
 sergeant took us up to the depot. We stopped there about two hours. 
 
 THE STOCKS. 
 
 I was inside the stockade when the man died from being in the stocks. He 
 was brought in from the outside after he was put in the stocks. He was not put 
 in the stocks inside. There was nothing the matter with him besides being in 
 the stocks. He was a hearty man before he went there. I saw him in the 
 stocks when I went out to get some medicine. I used to go out nearly every 
 
TRIAL OF HENRY WIRZ. 219 
 
 other day to get medicines. T weighed about forty pounds when I came home, 
 from starvation. I went just outside the gate. The doctor's place was about 
 twenty feet from the gate, at the upper end — the southwest end. I could see 
 the stocks from there. It was about three hundred feet from where I got the 
 medicine to Captain Wirz's headquarters, with nothing to obstruct the view. I 
 never went up to Captain Wirz's headquarters. I saw the men in the stocks for 
 two weeks when I went out in that way. I do not know what portion of the 
 time they were removed from the stocks. I believe they went down to get 
 washed. I never saw them come for medicine. I saw them go down to get 
 washed every time I went ont. They would be taken out of the stocks while 
 I was outside ; they would be taken down to the creek. I could not say how 
 many times they were taken down to get washed while I was inside. I did 
 not hear them say. That man who died was starved. That was one thing 
 that killed him. It was the principal thing. I did not see any marks of the 
 stocks upon him. I judged it was Oaptaiu Wirz who put him in the stocks. 
 He had charge of the prison. That was all I knew. 
 
 VACCINATION. 
 
 I saw twenty men who were vaccinated die. They died of vaccination. It 
 broke out on their arms. They were all inside the stockade. They took scur- 
 vy with it. I cannot tell whether it took any other form besides scurvy. After 
 taking scurvy they died. All the twenty cases went into scurvy, and the men 
 died from the scurvy. That is the way I knew they died from vaccination. I 
 knew of them dying everj' day. I never saw them die in any other way than 
 that. They were very thin and emaciated. I cannot say whether any of the 
 twenty had diarrhoea or not. 
 
 Septembee 8, 1865. 
 C. M. Selph, for the prosecution : 
 
 I have been in the confederate army for the last four years as captain in the 
 adjutant general's department — assistant adjutant general, and also in the in- 
 spector general's department. Those departments were combined — they were 
 separated about the beginning of 1864; I was assistant inspector general, on 
 duty in the office. 
 
 GENERAL HOWELL COBB'S REPORT OF HIS INSPECTION OF THE ANDERSON- 
 
 VILLE PRISON. 
 
 I am acquainted with the handwriting of Major General Howell Cobb. 
 
 (A letter was here handed to the witness.) 
 
 I am pretty su|e that is a letter from Howell Cobb. It was received in the 
 adjutant general's office, May 21, 1864, and was sent to the inspector generals 
 office, May 26. 
 
 The Judge Advocate read to the court and put in evidence — stating that he 
 did so to show that the rebel war department at Richmond was cognizant of 
 the condition of Andersonville prison — a letter of which the following is a copy : 
 
 Headquarters Georgia Reserves, 
 
 Macon, Georgia, May 5, 1864. 
 Generai, : Under your orders to inform myself of the condition of the prison at Anderson- 
 ville, with a View of furnishing from the reserve corps the necessary guard for its protection 
 and safety, I made a visit there and have just returned, and now submit the result of my ex- 
 amination. . ., it, 1 • t. 
 There are now in the prison about twelve thousand prisoners, in an area ot less tnat eign- 
 teen acres, with a stockade around it about fifteen feet high. I presume the character oi the 
 
220 TRIAL OF HENRY WIEZ. 
 
 prison is well understood at Eichmond, and therefore give no- description of it. The dangfli 
 of the prisoners escaping is not so great as I had supposed. With a guard of twelve hun- 
 dred men, four pieces of artillery, and a cavalry company, all apprehension of escape vronld 
 be quieted. I have arranged to send two regiments of infantry there within the next week, 
 which, with the detached companies of Colonel Person's regiment, will be an ample infantry 
 force. Captain Gamble's battery is there, but I would recommend that it be returned to 
 Florida, and Captain Ziller's battery sent in its place. My reason mainly for this recom- 
 mendation is, that Captain Gamble's battery is very well supplied with horses, and they are 
 not needed at Andersonville, whereas Captain Ziller's horses have been so reduced that he 
 is unable to move his battery in the field. The exchange of these batteries would be of de- 
 cided advantage to the service. 
 
 I recommend the cavalry company because its presence would have a salutary effect in 
 restraining the prisoners from any attempt to escape, knowing the means were at hand to 
 pursue them, and in the event of the escape of any considerable number the cavalry would 
 be absolutely necessary to their successful pursuit. 
 
 I took the liberty of making several suggestions for rendering the prison more secure ; and 
 if the tools could be had, I would recommend that the entire prison grounds should be sur- 
 rounded by fortifications, which could be put up by the troops, whose health would be 
 promoted by the employment. 
 
 f The most important change is the one suggested in the accompanying report of my chief 
 surgeon, Dr. Eldridge, that is, the erection of hospital buildings outsideofthe prison. Upon 
 that point there cannot be two opinions among intelligent men. It ought to be done at once, 
 and such is the opinion of every sensible man that has examined the prison. 
 
 The prison is already two much crowded, and no additional prisoners should be sent there 
 until it can be enlarged. The effect of increasing the riumber within the present area must 
 be a terrific increase of sickness and death during the summer months. I understand that an 
 order has been given for enlarging the prison. If it was possible to make another prison it 
 would be much better, for I doubt very much whether the water will be sufScieut for the 
 accommodation of the increased number of prisoners. The general mauagement of the pri son 
 under Colonel Persons is good, and he manifests a laudable desire to discharge his duties in 
 the most efficient manner. The duties of the inside command are admirably performed by 
 (Captain Wirz, whose place it would be difficult to fill. 
 
 1 still think the rank of the commanding officer of the post should be a brigadier general ; 
 in view of the number of troops that will be under his command it seems to me he should 
 have that superior rank over those who may be ordered to report to him. 
 
 I take the liberty of enclosing a copy of Dr. Eldridge's report. 
 I am, general, very respectfully, yours, &c. , 
 
 HOWELL COBB, 
 Major General, Commanding, 
 
 General S. Cooper, 
 
 Adjutant General, Richmond, Fa. 
 
 Endorsed as follows : 
 
 Howell Cobb, major general, headquarters Georgia reserves, Macon, May 5, ]864. 
 
 Report on the prison at Andersonville, Georgia. 
 
 One enclosure. 
 
 A. & I. G. 0. received May 26, 1864. 
 
 Received A. & I. G. O. May 31, 1864. 
 
 Witness. Howell Cobb was brigadier general of the Georgia reserves at that 
 time. 
 
 SURGEON E. J. eldridge's REPORT. 
 
 (Another paper was here handed to the witness.) 
 
 This paper bears official marks of the department; it is the enclosure which 
 accompanied General Cobb's letter. 
 
 The Judge Advocate read to the court and put in evidence the paper, of 
 which the following is a copy : 
 
 Headquarters Georgia Reserves, 
 
 Macon, Georgia, May 6, 1864. 
 
 Major: In obedience to instructions from Major General Howell Cobb, I have the honor 
 
 to make the following report of my visit in company with the general to the prison camp at 
 
 Andersonville. I found the prisoners, in my opinion, too much crowded for the promotion or 
 
 ,_eyen continuance of their present health, particularly during the approaching summer months. 
 
 i The construction of properly arranged barracks would of course allow the same number of 
 
 men to occupy the enclosures, with material advantage to their comfort and health. At present 
 
 their shelters consist of such as they can make of the boughs of trees, poles &c., covered 
 
TRIAL OF HENRY WIRZ. 221 
 
 with dirt. The few tents they "have are occupied as a hospital. I found the police of the 
 camp, though not very good, as well arranged as their crowded condition and the limited 
 number of shovels would allow. Since necessary tools have been received for ditching &o., 
 {.which has been very recently) it is proposed to arrange the sinks so that the fecal matter 
 inay he at once carried away by the stream running through the enclosure, which will at once 
 ikaterially improve the condition of the camp. I found the conditiO|n of a large number of 
 the Belle Island prisoners on their arrival to be such as to require more attention to their diet 
 and cleanliness, than to the actual administration of medicines, very many of them suffering 
 from chronic diarrhoea combined with the scorbutic disposition, with extreme emaciation as 
 the consequence. The hospital within the enclosure it has been found impracticable to ad- 
 minister such diet and give them such attention as they require, as unless constantly watched 
 such diet as is prepared for them is stolen and eaten by the other prisoners. There is a finfe 
 stream within a few hundred yards of the present enclosure, across which, in my opinion, 
 there should be made another enclosure, with sufficient hospital buildings, two stories high, 
 to accommodate from eight hundred to one thousand patients. Such an enclosure as I should 
 suggest (a plank fence ten feet high) would require but very few additional guards, which 
 guard appears to be the objection urged at Richmond to a separate enclosure. ^ 
 
 The patients upon their admission into the hospital should be well washed, and a pool ar- 
 ranged on the side of the stream, and furnished only with a clean shirt, with which dress they 
 would hardly attempt to escape. The nurses could be detailed with such discretion that but few 
 would attempt to escape, and with frequent roll-calls, they would be absent but a few hours 
 before detected, and would be readily caught by the dogs always at hand for that purpose. 
 I consider the establishment of hospital outside of the present enclosure as essential to the 
 proper treatment to the sick, and most urgently recommend its immediate construction. I 
 would also recommend the construction of as many bathing pools within the prison as the 
 stream would warrant, feeling assured from the appearance of the prisoners that their use 
 would contribute materially to the health of the bathers. Other iniprovements would be sug- 
 gested, but for the difficulty of obtaining labor, tools, and materials ; but with those above 
 jnentioued, the urgent necessities of the prison would be supplied. 
 
 The bakery just being completed, will be the means of furnishing better prepared fooJT 
 particularly bread, the half cooked condition of which has doubtless contributed to the con- 
 tinuance of the bowel affections. I will add that as far as I have been able to judge from my 
 short visit, the management of the medical department of the prison, under the direction of 
 Chief Surgeon J. F. White, reflects credit upon that office, who seems well qualified for the 
 position he occupies. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 E. J. ELDRIDGE, 
 Chief Surgeon Georgia Reserves. 
 
 Major Lamar Cobb, 
 
 A, A. and I. Gen., Georgia Reserves, Macon, Georgia. 
 
 Indorsed as follows : 
 
 "E. J. Eldridge, chief surgeon, headquarters Georgia reserves, Macon, May 6, 1864. 
 Report of the prison at Anders onville, Georgia." 
 
 CAPTAIN WIRZ'S REPORT IN REFERENCE TO THE CONDITION OF THE PRISON. 
 
 (A letter from Captain Wirz, the prisoner, was here handed to the witness.) 
 
 I do not know whether that letter bears the marks of the department ; it may 
 be the mark of General Winder's office. He was commandant of the post in 
 the city of Richmond ; Major Turner was commandant of Libby prison, Eich- 
 mond. I do not know whether these reports were made through him. 
 
 (The handwriting of the prisoner, and of General John H. Winder, to the 
 letter, was proved by Captain J. H. Wright, previously sworn as witness for 
 the prosecution; and the Judge Advocate offered the letter in evidence.) 
 
 Counsel for the accused objected, on the ground that there was no proof 
 of the official character of the paper. 
 
 The objection was overruled and the paper was received in evidence ; The 
 following is a copy ; 
 
 Cajmp Sumter, Andersonville, Georgia, 
 
 May 8, ]864. 
 
 Major : I have the honor to make the following report in regard to Confederate States 
 military prison at this post. 
 
 • I was assigned to the command of the prison by colonel A. W. Persons, the commandant, 
 of the post, on the 27 th of March, 1864, having reported to him for duty by order of General 
 
222 TRIAL OF HENKT WIEZ. 
 
 ( J. H. Winder, eommancling Confederate States military prison. I found the prison in a bad 
 condition owin^ to the want of tools, such as axes, spades, and lumber to erect proper build- 
 ings. Captain W. S. Winder, and his successor. Colonel A. W. Persons, had left nothing 
 untried to supply this so important articles. Only two weeks ago I received axes, spades, 
 &e., from Columbus, Georgia, and went to work cutting ditches &c., and I hope to have 
 everything in the interior of the prison completed in two weeks. The bakery, which could 
 not be completed for want of lumber, is now in operation. The necessity of enlarging the 
 stockade is unavoidable, and I shall commence as soon as I can gather a sufficient number 
 of negroes. I would most respectfully ask you to present to the authorities at Richmond the 
 impediment thrown in my way by having the hospitals inside the prison. 
 
 The number of prisoners on the 1st day of April was 7, 160 
 
 I received up to-day from various sources ■ 5, 787 
 
 I received up to-day, recaptured - 7 
 
 5,794 
 
 Total 12,954 
 
 The number of dead from the 1st of April to 8th of May is 728 
 
 The number escaped from the 1st of April to the 8th of May is 13 
 
 741 
 
 Leaving on hand 12,213 
 
 I would also call your attention to the danger of having our present guard force withdrawn 
 and their places supplied by the reserve forces of Governor Brown. 
 
 In conclusion allow me to make a few remarks concerning myself. I am here in a very 
 unpleasant position, growing out of the rank which I now hold, and suggest the propriety 
 of being promoted. Having the full control of the prison, and consequently of the daily prison 
 guard,^the orders which I have to give are very often not obeyed with the promptness the 
 occasion requires, and I am of opinion that it emanates from the reluctance of obeying an 
 officer who holds the same rank as they do. My duties are manifold, and require all my time 
 in daytime, and very often part of the night, and I would most respectfully ask that two com- 
 missioned officers (lieutenants) would be assigned to me for duty. 
 . I am, major, most respectfully, your obedient servant, 
 
 ' H. WIRZ, 
 
 Captain Commanding Frison. 
 
 Major Thos. Turner, C. S. A. 
 
 Indorsed as follows : 
 
 Andersonville, Georgia, Camp Sumter, May 8, 1864. 
 
 Captain Henry Wirz, commanding prison. 
 
 Reports in reference to the general condition of the prison, and suggests the propriety of 
 increased rank being given him. 
 
 Richmond, Virginia, May 25, 1864. Respectfully forwarded, recommended. 
 
 THOS. P. TURNER, 
 
 Major Commanding. 
 
 Approved and respectfully forwarded. Captain Wirz has proved himself to be a very dili- 
 gent and efficient officer, whose superior in commanding prisoners and incident duties I know 
 not, 
 
 JNO. H. WINDER, 
 
 Brigadier General. 
 
 GENERAL JOHN H. WINDER'S REPORT. 
 
 I have had opportunities of noticing the signatures of J. L. Seddon, rebel 
 secretary of war, and of Colonel H. L. Clay, assistant adjutant general. 
 
 (A paper was here handed to the witness.) 
 
 I recognize here the signature of Colonel H. L. Clay, assistant adjutant gene- 
 ral, and the initials of Mr. Seddon, secretary of war. Mr. iSeddon was in the 
 habit of signing papers and referring them by his initials. 
 
 (The signature of Brigadier General Jno. H. Winder was identified by Cap- 
 tain J. H. Wright, heretofore sworn as a witness for the prosecution.) 
 
 The Judge Advocate then read and put in evidence the letter from John 
 H. Winder, brigadier general, to General S. Cooper, of which the following is a 
 copy: 
 
TRIAL OF HENRY WIRZ. 223 
 
 Camp Sumter, 
 Andersonville, Georgia, July 21, 1864. 
 
 General : Your indorsement on the letter of S. B. Davis, relating to the strength of the 
 guard at this post, contains a very severe censure, which I am sure would not have been 
 made if you had had a clear comprehension of this post, of its wants and its difficulties. 
 Reflect for a moment : 29,201 prisoners of war, many of them most desperate characters, a" 
 post a mile long by half a mile wide, the stockade for prisoners within IBO yards of a mile 
 in circumference, numerous avenues leading to the post to be guarded, public property to 
 be cared for, guards for working parties, and the ordinary camp guards for the troops, 
 and you can form some estimate of the number it would require for these pui"poses. The fol- 
 lowing are the daily guards required, and they cannot be reduced, but ougtt to be increased. 
 
 Stockade: 1,600 yards around, 52 posts, supernumeraries 10 — 166 enlisted men, two com- 
 missioned officers; hospitals two, (unenclosed,) i,735 patients and attendants, guards 
 73, 23 posts 69 and four (4) supernumeraries, and one commissioned officer. 
 
 Pickets around the stockade, 206. Thii picket is indispensable to prevent escape by 
 tunnelling. Outlying pickets and railroad bridge guard, 43; six commissioned officers. 
 Guard with party cutting wood daily, 100. Guard with working parties, 25. '' 
 
 This does not include accidental guards and camp guards ' 166 
 
 73 
 206 
 
 43 
 100 
 
 25 
 
 Total 513 
 
 Strength of guard July 20, 2,421, including the prisoner guard detained here, from which 
 deduct 517 sick, daily duty 227, and the artillery company 126 = 870, leaves 1,551. You will 
 observe that, since Lieutenant Davis's report, the detained prisoner guards have been added 
 to the strength of the guard. This gives the most favorable report of the forces at this post, 
 and the duties required of it. 
 
 You speak in your indorsement of placing the prisoners properly. I do not exactly com- 
 prehend what is intended by it. I know of but one way to place them, and that is to put 
 them iuto the stockade, where they have between four and five square yards to the man. This 
 includes streets and two (2) acres of ground about the stream. 
 Respectfully, your obedient servant, 
 
 JNO. H. WINDER, 
 
 Brigadier General. 
 General S. Cooper, 
 
 Adjutant and Inspector General. 
 
 Indorsed as follows : 
 
 Camp Sumter, 
 Andersonville, Georgia, July2i, 1864. 
 
 Brigadier General J. H. Winder reporting condition of this post, its wants and difficulties, 
 Respectfully submitted to the secretary of war. 
 
 H. L. CLAY, 
 Assistant Adjutant General. 
 
 Adjutant and Inspector General's Office, 
 
 August 3, 1864. 
 
 Noted. File. 
 
 J. L. S. 
 
 Counsel for the accused asked the judge advocate to indicate for what pur- 
 pose these papers were put in evidence. 
 
 The Judge Advocate. In the introduction of these documents, I do not 
 hesitate to state generally that while the government considers the prisoner an 
 atrocious criminal, there are others above and higher than him, whom the govern- 
 ment will seek to hold responsible for these great crimes ; and it is for the pur- 
 pose of proving on those who had the power to alleviate the suiferings of Union 
 prisoners a knowledge of their condition, that these documents were introduced.^ 
 
 Mr. Baker. That will be satisfactory, if you state in that general way what 
 is introduced for such and such general purposes. 
 
 The Judge Advocate. I state that generally with reference to the papers 
 I am now introducing. 
 
224 TRIAL OF HENRY WlltZ. 
 
 LIEUTENANT COLONBI. D. T. CHANULBB'S REPORT OF HIS INSPECTION OF THE 
 ANDERSONVILLE PRISON. 
 
 (Another paper, being a report from Lieutenant Colonel Chandler to W. H. 
 Chilton, was here handed to witness.) 
 
 This document bears the signature of Lieutenant Colonel Chandler, assistant 
 adjutant and inspector general in the same department aa mine. It is marked 
 as being receiv^ August 17, 1864. 
 
 The paper was read and put in evidence. The following is a copy : 
 
 Anderson, January H, 1864. 
 Colonel : Haring, in obedience to instructions of the 95th ultimo, carefully inspected the 
 prison for federal prisoners of war and post at this place, I respectfully submit the following 
 report : 
 
 The federal prisoners of war are confined within a stockade 15 feet high, of roughly hewn 
 pine logs, about 8 inches in diameter, inserted 5 feet into the ground, enclosing, including 
 the recent extension, an area of 540 by 260 yards. A railing around the inside of the stockade, 
 f ■~and about 20 feet from it, constitutes the "dead-line," beyond which the prisoners are not 
 allowed to pass, and about 3J acres near the centre of the enclosure are so marshy as to he 
 at present unfit for occupation — reducing the available present area to about 23^ acres, which 
 gives somewhat less than 6 square feet to each prisoner. Even this is being constantly reduced 
 by the additions to their number. A small stream passing from west to east through the 
 ■—enclosure, at about 150 yards from its southern limit, furnishes the only water for washing 
 accessible to the prisoners. Some regiments of the guard, the bakery and cook-house, being 
 placed on the rising grounds bordering the stream before it enters the prison, renders the 
 water nearly unfit for use before it reaches the prisoners. This is now being remedied in part 
 by the removal of the cook-house. Under the pressure of their necessities tae prisoners have 
 dug numerous wells within the enclosure, from which they obtain an ample supply of water to 
 drink, of good quality. Excepting the edges of this stream, the soil is sandy and easily 
 drained, but from 30 to 50 yards on each side of it the ground is amuddy marsh, totally unfit for 
 occupation, and having been constantly used as a sink since the prison was first established, 
 it is now in a shocking condition and cannot fail to breed pestilence. An effort is being made 
 by Captain Wirz, commanding the prison, to fill up the marsh and construct a sluice — the 
 upper end to be used for bathing, &c., and the lower end as a sink, but the difficulty of pro- 
 curing lumber and tools very much retards the work, and threatens soon to stop it. No shelter 
 whatever nor material for constructing any have been provided by the prison authorities, 
 and the ground being entirely bare of trees, none is within reach of the prisoners, nor has it 
 been possible, from the overcrowded state of the enclosure, to arrange the camp with any 
 system. Each man has been permitted to protect himself as best ne can, stretching his 
 blanket, or whatever he may have, above him on such sticks as he can procure, thatches of 
 pine or whatever his ingenuity may suggest and his cleverness supply. Of other shelter 
 there is and has been none. The whole number of prisoners is divided into messes Of 270, 
 and subdivisions of 90 men, each under a sergeant of their own number and selection, and 
 but one Confederate States officer. Captain Wirz, is assigned to the supervision and control 
 of the whole. In consequence of this fact, and the absence of all regularity in the prison 
 grounds, and there being no barracks or tents, there are and can be no regulations established 
 for the police consideration of the health, comfort, and sanitary condition of those within the 
 enclosure, and none are practicable under existing cicumstances. In evidence of their con 
 dition, I would cite the facts that numbers have been found murdered by their comrades, 
 and that recently, in their desperate efforts to provide for their own safety, a court organized 
 among themselves by authority of General Winder, commanding the post, granted on their 
 own application, has tried a large number of their fellow-prisoners, and sentenced six to he 
 hung, which sentence was duly executed by themselves within the stockade, with the sanction 
 of the post commander. His order in the case has been forwarded' by him to the war depart- 
 ment. There is no medical attendance provided within the stockade. Small quantities of 
 medicines are placed in the hands of certain prisoners of each squad or division, and the sick 
 are directed to be brought out by sergeants of squads daily, at "sick call," to the medical 
 officers who attend at the gate. The crowd at these times is so great that only the strongest 
 can get access to the doctors, the weaker ones being unable to force their way through the 
 press ; and the hospital accommodations are so limited that though the beds (so called) have 
 all or nearly all two occupants each, large numbers who would otherwise be received are 
 necessarily sent back to the stockade. Many— twenty yesterday — are carted out daily, who 
 have died from unknown causes and whom the medical officers have never seen. The dead 
 are hauled out daily by the wagon load, and buried without coffins, their hands in many in- 
 stances being first mutilated with an axe in the removal of any finger rings they may have;' 
 The sanitary condition of the prisoners is as wretched as can be, the principal causes of mor- 
 tality being scurvy and chronic diarrhoea, the percentage of the former being disproportion- ' 
 
TRIAL OF HENRY WIRZ. 225 
 
 ately large among those brought from Belle Isle. Nothing seems to have been done, and 
 but little if any effort made to an-est it by procuring proper food. The ration is i pound of 
 bacon and IJ pound unbolted corn meal, with fresli beef at rare intervals, and occasionally 
 rice. Wlieu to be obtained — very seldom — a small quantity of molasses is substituted for the 
 meat ration. A little weak vinegar unfit for use has sometimes been issued. The arrange- 
 ments for cooking and baking bave been wholly inadequate, and though additions are now 
 being completed it will still be impossible to cook for the whole number of prisoners. Raw 
 rations have to be issued to a very large proportiim, who are entirely unprovided with proper 
 utensils and furnished so limited a supply of fuel they are compelled to dig with their hands 
 in the filthy marsh before mentioned for roots, &c. No soap or clothing has ever been 
 issued. After inquiring, I am confident that by slight exertions green corn and other anti- 
 scorbutics could readily be obtained. I herewith hand two reports of Chief Surgeon White, 
 to which I would respectfully call your attention. The present hospital arrangements were 
 only intended for the accommodation of the sick of 10,0U0 men, and arc totally insufficient, 
 both in character and extent, for the present needs ; the number of prisoners being now more 
 than three times as great, the number of cases requiring medical treatment is in an increased 
 ratio. It is impossible to state the number of sick, many dying within the stockade, whom 
 the medical officers never see orof hear until their remaius are brought out for interment. 
 The rate of death has been steadily increased from 37 4-10 per mil. during the month of 
 March last to 62 7-10 per mil. in July. Of the medical oflScers, but ten hold commissions ; 
 nearly all of the others are detailed from the militia, and have accepted the position to avoid 
 serving in the ranks, and will relinquish their contracts as soon as the present emergency is 
 parsed and the militia is disbanded. But little injury would result from this, however, as 
 they are generally very inefficient. Not residing at the post, only visiting it once a day at 
 sick call, they bestow but little attention to those under their care. The small-pox hospital 
 is under the charge of Dr. E. Sheppard, P. A. C. S. More than half the cases in it have 
 terminated fatally. The management and police of the general hospital grounds seem to be 
 as good as the limited means will allow, but there is pressing necessity for at least three 
 tftnes the number of tents and amount of bedding now on hand. The supply of medicines 
 is wholly inadequate, and frequently there is none, owing to the great delays experienced in 
 filling the requisitions. 
 
 The guard forces, under the immediate command of Colonel Henry Forno, P. A. C. S., are 
 composed of Captain Dyke's company, Florida light artillery, fifty-fifth regiment Georgia 
 infantry, first, second, third, and fourth regiments Georgia reserves, and Lieutenant Colonel 
 Furlow's battalion Georgia militia, an aggregate of 3,6(10 men, of whom 647 are now on the 
 sick report. Captain Dyke's company of artillery is an efficient body of men, well drilled, dis- 
 ciplined, and officered. The fifty-fifth Georgia is composed of men who were absent from their 
 command at the time their regiment, proper, was captured at Cumberland Gap. They are 
 thoroughly demoralized, mutinous, and entirely without discipline, and should at once be 
 removed from this point, and their places supplied with better troops. The colonel of this 
 regiment, C. B. Harkie, though armed at the time, permitted his men to drag him from a 
 railroad car and march him up and down the platform of the depot, and to take him from his 
 tent, place him on a stump, and compel him to go through the manual ot arms with atent 
 pole, and to sign and forward his resignation to the war department. This last he recalled 
 hj a telegram from Fort Valley. He has recently rejoined the command, but dares not assume 
 command of the regiment. 
 
 The four regiments Georgia reserves have been newly organized, and without any effort 
 being made to assign the old and young men to separate regiments, as should have been 
 done, A large number are evidently within'the ages of eighteen and forty-five, and 1 respect- 
 fully recommend that a reliable conscript officer be sent among them. These troops are en- 
 tirely without discipline, and their officers are incapable of instructing them, being ignorant 
 of their own duties. I recommend that one competent officer from the invalid corps be as- 
 signed to each regiment as drill officer and instructor. I found their arms in serviceable 
 order, but many are lacking bayonets, cartridge boxes, and accoutrements. Furlow's bat- 
 talion of Georgia militia, temporarily serving here, is armed with muskets without bayonets 
 and accoutrements. Of the whole force there are 452 men entirely without arms. As will 
 be seen by the accompanying report of the commandant of the post, there are required daily 
 for duty an aggregate of 784 men, and frequent details are required m addition. At least 
 1,000 men more are essentially necessary in order to give the troops their proper rest. 
 
 The magazine has not yet been completed, and the ammunition is kept partly in the com- 
 missary st'ore and partly in a tent. I also baud with this a sketch and report of Captain 
 Moreno of the engineer corps, showing the nature of the defences and the stockades being 
 erected. Sixteen pieces of field artillery are now here, some of which are now in positiori; 
 the others will be placed in position as soon as the necessary work can be completed ; six 
 pieces more are en route. It is believed no other point in the State offers the same advantages 
 of healthy location and facilities for safe-keeping of the prisoners, that is not more accessible 
 to raids. Nor can I learn that any advantage can be gained by removal to any other part of 
 the State. I am decidedly of opinion that not over 15,000 prisoners should be kept at this 
 point, the running water not being sufficient for more than that number, and because it is 
 impossible for one man to exercise a proper supervision over them, and that all over that num- 
 
226 TRIAL OF HENRY WIRZ. 
 
 ber should be sent elsewhere. At my request a survey of the grouncis has been made by Colonel 
 Harkie, fifty-fifth Georgia regiment, and civil engineer, with a view to drainage. His report 
 is herewith submitted, with a recommendation that his plan be carried out by the engineer 
 department, that being the only one authorized to impress the necessary labor. The neces- 
 sity for it is urgent, i also recommend that a supply of clothing be furnished for issue to 
 the prisoners, and that soap and anti-scorbutics be regularly issued to them. Attention is 
 specially invited to the report of Chief Surgeon White, relative to the construction of barracks, 
 and the supply of additional tents for hospital use, and I would respectfully suggest that 
 commissioned officers of the medical staff he sent to replace the contract physicians and doc- 
 tors detailed from the militia, and that they be required to reside at the post. The transpor- 
 tation of the post is entirely insufficient, and authority is needed by the quartermaster to 
 impress wagons and teams and saw -mills, when not employed by the government or railroads 
 and kept diligently occupied, and instructions given to the quartermaster in charge of trans- 
 portation to afford every facility practicable for transporting lumber and supplies necessaiy 
 for prisoners. Bake-pans, or sheet-iron for making them, should at once be furnished. The 
 telegraph line should be continued from Fort Valley to Andersonville, thirty-one miles. 
 Attention is respectfully called to the accompanying copy of an order issued by Brigadier 
 General Gardner, to convert all moneys belonging to prisoners, in the hands of the quarter- 
 master at Richmond, into confederate ctirrency, and at the prices established by government, 
 without consulting the wishes of the prisoners on the subject. It will be seen by the account 
 book forwarded with this, that some of these claim considerable amounts. The injustice of 
 compelling them to receive our currency against their consent is apparent. 
 
 In conclusion I beg leave to recommend that no more prisoners be sent to this already 
 overcrowded prison, and that at the two additional localities selected by General Winder 
 under instructions from General Bragg — the one near Millen, Georgia, the other some point 
 in Alabama south of Cahawba — arrangements be at once made for the excess over 15,000 at this 
 post, and such others as may be captured. Since uiy inspection was made, over 1,300 pris- 
 oners have been added to the number tpecified in the reports herewith. With a view of 
 relieving to some extent this point as soon as possible, I respectfully suggest that 2,000 of 
 those who most need the change, especially the Belle Lsle prisoners, be at once sent to Macon, 
 to occupy the quarters vacated by the federal officers, that being the greatest number that 
 can be properly accommodated with shelter at that point. 
 
 It is absolutely necessary that the regulations for the government of the prisoners be legibly 
 
 painted on boards and exposedin conspicuous places, say by nailing on the sutler's shopaiid 
 
 on the inner face of the stockade at various points. Those established by Captain Wirz, 
 
 herewith submitted, are approved, with the exception of paragraph 4th, which it is reeom- 
 
 , mended shall be stricken out. 
 
 V — ■ I am, colonel, your obedient servant, 
 
 D. T. CHANDLER, 
 Assistant Adjutant and Inspector General, 
 
 Colonel R. H. Chilton, 
 
 Assistant Adjutant and Inspector General. 
 
 Indorsed as follows : Andersonville, Sumter county, Georgia, August 5, 1864. D. T. 
 Chandler, lieutenant colonel and assistant adjutant and inspector general. Report of inspec- 
 tion of military prison at Andersonville. 18 enclosures. 
 
 (A paper was here exhibited to witness.) 
 
 This is a supplemental report, made at the same time as the report previously 
 read ; it was sent as an enclosure with tliat report, and is supplementary to it. 
 The paper was then put in evidence. The following is a copy : 
 
 Andersonville, August 5, 1864. 
 Colonel : The following additional report of my inspection at this point is respectftilly 
 submitted : 
 
 Colonel Henry Forno, in immediate command of the guard forces, deserves special men- 
 tiflp as an active, intelligent, energetic, and zealous officer. 
 
 f Captain Henry Wirz, in immediate command of the prison, is entitled to commendation 
 for his untiring energy and devotion to the discharge of the multifarious duties of his position, 
 for which he is pre-eminently qualified. I respectfully concur in the recommendation which 
 has been forwarded by General Winder for his promotion, and further recommend that not 
 less than three captains or subalterns, specially selected for their fitness for the position, be 
 / furnished him as assistants. 
 
 '— Captain J. W. Armstrong, A. C. S., left the post shortly after my arrival on sick leave, 
 locking up nearly all his books an^l papers. I was consequently unable to make a satisfactorj 
 examination into his affairs. Enough information, however, was elicited to show that he ii 
 
TRIAL OF HENRY WIEZ. 227 
 
 a very inefBcient officer, and entirely incompetent for the discharge of the duties of his posi- 
 tion, and should at once be removed, (in pencil, ' ' General Order No. 93, Art. 26, should be 
 enforced.") Captain E. B. Winder, assistant quartermaster, is an energetic and efficient offi- 
 cer, whose whole time and attention are requisite for the duties strictly appertaining to his 
 position. The additional duties devolved upon him by the instructions from the quartermas- 
 ter general's office, requiring him to establish and superintend a large shoe factory, should 
 be imposed on some other officer of the department. 
 
 The other staif officers at this post seem intelligent and efficient in the discharge of their 
 duties, with the exceptions of Captain Samuel S. Baily, assistant adjutant general, who is 
 mentally and physically incapacitated for their performance, and Surgeon E. Sheppard and 
 Assistant Surgeons E. E. Alexander and A. Thombaugh, who are represented by the chief 
 surgeon as being incompetent and inefficient. -i 
 
 My duty requires me respectfully to recommend a change in the officer in command of theV 
 post, Brigadier General J. H. Winder, and the substitution in his place of some one who 
 unites both energy and good judgment with some feeling of humanity and consideration for 
 the welfare and comfort (so far as is consistent with their safe keeping) of the vast number 
 of unfortunates placed under his control ; some one who at least will not advocate deliberately 
 and in cold blood the propriety of leaving them in their present condition until their number 
 has been sufficiently reduced by death to make the present arrangement suffice for their ac- 
 commodation ; who will not consider it a matter of self-laudation and boasting that he has 
 never been inside of the stockade,- a place the hoiTors of which it is difficult to describe, and 
 which is a disgrace to civilization ; the condition of which he might, by the exercise of a 
 little energy and judgment, even with the limited means at his command, have considerably 
 improved. -J 
 
 In obedience to instructions, I shall next proceed to the headquarters of the array of Ten- 
 nessee, and request that any communications for me be forwarded there to the care of the 
 chief of staff. 
 
 I am, colonel, very respectfully, your obedient servant, 
 
 D. T. CHANDLEE, 
 Assistant Adjutant and Inspector General. 
 
 Col. E. H. Chilton, 
 
 Assistant Adjutant and Inspector General, 
 
 C. S. A; Richmond, Va. 
 
 Indorsed as follows: Andersonville, Sumter county, Georgia, August 5, J864. D. T. 
 Chandler, lieutenant colonel and assistant adjutant and inspector general. 
 
 Additional report of inspection at Andersonville. — Enclosure. — Extract made for C. S 
 General. 
 
 CAPTAIN WIRZ'S REPORT TO COr^ONEL CHANDLER. 
 
 (Another paper being exhibited to witness, he identified it as another enclosure 
 of the report previously read. It was offered in evidence. The following is a 
 copy :) 
 
 Headquarters Confederate States Military Prison, 
 
 Camp Sumter, August 1, 1864. 
 
 Colonel: I have the honor to enclose consolidated report of the military prison under 
 my charge for the month of July, 18t)4. 
 
 Allow me the [to] point out to you some items which, if possible, ought to be attended to. J 
 
 We have an inadequate supply of tools to put the interior of the prison in a proper condi- 
 tion ; we need axes, wheelbarrows, and such things ; we need lumber, lime, iron, sheet iron 
 for backing [baking] pans. 
 
 The prison, although a large addition has been made, is too crowded ; almost daily large 
 numbers of prisoners arrive, and before two weeks it will be in the same condition it was 
 before the addition was made, and all internal improvements, which you are aware yourself 
 aire of the utmost importance, will come to a dead halt for want of room. As long as 30,000 
 men are confined in any one enclosure, the proper policing is altogether impossible. A long 
 confinement has depressed the spirits of thousands, and they are utterly indifferent. 
 
 Manyfold ways and means have been resorted to to get out of stockade : 83 tunnels, some 
 40 feet under ground and varying in length from 10 to 140 feet, have been discovered and 
 filled up. 
 
 One prisoner alone has made his escape through a tunnel. All the others escaped trom 
 the guard while at work at the outside. 
 
 The rations are mostly the same as for our own men, J of a pound of bacon, IJ pound 
 corn-meal, or 1 pound of fresh beef in lien of bacon ; occasionally beans, molasses, and rice is 
 issued ; vinegar and soap, both very important articles, are very seldom issued, as the com- 
 missary says lie cannot get them. Scurvy is the principal disease, and it and all other 
 
228 TRIAL, OF HENRY WIRZ. 
 
 diseases are in an undue proportion confined to the old prisoners, who were first at Belle Isle, 
 Kiohmond. The gnard which I require for safe keeping of the prisoners is entirely insufd- 
 cient, simply because the men have to perform guard duty every other day ; this, it is not ne- 
 cessary for me to say, is too much. With the exception of a portion of the 55th Georgia, the 
 balance are militiamen, and are perfectly undrilled and undisciplined. 
 
 A good deal could yet be said as to how and why the prison is not in a better condition, but 
 I deem it unnecessary, as you have seen for yourself where the fault lays. 
 
 Hoping your official report will make such an impression with the authorities at Richmond 
 that they will issue the necessary orders to enable us to get what we so badly need, 
 — I remain, colonel, most respectfully, your obedient servant, 
 
 ^ ■' •^ H.WIRZ, 
 
 Capt., A. A. G., Commanding Prison. 
 Colonel Chandler, 
 
 Oonftderate States Army. 
 
 Indorsement: 8. C. 5. Exhibit 20. Anderson, Georgia, August 1,1864. H. Wirz, 
 captain commanding military prison, C. S. A., reports relative to condition of prison, &c. 
 6 enclosures. 2 Enclosures. 
 
 Andersonville, August 4, 1864. 
 
 Respectfully submitted with " Inspection report." 
 
 D. T. CHANDLER, 
 Assistant Adjutant and Inspectof General. 
 
 Received A. and I. G. O., August 17, 1864. 
 CONSOLIDATED BETBEN OF THE ANDERSONVILLE PRISON FOR JULY, 1864. 
 
 (Another paper being exhibited to witness, he identified it as another enclo- 
 sure of the report previously read. It was offered in evidence. The following 
 is a copy :) 
 
 Consolidated return for confederate States military prison at Camp Sumter, Andersonville 
 Georgia, for t/ie month of July, 1864, 
 
 Prisoners on hand on 1st of July, 1864, in camp 25, 005 
 
 in hospital 1, 362 
 
 26,367 
 
 Prisoners received during the month from various places 7, 064 
 
 recaptured 12 
 
 7, 076 
 
 Total 33,443 
 
 Died during the month 1,743 
 
 Escaped 20 
 
 Sent to other posts 3 
 
 1,765 
 
 Total on hand 3], 678 
 
 Of which there are in camp ; 29, 998 
 
 Of which there are in hospital 1,680 
 
 The number escaped from stockade and not recaptured, from the 1st of April up to date, is 
 27 men. " ^ 
 
 I Av< 
 
 number of prisoners each day ..% 29,030 
 
 AveragiB number of dead each day 56^ 
 
 " ' ii. WIRZ, 
 
 Captain Commanding Prison. 
 
 CONSOLIDATED RETURN OF THE ANDERSONVILLE PRISON FOR THE WEEK 
 ENDING JULY 31, 1864. 
 
 (Another paper being exhibited to witness, he identified it as another enclo- 
 sure of the report previously read. It was offered in evidence. The following 
 is a copy :) 
 
TRIAL OF HENRY WIRZ. 
 
 229 
 
 1 
 
 1 
 
 3 prisoners from Savannah. 
 
 31 prisoners from Salisbury, 5 from Augusta. 
 
 494 prisoners from Lynchburg, 39 from Atlanta. 
 
 140 prisoners from Macon, and 11 sent to Macon. 
 
 1, 019 prisoners from Atlanta, 10 from Augusta. 
 
 784 prisoners from Atlanta, 385 fz-om Danville. 
 
 4 prisoners froni Atlanta, 1 from Macon. 
 
 ■pnsq no pjoi 
 
 29, 297 
 29, 268 
 
 29, 867 
 
 30, 314 
 31, 839 
 
 31, 774 
 31, 678 
 
 'IB^Tdsoq ui 
 
 -H-rH-rHrH-rtrt-i-r 
 
 *sj9)isn& nosTjd nj 
 
 27, 715 
 
 27, 678 
 28, 304 
 29, 110 
 30, 191 
 30, 092 
 29, 998 
 
 ■paSaBqoxa 
 paB'p9SH9i9a 'paioaud 'jjo 
 JUBB 'pedmaa 'paip lujoj, 
 
 to to I^ QO QO t- OS 
 
 •psdno 
 
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 ■para 
 
 (O CO i- 00 00 (-^ Ol 
 
 •p9dB9Ba 
 
 j jtMMW 
 
 
 
 ■IB}OJ paBIQ 
 
 29, 360 
 29, 333 
 
 29, 941 
 
 30, 896 
 
 31, 924 
 31, 845 
 31,774 
 
 •l*;HdsoT[ UI 
 
 1,645 
 1,655 
 1,634 
 1,784 
 1,733 
 1,751 
 1,776 
 
 •siaiJBnb uosrid ui 
 
 27, 712 
 27, 647 
 27, 634 
 28,083 
 29, 081 
 30, 088 
 29,998 
 
 •pgAraoaj IBJOJ, 
 
 COCDCOClOtO 
 "ESS 
 
 
 •pain^dBoaa 
 
 
 
 C4 
 
 
 •p9AT909a 
 
 
 
 a 
 
 July 25.. 
 Jnly 26.. 
 July 27 .. 
 .Tulv 2R 
 
 
 1 
 
 > 
 
 
 Q 
 S 
 
 
 M ^ 
 
230 TRIAL OF HENRY WIRZ. 
 
 THE DISPOSITION OF THE REPORTS SHOWING THE CONDITION OF THE AN- 
 DERSONVILLB PRISON. 
 
 Witness. When these papers were submitted to the department they were 
 forwarded to the Secretary of War with indorsement, immediately on their 
 receipt hy Colonel Chilton, inspector general. 
 
 (A paper was here shown to the witness.) 
 
 That is Colonel Chilton's signature ; that is his indorsement made at the 
 time. 
 
 (The paper was then offered in evidence. The following is a copy :) 
 
 [Exhibit 23.] 
 
 Adjutant and Inspector General's Office, 
 
 August 18, 1864. 
 Respectfully submitted to the secretary of war. The condition of the prison at Anderson- 
 ville is a reproach to us as a nation. 
 
 The engineer and ordnance departments were applied to for implements, authorized their 
 issue, and I so telegraphed General Winder. 
 
 Colonel Chandler's recommendations are concurred in. 
 By order of General S. Cooper : 
 
 E. W. CHILTON, A. A. Sj I. G. 
 
 . Q. This reads, "respectfully submitted to the secretary of war, &c." Waa 
 the report so submitted ] 
 
 A. Yes, sir. 
 
 Q. In whose handwriting is the name " Mr. Wellford" on this paper (Exhibit 
 23)? 
 
 A. It is in the handwriting of Judge Campbell, assistant secretary of war. 
 
 Q. Who is Mr. Wellford ? 
 
 A. He was the attorney for the war department. 
 
 Q. (Another paper being shown to witness.) Whose indorsement is that ! 
 
 A. That is the indorsement of Judge Campbell to the secretary of war. 
 
 Q. (The attention of the witness being directed to another part of the same 
 paper.) Whose writing is that ? 
 
 A. Mr. Wellford's writing. 
 
 Q. What was Mr. Wellford's duty ? 
 
 A. To examine the papers, to make an analysis of them, and submit them to 
 the secretary of war with his opinion. 
 
 (The paper was then offered in evidence. The following is a copy :) 
 
 Secretary ofW^vr: 
 
 These reports show a condition of things at Andersonville which calls very loudly for inter- 
 position of the department in order that a change may be made. 
 
 J. A. CAMPBELL, 
 
 Assistant Secretary of War. 
 
 C— 5. 
 
 Report of Inspection of military prison at Andersonville, Georgia.— (IS enclosures.) 
 
 D. T. Chandler, Lieutenant Colonel, Sfc. 
 
 \ " This report discloses a condition of things imperatively demanding prompt and decisive 
 measures of relief. The discomforts and sufferings of the prisoners seem almost incredible ; 
 and the frightful per centum of mortality, steadily increasing until in the month of July it 
 had attained the extent of 62 and 7-10 per thousand, appears to be only a necessary conse- 
 quence of the criminal indifference of the authorities charged with their care and custody. 
 No effectual remedy for all the evils seems available so long as the numbers are in such large 
 excess over that for which the prison was designed ; but some things can be * "at once 
 to ameliorate the con * *. Colonel Clandler, whose recommend * * are approved by 
 Colonel Chilton, suggests the relief of General Winder and substitute * * some other 
 I commander. The state * * things disclosed in the reports cannot—" 
 
TEIAL OP HENET WIRZ. 231 
 
 Witness : These indorsements show the report was laid before the secretary 
 of war. I do not know of any action taken on the report by the secretary of 
 war. General Winder was assigned to the command of all the prisoners about 
 two weeks afterwards, I think. He was assigned as commissary general of 
 prisoners. An analysis of the report was made and extracts were sent to the 
 surgeon general, the quartermaster general, the commissary general; in fact all 
 the bureaus of the war department. I have no evidence that this report went 
 before Jefferson Davis. I have no positive evidence at all that it ever went to 
 Mr. Davis. 
 
 Q. Did you learn from a staif officer of Jefferson Davis that this report was 
 laid before him ; and if so, in what way did you receive the intelligence 1 
 
 (Mr. Bakek objected to the question on the ground that the charges and speci- 
 fications embraced no charge against Jefferson Davis. 
 
 The Court, after deliberation, overruled the objection.) 
 
 A. I cannot say that I did. It is mere inference that it was so laid before 
 him, and I would hardly be authorized in stating that inference. 
 
 Q. Can you recollect the language made use by the officer refen-ed to ? 
 
 Mr. Baker. We object. 
 
 The President. Cannot the witness state the facts on which the inference 
 is founded 1 
 
 Witness. I have a very indistinct recollection of the conversation with the 
 aide of Jefferson Davis. 
 
 Mr. Baker objected to the witness stating the facts on which his inference 
 is founded. 
 
 The Court, after deliberation, overruled the objection. 
 
 Witness. As I said before, I will not hazard a statement of the conversation 
 that I had. My recollection is so indistinct that I am not willing to hazard my 
 own inference. The question of the judge advocate was doubtless suggested by 
 a remark which I made to him yesterday, though I stated at the time that I 
 would not hazard it as testimony. Consequently I cannot state any facts on 
 which I base the inference. 
 
 By the Court : 
 
 The conversation was between Colonel Woods and myself in regard to the 
 Andersonville prison, and during that conversation I obtained the impression 
 that President Davis had some knowledge of it ; but I am not willing to hazard 
 that as testimony, for I have a very indistinct recollection. The inference to 
 which I allude was formed at the time of this conversation. I recollect that that 
 was my inference. 
 
 By the Judge Advocate : 
 
 It was subsequent to these reports. I don't recollect how long after; it must 
 have been very shortly afterwards. Colonel Woods was John Taylor Woods, 
 a lieutenant in the navy, and aide to President Davis. I think a paper of this 
 kind, on a subject of this magnitude, would find its way to the president of the 
 so-called Confederate States, in the ordinary course of proceedings. Extracts 
 were made and sent to the quartermaster and commissary departments about the 
 time the report was handed in. 
 
 (Exhibit 19 was here shown to witness.) 
 
 These words, "Extract made for 0. S. General," are in my handwriting. 
 
 (Exhibit 18 was here shown to witness.) 
 
 These words, " Extracts from within report have been sent to the different 
 bureaus, and directions to General Winder for correction and remedy of the evils, 
 &c.," are in my handwriting. 
 
232 
 
 TRIAL OF HENRY WIRZ. 
 
 SURGEON ISAIAH WHITE'S REPORT TO COLONEL CHANDLER. 
 
 (A paper was here exhibited to witness.) 
 
 The indorsenicnt upon that paper is by the surgeon general. The paper was 
 an enclosure of Colonel Chandler's report. S. D. Moore was the surgeon gen- 
 eral of the confederate army. 
 
 (The paper was then offered in evidence. The following is a copy :) 
 
 Chief Surgeon's Office, 
 
 August 2, 1864. 
 
 Colonel : I have the honor to submit the following report of the sanitary condition of 
 the Confederate States military prison : 
 
 The number of sick on morning report is one thousand three hundred and five (1,305) in 
 hospital, and five thousand and ten (5,010) in quarters. 
 
 The total number of deaths from the organization of the prison, (February 24, 1864,) up 
 to date, is 4,585. 
 
 The following table exhibits the ratio per one thousand (1,000) of mean strength during 
 the different months : 
 
 Month. 
 
 Mean 
 strength. 
 
 Deaths. 
 
 Ratio per 1,000 of 
 mean strength. 
 
 March 
 April.. 
 May.. 
 June.. 
 July.. 
 
 7,500 
 10, 000 
 15, 000 
 22, 291 
 29, 030 
 
 283 
 
 576 
 
 708 
 
 1,201 
 
 1,817 
 
 37.4 
 
 57.6 
 
 47.2 
 
 53.87 
 
 62.7 
 
 ( Owing to insufficient hospital accommodation many are treated in quarters who should 
 be iu hospital. The present capacity of the hospital is for 1,400 sick. The hospital is situated 
 in an oak grove, affording good shade. Through the hospital passes a stream, furnishing an 
 ample supply of water for cleanliness ; drinking-water is obtained of good quality from 
 wells and springs on the banks of the stream. 
 
 The tents are insufficient in number and not of proper size for the treatment of sick ; most 
 of them are the small fly tent and tent flies. There should be at least two hundred hospital 
 or five hundred wall tents to properly accommodate the sick. It has been impossible up to this 
 time to obtain straw for bedding, this not being a grain-growing district ; small crops of wheat 
 have been grown this year, and efforts are being made to collect a sufficient quantity as soon 
 as the present crop is threshed ; but there is a lack of transportation at the post, and farmers 
 are unwilling to hire their own teams for the purpose. The attendants are paroled prisoners, 
 who, as a rule, are faithful to the performance of their duty, being actuated by the improve- 
 ment of their own condition on removal from the stockade, and a fear of a return if negligent 
 in the performace of duty, apart from a desire to serve their own sick comrades. The num- 
 ber of medical officers, until the recent call of militia by the governor of Georgia, was utterly 
 inadequate ; since that time a number of physicians have been employed by contract, and 
 others have been detailed by the governor to serve in the medical department. These have 
 been recently assigned and it is impossible to decide on their proficiency. The other medical 
 officers, with a few exceptions, are capable and attentive. The physicians who have been 
 recently employed will no doubt cancel their contracts as soon as the militia is disbanded, and 
 the services of the detailed physicians will also be lost. With this view I would suggest that 
 a sufficient number of competent medical officers be assigned. 
 
 There is a deficiency of medical supplies issued by the medical purveyor. Supplies of 
 medicines have occasionally been entirely exhausted, and we have been left several days at 
 a time without any whatever. This has arisen from the delay experienced in sending requi- 
 sitions to medical director at Atlanta for approval. 
 
 The hospital ration is commuted as for other general hospitals, and supplies for the subsis- 
 tence and comfort of sick are purchased with hospital fund. Heretofore we have been able 
 to supply sick with vegetables ; but during the entire month of July the commissary has 
 been without funds, and difiiculty has been experienced in purchasing on time. 
 
 The ration issued to the prisoners is the same as that issued to the confederate soldiers in 
 the the field, viz : J pound pork, li pound meal, with an occasional issue of beans, rice, and 
 molasses. 
 
 The meal is issued unbolted, and when baked is coarse and unwholesome. 
 
 Amongst the old prisoners, scurvy prevails to a great extent, which is usually accompanied 
 
TRIAL OF HENRY WIRZ. 233 
 
 by diseases of the digestive organs. This, in connection with the mental depression produced 
 by long imprisonment, is the chief cause of mortality. There is nothing in the topography 
 of the country that can be said to influence the health of the prison. 
 
 The land is high and well drained, the soil light and sandy, with no marshes or other source 
 of malaria in the vicinity, except the small stream within the stockade. The densely crowded 
 condition of the prisoners, with the innumerable little shelters irregularly arranged, precludes 
 the enforcement of proper police, and prevents free circulation ot air. 
 
 The lack of barrack accommodation exposes the men to the heat of the sun during the day 
 and to the dew at night, and is a prolific source of disease. 
 
 The margins of the stream passing through the stockade are low and boggy, and having 
 been recently drained, have exposed a large surface covered with vegetable mould to the rays 
 of the sun, a condition favorable to the development of malarious diseases. It is the design 
 of the commandant of the prison to cover the surface with dry sand, but the work has been 
 unavoidably retarded. 
 
 The absence of proper sinks (and the filthy habits of the men) have caused a deposit of 
 fecal matter over almost the entire surface of this bottom land. 
 
 The point of exit of the stream through the walls of the stockade is not sufficiently bold 
 to permit a free passage of ordure. 
 
 When the .stream is swollen by rains the lower portion of this bottom land is overflowed 
 by a solution of excrement, which, subsiding and the surface exposed to the sun, produces 
 a horrible stench. 
 
 Captain Wirz, the commandant of the prison, has doubtless explained to you the difficulties 
 which have prevented these, with other projected improvements, in the way of bathing and 
 other arrangements for cleanliness. / 
 
 Respectfully submitted : 
 
 ISAIAH H. WHITE, 
 
 Chief Surgeon Post. 
 
 Colonel Chandler. 
 
 [Indorsements ] 
 
 Andersonville, Ga., August 4, 1864. 
 Respectfully submitted with inspection report : 
 
 D. T. CHANDLER, A. A. S; I. G. 
 
 Remarks in pencil : Surgeon Cooney has been ordered to inspect and report on hospital 
 accomodations for prisoners. 
 
 Surgeon White was authorized some time since to send his requisitions for supplies direct 
 to the medical purveyors. Not having supplies is his own fault; he should have anticipated 
 the wants of thesick by timely requisitions. All requisitions are approved by medical directors. 
 
 It is impossible to order medical officers in place of the contract physicians. They are not 
 to be had at present. 
 
 S. D. MOORE, Surgeon General. 
 
 report of staff officers on duty with general winder. 
 
 September 8, 1865. 
 
 Captain J. H. Wright, recalleJ for the prosecution : 
 
 (A paper was exhibited to witness.) 
 
 I identify that as the signature of General John H. Winder. 
 
 The Judge Advocate. I offer this in evidence simply to show that Gene- 
 ral Winder had a large enough corps of staff officers to enable him to perform 
 his duties. 
 
 The paper was admitted in evidence. The following ia a copy : 
 
234 
 
 TRIAL OF HENEY WIRZ. 
 
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TEIAIi OF HENRY WIRZ. 
 
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236 
 
 TEIAL OF HENRY WIEZ. 
 
 REPORT OF GUARD FORCES STATIONED AT ANDERSONVILLE. 
 
 (A paper was here exhibited to witness.) 
 I identify that as the signature of General John H. Winder. 
 TheJuDUB Advocate. I propose to offer this report in evidence to show 
 the number of tropps on duty at Andersonville at the time it was made. 
 (The paper was admitted in evidence. The following is a copy :) 
 
 Consolidated report of the guard forces stationed at Andersonville, Georgia, 
 commanded by Colonel Henry Forno, P. A. C. S. 
 
 
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 312 
 
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 385 
 
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 333 
 
 611 
 
 
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 563 
 
 144 
 
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 71 
 
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 609 
 
 1 016 
 
 
 94 
 
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 303 
 
 376 
 
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 6 
 
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 104 
 
 369 
 
 704 
 
 Detachment fifty-fifth Georgia regiment|| 
 
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 75 
 
 91 
 
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 10 
 
 8 
 
 109 
 
 230 
 
 
 4 
 
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 95 
 
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 14 
 
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 114 
 
 162 
 
 
 19 
 
 43 
 
 309 
 
 371 
 
 39 
 
 
 
 21 
 
 75 
 
 12 
 
 352 
 
 516 
 
 
 
 
 
 Total 
 
 132 
 
 882 
 
 1,788 
 
 2,202 
 
 647 
 
 48 
 
 212 
 
 185 
 
 227 
 
 375 
 
 2,282 
 
 3,975 
 
 
 
 Note. — Colonel Porno has no staff. 
 General Dolet) ; his assignment asked. 
 
 Lieutenant Furlow is acting adjutant — formerly aide-de-camp to 
 
 * Lieut, Colonel J. J. Neely, commanding, 
 t Lieut. Colonel C. M. Jones, commanding. 
 1 Lieut. Colonel Jno. L. Moore, commanding. 
 § Major J. H. Burks, commanding. 
 
 II Captain J. M. Griffin, commanding. 
 if Captain C. E. Dyke, commanding. 
 ** Lieut. Colonel T. M. Turlow, commanding. 
 
 Report of number of men required daily for duty as guard at stockade, in 
 batteriesy to working squads of prisoners, to wood squads, as provost guards, 
 Sfc., Sfc. ; also number of men on duty inside of stockade. 
 
 
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 Day guard at stockade _ 
 
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 156 
 
 Day reserve at stockade 
 
 80 
 
 Night reserve at stockade 
 
 110 
 
 Guards witli wood, squads for stockade 
 
 100 
 
 Guards at batteries 
 
 30 
 
 
 4 
 
 75 
 
 Outlying pickets 
 
 38 
 
 Bridge guard, &c 
 
 
 10 
 
 
 
 45 
 
 Hospital guards 
 
 1 
 
 4 
 
 69 
 
 
 
TRIAL OF HENRY WIRZ. 
 
 287 
 
 RECAPITULATION. 
 
 
 
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 132 
 
 282 
 
 1,788 
 7i3 
 
 1,075 
 
 2, 202 
 
 
 15 
 117 
 
 56 
 226 
 
 784 
 
 
 
 TTnarmed .... ...... ..-- .-.- .-.. .... .-.. ........ ... 
 
 l,4l8 
 
 
 452 
 
 Tn case of emerjyeTicv ("arnaed^ ......... _ ..... 
 
 
 
 
 966 
 
 
 
 
 
 
 EespectfiiUy submitted with inspection report : 
 Anderson, Georgia, August 5, 1864. 
 
 JOHN H. "WINDER, Brigadier General. 
 D. T. CHANDLER, A. A. and I. G. 
 September 8, 1865. 
 
 C. M. Selph, recalled for the prosecution : 
 
 (Exhibit 26 being shown to witness.) I identify that as one of the enclos- 
 ures of Colonel Chandler's report. 
 
 APPEAL OF GENERAL WINDER FOR LABORERS, TEAMS, ETC., TO COMPLETE 
 THE FORTIFICATIONS AT ANDERSONVILLE. 
 
 (Another paper was here exhibited to witness.) 
 
 This document is another enclosure of the same report. 
 
 The Judge Advocate. I propose to offer this in evidence to show mainly 
 that General Winder had power to make impressments which he ought to have 
 done for the purpose of alleviating the sufferings of the prisoners. 
 
 (The document was admitted in evidence. The following is a copy :) 
 
 AN APPEAL. 
 
 To tfie citizens of Macon, Taylor, Randolph, Schley, Tcrrel, Baker, Calhoun, 
 Lee, Sumter, and Dougherty counties : 
 
 Prominent citizens have suggested that the agricultural interests of the coun- 
 try would be promoted by an appeal to the people to furnish at this time, labor 
 enough to complete at once the fortifications at this post. 
 
 I am informed that the farming communities can better spare their entire force 
 at this particular season, than a small portion at a later period. The fortifica- 
 tions at this post must be constructed at once. The safety of the very country 
 and people upon whom I call, and the welfare of the government, demand that 
 it shall be done. 
 
 The engineer in charge says that with two thousand (2,000) negroes, properly 
 supplied with axes, spades, and picks, and supported by the req[uisite number 
 of wagons and teams, he can complete the work in ten (10) days. Each owner, 
 so far as is practicable, will send these implements with his negroes. The coun- 
 ties above mentioned are rich and populous. I appeal to the people to send at 
 once the req^uired force, and save themselves from the necessity of impressment. 
 
238 TRIAL OP HENEY WIKZ. 
 
 Whether the works are completed or not, the negroes shall be returned to secure 
 fodder, &c., &c. 
 
 Two thousand negroes and fifty wagons and teams are required. Provisions 
 and forage are scarce, and each owner will send food and forage for his hands 
 and horses. 
 
 So far as can be foreseen, this will be the last call made upon the people for 
 this post. I have authority to make impressments, but the patriotic response in 
 the late emergency makes it desirous, if possible, to avoid the exercise of this 
 \power. 
 '^ JOHN H. WINDER, 
 
 Brigadier General. 
 
 Camp Sumtkr, Anderson, Georgia, July 27, 1864. 
 
 THE DISPOSITION OF THE KEPORTS SHOWING THE CONDITION OF THE ANDEK- 
 
 SONVILLE PRISON. 
 
 Cross-examined by Counsel : 
 In my indorsement on the report of Colonel Chandler I referred to the ex- 
 tracts of that report. Those extracts wei-e sent to the chiefs of the different 
 bureaus. The extracts are marked with the bureaus to which they were re- 
 ferred. I heard from the chiefs of those bureaus after sending the extracts, but 
 what it was I don't recollect. My impression of what I heard is so slight that 
 I don't think it would amount to anything. I cannot state from what bureaus 
 I received responses ; it was impossible for me to tell the action on the differ- 
 ent extracts, when probably I sent thousands of them out. I have an impres- 
 sion that answers were received ; but the effect of those answers I don't recol- 
 lect. So far as I recollect returns were received from all the bureaus. I recol- 
 lect that in the case of the surgeon general, the hospitals at Andersonville 
 were ordered to be placed on the same footing, and to receive the same quantity 
 of supplies as the hospitals for our own soldiers. Extracts were made, and 
 answers fx'om the different bureaus were required to be returned with the ex- 
 tracts themselves. The extract to the surgeon general was returned with an 
 indorsement to the effect that he had so instructed. This was suggested by the 
 extract referred to. I do not know where that leport is. I cannot tell about 
 what time I sent those extracts to those bureaus. I cannot tell the month un- 
 less I should take it from the date of the report itself. I think it was made im- 
 mediately after receiving these reports. I would make extracts and send them 
 to different bureaus immediately after their return from the secretary of war — 
 immediately after the return of the report and enclosures. I sent these to the 
 secretary of war immediately upon perusing the papers, probably the same 
 day or the day afterwards. It would depend upon the importance of the papers 
 and the activity of the secretary of war, how long before they would be re- 
 ceived back after being sent there. It is a question I cannot decide. Sometimes 
 it would be a week, but frequently they would be returned the same day. I 
 think that report was sent to the secretary of war the day after it was received. 
 Considering the importance of all these papers, the question, how long would 
 it probably be before they would get back again ] would be answered accurately 
 by the indorsement ; I suppose within a week. I cannot state how many 
 days, not more than a week ; it might be less. In some cases we made extracts 
 before sending them to the secretary of war. I presume that some of these 
 extracts were made before sending them to the secretary of war. I don't think 
 I can answer the question whether the one sent to the surgeon general was 
 sent before or after they went to the secretary of war ? I have no impression 
 about it. If the adjutant general had the power to correct the evils reported, the 
 extracts would be sent, or directions made before sending to the secretary of 
 war, if it needed the authority of the secretary of war, when the report 
 
TEIAL OF HENRY WIEZ. 239 
 
 ■would be sent to him for his instructions. Some of these papers required the 
 sanction of the secretary of war and some did not, I believe. I have means 
 qf forming an opinon as to the t^'me when the report was received back from 
 the surgeon general ; his indorsement will show that. It is very probable that 
 the enclosure to Colonel Chandler was enclosed with the extract of the report. 
 I do not know whether the extract sent to the surgeon general was ever re- 
 ceived back. I have said that my impression was that it was received back 
 with an indorsement ; that is my impression now. On looking at the back of 
 this paper, I find no indorsement from the adjutant general's office referring it 
 to the surgeon general's. From that I presume that this was an enclosure to 
 the extract. 'J^he extract contained the indorsement of the adjutant general's 
 office referring it to the surgeon general, and he returned this paper with his 
 indorsement. He may, or may not, have sent back the extract. I cannot state 
 positively whether there was any indorsement on the extract ; but either on 
 that particular extract or on some other extract of the same nature in that re- 
 port, or some paper with reference to that report, there was an indorsement to 
 that effect. 
 
 (The indorsement in pencil on the report of Surgeon Isaiah H. White, signed 
 S. D. Moore, was here read to witness.) 
 
 That is to the same eifect as the indorsement to which I referred in speaking 
 of the response of the surgeon general to my indorsement. The papers will 
 show much better than my recollection. I refer to the papers that grew out of 
 the nature of that report, not referred to in the report. I have seen those 
 papers ; they were in my hands, in the adjutant general's office. I have not 
 seen any of those papers in the hands of our (this) government. The govern- 
 ment did not take possession of the papers in that department to my knowledge. 
 The papers were sent off from Richmond, and I don't know what became of 
 them. I have no means of telling about what time this report was returned to 
 me ; my recollection is very confused on these questions. It would be few days 
 after the extract was sent. Toiir questions will necessary elicit contradictions 
 from me because my memory is very confused on these points. I have no accu- 
 rate knowledge of the channel through which the orders of the surgeon general 
 passed to arrive at Andersonville, what bureaus they had to go through, nor 
 how long it would take. My general knowledge would lead me to say that it 
 went direct from the surgeon general to any chief officer of his department at 
 Andersonville. I have no knowledge from that office whether any was sent 
 from him except by this report ; I don't recollect any. I have no knowledge 
 whether they were ever sent at all, except from this report. 
 
 (The report of Colonel D. T. Chandler was here shown to witness.) 
 
 This memorandum states that extracts were made for the commissary gene- 
 ral. Those extracts were sent to the commissary general alone. I don't know 
 whether any return from that extract was received. 
 By the Judge Advocate : 
 
 When I stated that those extracts were sent to the chiefs of the different 
 bureaus, I meant to say that I sent them myself. 
 
 LIEUTENANT COLONEL CHANDLER'S INSPECTION OF THE PRISON— ITS CONDITION- 
 GENERAL winder's BITTERNESS TOWARDS THE PRISONERS HIS FAILURE 
 
 to alleviate their sufferings, etc. 
 
 September 9, 1865. 
 
 D. T. Chandler, for the prosecution : 
 
 I was in the service of the confederate government from February, ]863> 
 until the close of the war. I held the appointment of lieutenant colonel in the 
 adjutant general's department, and latterly was assigned to duty as inspector gen- 
 eral. I was the officer who made the report signed " D. T. Chandler," which 
 
240 TRIAL OF HENRY WIRZ. 
 
 was read to the court yesterday. I have no retraction whatever to make in re- 
 gard to the condition of tlie prison at Andersonville, as represented in my report. 
 I devoted about a week, something less than a week, to an inspectioii of that 
 place. The report was based upon information conveyed to me in official com- 
 munications from General Winder and the officers of his staff, inspection of the 
 books and papers, the records of the different offices of that post, and actual in- 
 spection of the troops, the stockade and the hospital. I will further state that 
 rX had some conversation with the prisoners in the stockade. I noticed that 
 'General Winder seemed very indifferent to the welfare of the prisoners, indis- 
 ' posed to do anything, or to do as much as I thought he ought to do, to alleviate 
 . their sufferings. I remonstrated with him as well as I could, and he used that 
 language which I reported to the department with reference to it, the language 
 stated in that report. 
 
 r?- 
 
 V 
 
 By the Court : 
 What particular language do you allude to? 
 A. When I spoke of the great mortality existing among the prisoners, and 
 pointed out to him that the sickly season was coming on and that it must neces- 
 sarily increase unless something was done for their relief — the swamp, for instance, 
 di-ained, proper food furnished them, and in better quantity, and other sanitary 
 suggestions which I made to him — he replied to me that he thought it was better 
 to let half of them die than to take care of the men. I would like to state to 
 the court that before he used this language to me, my assistant, who was with 
 me, Major Hall, had reported to me that he had used similar language to him, 
 made use of similar expressions. I mention this to show the couit that I am 
 not mistaken ; that my recollection is clear. My assistant. Major Hall, had re- 
 ported to me officially that General Winder had used this language in conversa- 
 tion with him about the prisoners. I told him I thought it incredible ; that he 
 must be mistaken. He told me no ; that he had not only said it once, but twice, 
 and, as I have stated, he subsequently made use of this expression to me. 
 
 By the Judge Advocate : 
 I spoke to Captain R. B. Winder relative to the affairs of his department, and 
 examined his books. (To the court.) He was quartermaster. I looked into his 
 means of transportation ; saw what he was doing in the way of erecting a bake- 
 house or furnishing facilities to Captain Wirz to do so. I talked with him ofli- 
 cially about the affairs of his department, and he made known his wants to me, 
 the difficullies under which he labored, and showed me the efforts which he had 
 made to procure transportation and other supplies ; he showed me his letter- 
 book with the requisitions in it. He was not the son of General Winder — I 
 believe his cousin. W. S. Winder is the general's son. 
 
 Q. In your report you also speak of a great many things which might have 
 been done and were not done, and censured General Winder for that reason. 
 Will you state what it was in the power of General Winder at that time to do, 
 to alleviate the sufferings of the prison ? 
 
 A. Shortly after my arrival at Andersonville I rode round the stockade and 
 examined the swamp formed by the stream which flowed through the sinks. It 
 was very offensive, and I requested General Winder to have an examination 
 jjiade, with a view to draining it. At my suggestion, he detailed Colonel Har- 
 f' pie, I think, a civil engineer by profession, and directed him to make the exam- 
 ination and report, lie did so, with a plat showing a stream a few hundred 
 yards off on lower ground by which the place might have been easily drained, 
 Tliat would have materially improved the condition of the prisoners as to health. 
 I think more wood might have been furnished. I could have done it with the 
 same transportation, and if nothing else could have been done I would have 
 turned the prisoners out, with troops to guard them, and made them bring it in 
 on their shoulders ; and I should have removed the cook-house a great deal earlier 
 
TRIAL OP HENRY WIRZ, 241 
 
 than it was done, fromf the stream on which it stood, and placed it where it sub- 
 sequently was removed and where they were about removing it then, on another 
 stream in the vicinity that did not flow through the stockade. I think the com- 
 missary might have been compelled to purchase some green corn. That might 
 have been had in limited quantities, I think, from consultation with the oiScers 
 there. I saw plenty of it, and cabbages in limited quantities might have been 
 had. There was no way of constructing rude shelters ; I don't think it could 
 have been done. There was not room to construct them. They had a plan and 
 were trying to get lumber to put up barracks, but the difficulties they labored 
 under were so great they could not get it. In the crowded condition of the 
 place I don't think there was room for them to put up much shelter. I made 
 an estimate in my report that, exclusive of the swamp and streets, &c., there 
 was left about six square feet to a man, I think. That estimate was based upon 
 a sketch furnished me by the engineer corps at my request. I calculated the 
 area they laid down, and divided it by the number of prisoners. I mean six 
 square feet, not six feet square. That was the calculation I made. The report 
 itself will show if it is correct ; it gives the area and the number of prisoners. I 
 may be mistaken in my calculation, but I think not. (To the court.) Six feet 
 long by one foot inside, excluding the ground that ought not properly to have 
 been occupied, though they did necessarily occupy some of the swampy 
 ground. I think he (Greneral Winder) might have compelled the medical offi- 
 cers who were attending the stockade to reside at the post ; they did not do so'J 
 By the Ooort : 
 
 I think that my report states that there were fifteen or eighteen medical officers 
 attending on the stockade, exclusive of those in the hospital. There was one 
 suggestion which I made to the doctor which he readily carried out. It was to 
 the effect that inasmuch as they were so crowded inside the stockade, that a 
 great many men who were sick there could not receive medical attention, it 
 would be an act of humanity to take them out of the stockade and lay them in 
 the hospital under the trees, if they could do no better; and acting on my 
 suggestion, I think some 900 prisoners were moved out and placed where they 
 could have some pure air and not be so much crowded. 
 By the Judge Advocate : 
 
 I also urged on the department the removal of General Winder as the 
 radical cause of many of the difficulties there. I believe that with another head 
 of the establishment, a good deal might have been done. He had not the in- 
 clination to exert himself I also recommended the removal of the assistant 
 commissary. I did not see him myself, but from the representation, made to me 
 of his physical condition and an examination of such books and papers as I 
 could get hold of in his department, I was satisfied of his inefficiency, want of 
 experience, and physical inability for his position. (To the court.) I think his 
 name was Armstrong. He was absent, sick, at the time I was there. I also 
 recommended additional transportation to be sent to them and authority to im- 
 press saw-mills for the purpose of constructing those barracks. I don't recollect 
 all my recommendations,. but the report shows for itself. Facts have come to 
 my knowledge in relatioii to Captain Wirz of which I had no suspicion at the 
 time I recommended him as an efficient officer. He seemed to me to be ener- 
 getic and industrious and attended to his duties, and I neither saw nor heard 
 anything to indicate cruel treatment of the prisoners on his part, and I made 
 some inquiries about it. I will explain to the court. I have been a prisoner 
 myself, and I know the unwillingness of prisoners to make complaints in the 
 presence of those who have power over them, and for that reason, I took the 
 men aside and questioned them so that Wirz could not hear me as to any com- 
 plaints they had to make, and none of them made any complaints against him. 
 The complaints were mostly of insufficient food, of want of shelter, and want of 
 
242 TRIAL OF HENEY WIRZ. 
 
 clothing ; no complaints Vere made about him to me. I cannot speak posi- 
 tively as to my recollection of paragraph 4 of the rules submitted by Captain 
 Wirz which I did not approve. My impression now is, that it had reference 
 to punishing men who attempted to escape. I remember having a conversation 
 with General Winder on this subject and calling his attention to the fact that 
 it was the duty of a soldier to his country to escape if he could, and that it was 
 his duty to keep him, to prevent his escape, but not to punish him for doing 
 his duty, and he concurred in that. I think that was the paragraph referred to. 
 I think that 'General Winder was not promoted to the supreme command of 
 military prisons within two and a half months from the time I made my report. 
 He was. made commissary general of prisons after I made my report. Whether 
 you call it promotion or not, I don't know. It gave him control over a larger 
 number of prisoners, but removed him from immediate command of them. I 
 was away for about two and a half months. I went to the western army, 
 General Hood's army, and travelled through the southwestern States I 
 returned to Richmond, I ihmk, in the latter part of October. I understood 
 then that a commissary general of prisoners was to be appointed, and that 
 General Gardner was the officer selected. He was then commanding the 
 city of Richmond. I met him and spoke to him about the matter and he 
 said, yes, it was so. He did not want the place and wanted me to accept 
 it. 1 declined it ; I did not want it myself. I went to southwestern Virginia 
 on other duty, and shortly after arriving there I saw an order published 
 appointing General Gardner, which was followed a few days after by another 
 order appointing General Winder, constituting him commissary general of 
 prisoners. On my return to Richmond in October, I spoke to Colonel Chilton, 
 chief of the bureau, with reference to my report and he told me that it had not 
 been acted on, that it was still on the secretary's desk. I returned again to 
 Richmond the first week in February and found from the same source that it 
 had not then been acted upon. The former secretary of war had been relieved, 
 and General Breckinridge appointed secretary. At my instance Colonel Chilton 
 urged the department to take the matter up, for the reason that General Win- 
 der had rather denied the correctness of some statements that I had made, and 
 I made a counter report, furnishing evidence of the accuracy of my report I 
 went myself to Judge Campbell and asked him to take it up, and he promised 
 that he would do it. I do not believe it was ever taken up ; that is to say, I 
 do not think it ever was decided. Judge Campbell might have been consid- 
 ering it at the time of the evacuation. I have no evidence of its having gone to 
 the President ; on the contrary I have reason to think that it did not. I don't 
 pretend to say that I think the President did not know that there was a prison 
 at Andersonville and the condition in which it was. I speak only of my in- 
 1 dividual report and the accompanying papers. 
 
 — ^he stream which flows through the stockade is formed by two smaller streams 
 which meet some hundred yards, as well as I remember, before entering the 
 stockade. The banks of that stream are hilly, and there were troops, the Georgia 
 reserves, camped on it, and the washings from the camps came down into the 
 stream and flowed through the stockade. I pointed that out to General Winder 
 as wrong, and before I left there he had moved one regiment and the other was 
 under orders to move. I made no recommendation with reference to it. The 
 men themselves complained of the stench arising from the vicinity of the stockade. 
 I should think that after General Winder had been made commissary general 
 of prisoners, he reported to the war department through the adjutant general. 
 I suppose he was appointed by the secretary of war. The order was dated 
 war department and was signed by the adjutant general. 
 By the Ootjbt : 
 It was signed by the adjutant general by order of the secretary of war, 1 
 think. I don't recollect now distinctly whether the order was dated war de- 
 
TRIAL OF HENRY WIRZ. 243 
 
 pai'tment or adjutant general's office, but I think the war department. I 
 remember the preamble was " Brigadier General John H. Winder is constituted 
 commissary general of prisoners." It' did not say by the direction of the pres- 
 ident or by the direction of anybody. 
 
 Cross-examined by Counskl : 
 I was ordered by the war department to proceed to Andersonville and make 
 an inspection of the post and prison at that place. The adjutant general of 
 the army ordered me there by orders of the war department. General Cooper 
 was adjutant general aild Mr. James A. Seddon was secretary of war. I was 
 ordered to go there on the 26th July, 1864. I think I left for there on the 27th. 
 I think the order was dated the 26th. I arrived there about the 29th, either the 
 29th, the 30th, or the 31st of July. There was some little delay on the road, 
 and I do not remember the exact time I got there. My report was dated the 
 5th of August. 
 (The report was referred to and found to bear date July 5, 1864.) 
 That is a mistake. It is indorsed August 5, " 1864." I left Richmond on the- 
 27th of July. The report is not in my handwriting ; it is in the handwriting of 
 my assistant. Major Hall. He made out the report from my notes and a rough 
 copy that I made. He did it in my presence. My rough report was abbrevi- 
 ated in many respects. Not much of it was filled up by my assistant. This 
 copy is in fact my own report from the original, and the mistake in the date is a 
 clerical one. When I arrived at Andersonville I first consulted with General 
 Winder, the commandant of the post and prison. I cannot say how long he 
 had been in command — several months, I know. His whole duty as command- 
 ant of the post, in regard to the prisoners, was to keep them safe, to have them 
 taken care of properly, protect them, defend them, prevent them being recap- 
 tured. He commanded all the troops there ; the commissary and all the officers 
 wereuhder his control — all his staff officers and the prison-keeper. I don't know 
 what authority he may have delegated to those officers. Any orders which they, 
 may have issued would be made by his direction, and he would be responsible 
 for them. I inspected the stockade the evening of the day I arrived there. I 
 rode over towards some of the camps of the troops, and in doing so passed near 
 the stockade on the outside. I ascended the platform with Captain Wirz and 
 looked over in the stockade. I took a bird's^ye view of it. I did not go in- 
 side until next morning. The evening I took the bird's-eye view of it it seemed 
 to be very much crowded. I do not know that I can give the court a very accu- 
 rate idea of that crowded condition. The prisoners were moving about con- 
 stantly ; in some places it was as crowded as this room is ; other places would 
 he hare. There seemed to be very little space in the stockade that was not oc- 
 cupied ; except the swamp, I should not think there was a half, or one quarter, 
 or one eighth of an acre. It was crowded to excess. That was after the stock- 
 ade had been enlarged. I had a view of the stockade and also of its enlarge- 
 ment. At the time I was there, these sheds (pointing to the diagram) were not 
 in it ; they were getting the timber for that purpose. That is the southwest 
 corner. I do not think those in the northeast corner were up. There was an 
 ouler line of picketing ; it was used at sick-call. The sick passed through the 
 gate from the inner stockade, and there were sentry boxes arranged along out- 
 side where the surgeons were. The stockade was made of hewn pine timber, 
 five inches thick ; I think there was one tier of posts sunk five feet in the ground, 
 and a beam about two-thirds of the way up to keep them together. The beam 
 was on the outside of the stockade, at the place they used to go at sick-call, so 
 that the men could come from the inner stockade to where the surgeons were, 
 without getting out of the enclosure. That was when I first saw it, I think. I went 
 inside of the stockade and made my inspection the next day. As well as I now 
 remember, there was a little sort of shanty there for a sutler's store ; I cannot 
 
244 TRIAL OP HENKY WIEZ. 
 
 describe it ; it was a sligh't thing, and there were little stalls which some of the 
 mea had, where they were peddling pies. There were a great many of those 
 stalls ; it was so crowded that you could not see much without going over every 
 foot of it. They did not have many stores in those places ; they consisted of 
 simply pies. I think the men made them themselves and retailed them to their 
 comrades. They were made of unbolted corn-meal. There was no flour, I be- 
 lieve, issued in the stockade. I suppose I was inside the stockade several hours. 
 There was no hospital building inside there that I remember. I do not know 
 that there ever was any in the stockade ; I did not make inquiries as to that 
 fact. The hospital was detached at the time I was there, and J made no. inquiry 
 about there having been a hospital there. I made inquiries about medicines, and 
 if medical attendance was furnished inside. I did not see any surgeons inside. 
 There was no place for them to be inside that I saw. They did not go inside 
 at all to see the patients that I know of. I believe they were not required to go 
 inside to see patients. I understood from the senior medical officer that they 
 went to those little sentry-boxes that I spoke of, at sick-call, and the sick were 
 brought out to them, andthat small quantities of medicine were furnished to the 
 sergeants of squads to be used in case of emergency inside the stockade. I 
 have seen one of those sick-calls. The sick seemed to be crowding there by 
 thousands. They did not all seem to be requiring medicine. A great many 
 were cari-ying their sick comrades out in blankets. I can only speak of the 
 supply of medicine from the information I derived from the medical director. 
 He told me the supply was insufficient, and that many articles they could not 
 get at all. I cannot judge whether there were surgeons enough there to attend 
 to the great number of sick if they had had the medicines. I should think, 
 however, there wei-e not. I knew the number of surgeons there, but it was im- 
 possible to find out the number of sick. They could not tell me. They said 
 there were many men sick who were never brought out by their comrades ; many 
 would die whom the doctors would not have on their lists. I cannot say whose 
 fault it was that the physicians did not go inside and attend to them, or why 
 they did not do it. I received no information on that point. 1, did not make 
 any inquiries why they did not go inside and attend to them. I reported the 
 fact that they did not in Richmond. I had no authority tp order them in. It 
 occurred to me that it was negligence and that it ought not to be allowed, and 
 therefore reported it. I asked, while I was there, if any physicians went in- 
 side, and was told no, that they sent small quantities of medicines to the ser- 
 geants of squads. An order for the surgeons to go inside would properly have 
 come, I should think, from the senior surgeon. I suppose their not going in 
 was owing to the negligence of the senior surgeon in not giving the order, 
 lliere were no facilities inside there for them to have prescribed if they would 
 have gone in. They could have gone in and found out if there were any sick 
 or dead there ; it was their duty to do it. I ought to state that the reason why 
 the sick were not all moved out was that they had not the accomodations for 
 them. The surgeon knew that there were a vast number there who ought to be 
 in a hospital, but he had no hospital ; the hospital was crowded. I never knew 
 or heard of any of them refusing to go in when they had been directed to do 
 BO. I stated in my report that they were mostly contract surgeons, and that 
 they were inefficient. I based that report on the statements of the senior sur- 
 geon. He informed me that they were rather indifferent to their duties. I can- 
 not state whether they understood the nature and mode of treatment of the dis- 
 eases found there. I made my report on the statement of the surgeon-in-chief 
 as to their inefficiency ; that was not part of the information given me. I do not 
 know anything on that point. I recommended that they should be removed 
 and regular surgeons sent there, because I believed that they would feel more 
 interest in their duties than men who had only accepted those places to keep 
 out of the ranks of the Georgia reserves. I think Surgeon Sheppard belonged 
 
TRIAL OF HENEY WIEZ. 245 
 
 to the provisional army. I stated that he had charge of the small-pox hospital. 
 I did not visit it. I obtained my information about it from the oiKcial records 
 of the hospital department. I had no personal knowledge of how he performed 
 his duty. It was reported to me that he was a very old and feeble man, and 
 the surgeon-in-chief considered him inefficient. The fact that more than half 
 of the cases terminated fatally would go to prove it. The fatal termination 
 of the cases resulted more from his age and inefficiency than from neglect, 
 I should think. I did not discover at the hospital any wilful maltreatment 
 or neglect to the prisoners. On the contrary, I noticed in the hospital a 
 great deal of order and system and a desire to do all they could for them, 
 considering their limited means ; it was well policed and every attention 
 seemed to be paid to it. I did not state that there was any neglect in 
 the hospital that I recollect. I saw a great lack of attention to the prisoners 
 in the stockade — in the stockade, not in the hospital. The surgeon who 
 attended to the stockade were a different set of surgeons. I cannot say from 
 recollection how many surgeons were assigned to the duty of attending to 
 those who came out of the stockade at these little medical posts ; I think my 
 report speaks of the number 15 or 18. Those whom I mentioned in my report 
 had nothing whatever to do with the hospital ; that was another branch entirely. 
 These were generally regular surgeons ; my report did not refer at all to the 
 regular surgeons of the hospital ; 1 think you have misunderstood me. 1 stated 
 that a great many of these prisoners died inside the stockade who were not 
 brought out to the surgeons by their comrades. I do not think I stated that 
 those who were brought out were neglected. I stated that there was a great 
 want of care generally over them ; I cannot judge whether that want of care 
 came from any wilfulness on the part of the surgeons, or whether it was from 
 their inefficiency and from their not knowing what to do. I noticed the general 
 conduct of Captain Wirz while I was there. (Witness pointed out on the diagram 
 where his headquarters were, near the fortification.) Tliat was a field-work. His 
 tent, I think, was somewhere in that vacinity — up on the hill. I do not know 
 whether or not he was there during the nights ; 1 do not know whether he staid 
 at his office or his house. I reported that some of the officers ought to be re- 
 quired to remain there during the night ; this referred to those assistant surgeons 
 who practiced at the stockade ; I referred to them alone, not to others. I can- 
 not say that I had the opportunity daily, while I was there, of observing the 
 conduct of Captain Wirz with regard to the prisoners ; I had frequently ; I 
 have been at his tent ; I do not remember seeing any orders of his ; there were 
 printed regulations which he showed me in relation to the care and custody of 
 the prisoners ; I read them or heard them read ; there was one which I objected 
 to ; I have stated that my impression was, it had reference to punishing men for 
 attempting to escape ; I cannot recollect any others that I objected to ; I think it 
 quite probable that I mentioned to him that I did not like this-^that I thought 
 it was wrong ; I considered these orders as General Winder's, although Captain 
 Wirz's name was to them. They purported to be issued by his (General Winder's) 
 directions; and under his instructions ; I considered Captain Wirz merely the " 
 executive officer of General Winder's, in his particular branch of the business. 
 I think that General Winder's bitter feelings towards these men was such as to 
 render him indifferent as to taking any measure for their relief. I should think 
 the sufferings of the prisoners resulted more from his neglect to do what he might 
 have done than from acts of commission. I talked with him frequently ; I saw 
 him frequently — two or three times each day ; I think I had a good opportunity 
 for discovering his state of mind and his motives. I cannot say that I discovered 
 on his part any desire to inflict cruelties, but I saw, or I thought I saw, an in- 
 tention on his part not to exert himself to prevent their suffering, or to ameliorate 
 their condition, and I think that that intention not to exert himself came from a 
 hardness of feeling towards them. I do not think I discovered in his orders or 
 
246 TRIAL OF HENEY WIRZ. 
 
 in his directions to his staff officers or those under him, any disposition on his 
 part to impress upon them that they must he harsh and cruel. I did not learn 
 from any of his subordinates that he required that of them, nothing of the kind 
 whatever. I did not discover in any of his subordinates the same state of feeling 
 
 — wiiioh 1 discovered in him ; I did not talk with the commissary — he was. absent 
 sick ; I talked with the quartermaster ; Captain R B. Winder was quartermas- 
 ter ; he received his orders directly from General Winder ; I do not know what 
 latitude General Winder allowed his staff officers in the administration of their 
 duties. As far as I could discover I did not discover any unusual latitude 
 allowed them. I have no reason to believe that they had any unusual latitude. 
 I visited the quartermaster's establishment ; I visited the workshops ; they were 
 west of the railroad. I cannot say how many buildings or tents were inside of 
 the quartermaster's establishment. There was an old shed where they had the 
 carpenter's shop, a small place for a blacksmith's shop, and a small storehouse. 
 The old shed for the carpenter's shop was not larger than from this partition to 
 the door (about fifteen feet.) There were three or four men at work there. I 
 do not recollect exactly what they were doing ; I saw a small quantity of lumber 
 there ; as far as I recollect I do not think there were more than eight or ten 
 
 -^pieces of plank there ; I went all around ; I am not prepared to say that that 
 was all there was there : I Speak from my present recollection. Captain Winder 
 told me about the great difficulty he experienced in getting lumber, and showed 
 me by the requisitions in his letter-book the efforts he had made to get this 
 
 ' lumber. I cannot say how many letters or requisitions he showed me on that 
 
 ''Object. I read his whole letter-book in reference to the entire business. I 
 cannot state that I did in reference to this particular subject. He had apparently 
 been making efforts to obtain every kind of article tliat was needed from the 
 time he came there first until 1 came. Some of his letters, I think, were ad- 
 dressed to Major Dillard, chief quartermaster at Columbus, Georgia ; I am 
 pretty certain that his requisitions and letters requesting sheet-iron for bake-pans 
 were to Major Dillard ; I think none had been furnished ; on the contrary, he 
 has procured tin as a substitute, and he complained to me of the constant burn- 
 ing of the bread on that account. With regard to the sheet-iron, I recollect 
 seeing the quartermaster's reply, that they were utterly unable to furnish it. I 
 saw no tin there except what had been worked up into bake-pans ; I discovered 
 a large number of bake-pans about three feet square ; I cannot tell you how 
 many hiindreds of them — I have no idea ; they were all more or less used ; I saw 
 them at the bakehouse on the brook ; I saw the building which contained the quar- 
 termaster's stores ; it was rather a small affair, I think ; it was not 150 feet 
 long ; I do not think it was larger than this room ; it was up towards the depot ; 
 1 think it was the one generally spoken of as the quartermaster's store; I have 
 not heard the testimony given here in reference to the quartermaster's store- 
 house ; I heard the testimony in reference to the commissary's store ; I do not 
 think the quartermaster's storehouse was one-third as large as the commissary's. 
 I do not now recollect what was in the quartermaster's storehouse ; I cannot 
 say whether there was much of anything in it. I examined every public build- 
 ing about the place ; I have a very imperfect recollection of the quartermaster's 
 store, and cannot say what my impression about it is; if there had been a large 
 supply there I would recollect it, but like most of the storehouses that I inspected 
 in the country, there was very little in it ; I do not recollect what that little con- 
 sisted of; I know there were no tents; I inquired particularly about them; his 
 own room and a small stable wore connected with the quarternr-^t^ev's department. 
 I do "not recollect whether there was any corral connected with it ; I might not 
 have remembered it if there had been one with mules and horses in it ; there 
 must have been something of the Sort about there, but I cannot locate it now or 
 recollect where it was. I inspected the commissary building ; it consisted of one 
 long building ; I think there was no other place where tliey kept commissary 
 
' TRIAL OF HENRY WIRZ. 247 
 
 supplies ; it was a long building alongside of the railroad ; one end of it was 
 devoted to offices — there were two offices, I think ; I suppose it was considera-^ 
 bly over a hundred feet long, and about twenty-five feet wide ; I found very- 
 little in that building besides worm-eaten peas, which I condemned as unfit for use ; 
 they were not what we call "beans ; " they were black peas ; I have never seen 
 them here ; there was very little else — a few boxes of bacon, a little meal, and, 
 I think, part of a tierce of rice ; I do not recollect how many boxes of bacon 
 there were ; I took my data of the contents of that store from the commissary's 
 books ; I discovered from the books that often the supplies were short — that he 
 had not made his requisitions in sufficient time to keep up his supplies ; there 
 were no peas fit for use ; frequently, I think, the rice was out ; I do not think he 
 had any potatoes ; I do not think there were any in that country at that time ; 
 I think the meal was not short at that time ; they had been in the habit of 
 sending one or two car loads at a time as it was required, in consequence of not 
 having a storehouse to put it in ; this storehouse, as I understood, had been r 
 but recently erected. 
 
 To the Court : 
 
 The meal was sent partly from Macon and partly from Columbus. 
 
 The commissary had not the right to order the supplies for his own depart- 
 ment. I think tliat the officers at the government depots controlled that matter, 
 the commissary department. I cannot rememb'fer the names of those officers. 
 I have said that the commissary was sick. He had left the day before I arrived 
 there. He had been sick for some time, and had gone to Macon. He had not 
 been able for the time that he was sick to properly attend to his duties, I 
 should think, from the representations made to me. He was represented to me 
 as a man in very delicate health. I doubted whether he was ever fit for his 
 position. It was a very large command for one commissary to supply — four or 
 five regiments and 33,000 prisoners. I do not think that he had the physical 
 ability to go about as it was necessary he should do to get the necessary sup- 
 plies. He was represented to me as being in a decline, consumptive. I do not 
 know how miny teams there were in the commissary department. I was not 
 informed; A large part of his books and papers were locked up and he had the 
 key, so that I could not get at them. His letter-book and some few others were 
 out. I discovered what number of teams the quartermaster had at his command. 
 I knew at the time, although I have now no recollection of it. I cannot form 
 the slightest idea now. He had services to perform with those teams for the 
 whole camp, I think. I do not think they were adequate to what he had to do 
 with them ; I think not. I asked that more teams might be assigned to him. 
 I reported them inadequate. It struck me that there was a great deficiency. 
 I did not have the means of ascertaining what teams were connected with the 
 stockade — with the prison proper. My present impression is that he would 
 furnish them from day to day as they were required. I do not think they were 
 permanently assigned to that duty. I saw some of the teams myself. Some of 
 the wagons I saw, I think, were army wagons — I cannot say now what propor- 
 tion. I cannot say whether many of them were mere country wagons. I visited 
 the bake-house ; there was only one. I inspected it carefully. I found it in 
 good police, clean. The bread made there was as good as could be made, I 
 think, with the unbolted meal that was furnished them. They were cooking meat 
 there then. The new cook-house had not gone into operation. They were setting 
 the ovens in it. There were only two cook-houses when I was there — I cannot 
 say what was there afterwards. I cannot say how many men were at work 
 there at that time. I asked the men to show me the bread. I went in with 
 Captain Wirz. He went with me to show me these places. I did not converse 
 with them at any time when Captain Wirz was not with me. I discovered 
 nothing filthy around the bake-house or from there to the biook, except the 
 
248 TRIAL OF HENRY WIRZ. 
 
 .drippings from the baking, and that ran into the brook. I gave no orders in 
 regard to that. They were constructing a new cook-house. It was nearly 
 completed, and the cooking was to be transferred to it as soon as it was com- 
 pleted. They were intending to bake there until they could make other arrange- 
 ments. It would have made the water more or less unclean to have had this 
 establishment on the stream. I think the whole of the bake-house should have 
 been removed. I reported the facts which I have stated and called attention to 
 the fact that it fouled the water. I do not know who established it there. I 
 do not know how long it had been there. The other bakery did not in any 
 way affect the health of the residents in the stockade ; it was on another slope 
 of a hill and the washings from that ran off from the stockade. They were 
 digging a well at the new bake-house. I saw wells in the stockade. I cannot 
 say how many. I asked the prisoners abimt the water they had to drink. I 
 asked first, pointing to the stream, if that was the water they had to drink. 
 They said no, that they had wells. I asked them where they were and they 
 showed me wells here and there. I got them to dip out some of the water for 
 me, which I drank and found it good. It was warm but good. According to 
 their statement there seemed to be no scarcity of drinking water. The washing 
 water was filthy from the cook-house and the bake-honse. It was sufficient iu 
 quantity but dirty. I think from my inspection there, they could, by taking 
 proper care, have had ail the water they required by digging wells. I judge so 
 from the fact that they made no complaint about the water, although I questinni^d 
 them about it. They said they had plenty of wells which they had dug them- 
 selves. They seemed to be partly covered over, leaving a little hole. There 
 was nothing to protect them except that the men had covered them partially 
 over on top, as well as I recollect. I cannot say that the men suffered from their 
 own carelessness if they suffered for drinking water. I do not know what 
 materials they had for digging wells. There was no complaint. There was 
 none made to me of a want of water ; on the contrary they said they had good 
 water. I asked them if they had good water and they said yes. A quantity of 
 wells were shown to me. I got them to dip some water up and let me taste it 
 \ myself. 
 
 ' Q. Did you discover any information in reference to the prisoners burrowing 
 out? 
 
 The Judge Advocate. We will admit that they did make every attempt 
 possible to escape. 
 
 Mr. Baker. Will you admit it to the fullest extent ? 
 
 The Judge Advocate. Yes, sir, we will admit it to any extent. 
 
 Mr. Bakbb. Then I will not press the witness on that point. 
 
 "■"- By the Court : 
 
 I regarded General Winder as commander of'the post and prison. The medical 
 officers were under the orders of the chief surgeon and of General Winder. 
 They were under the immediate orders of the chief surgeon. I should not 
 think that Captain Wirz was responsible for the scarcity of the rations in the 
 commissary department. I can state positively he was not. He had nothing 
 to do with it and no control over it. General Winder was in command, with 
 Captain Armstrong reporting directly to him. General Winder was responsible 
 for the police regulations of the stockade. I do not know who drew them up. 
 They were signed by Captain Wirz, as commandant of the prison, 
 y — Q. So far as any verbal or written instructions from General Winder were 
 concerned, was there anything in them that permitted Captain Wirz to shoot a 
 man with his own hand without trial or examination 1 
 
 A. It depends upon what he shot him for. It depends upon circumstances, 
 as a man might be compelled to shoot in self-defence. 
 
 I do not think the power of life or death was given to him by any instructions 
 
TRIAL, OF HENEY WIEZ. 249 
 
 by General Winder. I have no reason to think that there was anything in 
 those instructions to allow him to go to that extreme. I do not know whether 
 there was anything in those instructions permitting him to establish a dead-line, 
 with orders unqualified to shoot anybody who might cross it. I suppose that 
 the dead-line was established, certainly with the knowledge and consent, if not 
 by the direction of General Winder. The instructions touching it, I suppose, 
 came from General Winder. I do not know. I know that' he was responsible 
 for them. The orders weresigned by Captain Wirz. The regulation in reference 
 to the dead-line was printed. I do not recollect its language. I do not recollect 
 whether it had qualifications in reference to who might cross the dead-line. I 
 was in hopes that it was with those papers. I forwarded it with those papers. 
 I do not recollect the language of that regulation. I think it was to the effect 
 that any man crossing the line would be shot, without any qualification at all. 
 I do not know with what materials the men dug their wells, nor whether they 
 had obtained permission to dig them and had been furnished materials. Captain 
 Wirz was present when they showed them to me and be seemed cognizant of 
 the fact. They did not complain of any want of water. ' I supposed that every 
 little squad had dug its own well. I do not know whether they allowed others 
 outside of their squad to take water from their well. I do not know whether 
 they forbade them or not. As I stated, I asked the man if they had anything 
 to complain of and they made no complaint in reference to the water ; Captain 
 Wirz not being present. As I stated, I took particular pains to question the 
 men ; Captain Wirz not being present. I understood when they said they had 
 plenty of water that there was water enough for drinking purposes for the whole 
 encampment. I understood that for drinking purposes there was enough for 
 all — for the whole 33,000. I spoke to the men at random, here and there, 
 throughout the stockade, in order to get general information from them. I went 
 to the bake-house and saw the bread baked of unbolted meal. It was not 
 ground with the cobs. It was unbolted. I tasted the bread. I do not think 
 it was sour. I think the bread would be good for men in health. I was at the 
 bake-house twice. I tasted the meat which they were cooking. It was like the 
 meat everywhere in the country, very rusty. I cannot say how many wells I 
 saw in my inspection of the stockade. They were numerous. Arlsaid before, 
 none of those prisoners made any complaint of want of water, and when I had 
 spoken to them about the water, and they said they had very good water, my 
 attention was not attracted any further to that. I noticed myself the water in 
 the stream and observed that it was unfit for washing purposes. The wells 
 were scattered around the stockade, both on the north and south side. I know 
 that spring (referring to one on the diagram) was inside the dead-line. I am 
 pretty certain there was no spring between the dead-line and the picketing. 
 It was on the other side of the dead-line in the portion occupied by the prisoners. 
 Iheard nothingof any privations imposed by Captain Wirz's order in consequence 
 of men sonietimes escaping, when he would punish the men by hundreds and 
 deprive them of provisions for two or three days in the week. I heard no allu- 
 sion to anything of the sort. The ration was the same as was issU' d throughout 
 the confederate service to troops in the field — the same exactly as to tr(jops 
 engaged in active service. I do not know whether the njen in the stockades 
 actually received that allowance. I do not pretend to say they did ; I endeavored 
 to ascertain, but I could not get the commissary's abstract of issues. I asked 
 the men what they got and they showed me their ration. It looked small to 
 them, but it seemed to me to be the amount. In quality it wa* the same as 1 
 had been in the habit of eating myself They were in the habit of issuing un-- 
 bolted meal even at the hospital. It was impossible to get sieves to bolt the 
 meal at the hospital. Even at Macon, Columbus, and elsewhere, it was so. 
 Some few of the hospitals had obtained small hand sieves to bolt their meal, but 
 
250 TRIAL OP HBNEY WIRZ. 
 
 the generality of them had unbolted meal. There were no sieves in that part of 
 the country. 
 
 By the Judge Advocate : 
 
 I have given it as my opinion 'that Captain Wirz was not responsible ' for the 
 rations issued to the prisoners. I am positive of that ; I do not know whether 
 he exercised any control over the rations ; 1 do not know what authority he may 
 have had from General Winder on the subject. 
 
 Q. Then how can you say so positively that he had no control ? 
 
 A. I misunderstood the question ; I supposed that it was in reference to the 
 amount of the ration ordered to be issued. 
 
 Q. You stated to the counsel that Captain Wirz was not responsible for the 
 ration 1 
 
 A. I meant by that that he was not responsible for establishing the ration, 
 ^ pound of bacon and 1 J pound of meal. He was responsible, I should say, for 
 the amount which the commauding officer ordered the commissary to issue and 
 which the commissary actually issued. He was responsible that that amount was 
 turned over to the prisoners. I do not know whether General Winder author- 
 ized him to stop the rations under certain circumstances. 
 By Counsel : 
 
 I think I recollect Captain Wirz saying to me that he had tried to get the 
 commissary to issue to them bolted meal or sifted meal. He spoke of his inabil- 
 ity to get the bolted meal ; I think that both he and the surgeon did ; I cannot 
 say that he said anything to the effect that it caused patients to die more fre- 
 quently of diarrhoea. The fact was brou^^ht to my notice, but I am under the 
 impression it was done by the surgeon ; I remember that the fact as to the un- 
 
 r sifted meal was particularly called to my attention. Everywhere that I inspect- 
 ed the same complaint was made. Captain Wirz certainly seemed to me, while 
 I was there, to desire that the prisoners should be treated better jind have more 
 accommodation. He left that impression on my mind. If Captain Wirz was 
 responsible at all I expect his responsibility would commence at the commissary 
 storehouse. I should consider that he was responsible that the commissary 
 issued the amount which the return called for. It was then in his charge and 
 remained so until it was put in the hands of the prisoners ; I do not know any- 
 thing about his complaint of those who worked at the bakery not sending in to 
 the prisoners the amount which they ought to send. I have no recollection of 
 \ his making such a complaint. 
 By the Oouet : 
 I do not think General Winder was in command of the post during the whole 
 of 1864. I do not recollect the date at which he was relieved from command 
 of the department of Henrico, as it is termed — the department of Richmond. I 
 know it was in 1864 ; I do not know what month. The post commander 
 always exercised command over the prison through his executive officer. I met 
 General Winder on that visit; he was there all the time I was making an iu- 
 spection ; I found him there. 
 
 September 9, 186.'>. 
 John Pasgue, for the prosecution : 
 
 I am in the service of the United States as seaman in the navy. I was a pris- 
 oner at Andersonville from January, 1864, to the 8th of September, 1864. I 
 was then in the navy ; I was taken at Fort Sumter on the Sth of September, 
 1863. I know Captain Wirz. 
 
 the chain-gang. 
 
 I saw the chain-gang while I was at Andersonville ; I never was put in it 
 myself. I have seen men chained with a 32-pound solid shot on one leg and a 
 
TRIAL OF HENRY WIRZ. 251 
 
 68-poiind sliot attached right in the middle of the four men with chains to the 
 other leg — chained to all of them. I cannot state exactly how they were fast- 
 ened, because I have forgotten it. Their hands were not manacled ; they had 
 power to lift the balls up; as they walked they had to keep hold of both balls. 
 I know that one man died in the chain-gang some time in July, 1864. They 
 said he was kept there two hours after he was dead. I saw the man after he was 
 brought out of the chain-gang, and I saw him when he was put in it. I did not 
 ■see him taken out of the chain-gang, but I saw him after he was dead and taken 
 to the hospital. I was in the stockade ; I came to the hospital with a corpse, 
 which I was taking to the dead-house. The man had been in the chain-gang 
 seven or eight days, as far as I can tell ; I got my information that he died in the 
 chain-gang from my own eyes. I saw him when he was brought to the hospital, 
 and I saw him in the chain-gang. I did not take notice whether he had marks 
 on his person ; I do not know any more about that man ; when he was taken 
 out the chain-gang was in the southwest part of the stockade, where the stocks 
 and the chain gang were kept — outside the stockade. I should judge it was 
 about thirty or forty yards from the Southwest corner of the stockade, and over 
 one hundred yards from the south gate. I should judge it was about eight or 
 nine hundred yards from the hospital on the road from the south gate to the 
 hospital— in the southwest part of the stockade and in plain sight of a person 
 passing from one gate to the other. The guards used to stand there ; I saw the 
 man in passing from the stockade to the dead-house with the corpse. He died the 
 next day or the second day after ; I cannot tell which ; I do not know whether 
 he died in the chains or not, but I was told he did. A man who was in the hos- 
 pital at the time when I carried the corpse to the dead-house told me so. The 
 man who died in the chain-gang was carried to the hospital, and from the hos- 
 pital he was taken to the dead-house, which was in front of what they call the 
 south gate. That is all I know about the, chain-gang. That man was one of 
 the four I was describing. I was never in the chains there, nor in the stocks. 
 
 THE SUPPLY OF WOOD. 
 
 I have heard complaints made to Captain Wirz about wood. I have asked 
 him myself whether I couldn't have some wood to-day. The answer I got from 
 him was this : " No, you damned Yankee, you want wood and then you go about 
 calling me a Ddtch organ-grinder." I am not a German, but We learned that 
 Captain Wirz was a Swede. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. ' 
 
 I have heard the rebel guard speak with regard to receiving furloughs ; they 
 told me that every man who shot a Union prisoner inside the stockade was to 
 get thirty days' furlough, and three months' extra wages. It was a rebel soldier 
 who told me that. He was on guard at the time in the hospital ; that was inj 
 August, 1864. 
 
 TREATMENT OF THE DEAD. 
 
 There was a man who died in the same place where I kept myself, and I 
 asked the sergeant who had command of the squad if I could get a coffin to bury 
 him in by paying for it. This sergeant. Bush, said that Captain Wirz would 
 not allow it. He was a rebel sergeant. 
 Cross-examined by Counsel : 
 
 I do not know anything about it more than that. 
 
 THE CHAIN-GANG. 
 
 I cannot tell exactly what part of July it was that the man^died in the chain- 
 gang. I cannot tell whether it was the first, the middle, orithe latter part. We 
 could not keep the account of days there. I have no idea of the time. I know 
 
252 TEIAL OP HENRY WIEZ. 
 
 it was some time in July, because in June there were twenty-three rainy days 
 that I counted, and I know that it was shortly after that that this man died in 
 the chain-gang. I cannot tell exactly how many days I saw him in the chain- 
 gang. I know I saw him three days. It was outside of the stockade one month, 
 in the hospital. It was when I was in the stockade that I saw the man in the 
 chain-gang. I saw the men in the chain-gang three different days. I have 
 described where the chain-gang was'. It was pretty near the stocks. It was 
 not close to Captain Wirz'a headquarters ; the captain's headquarters were a 
 little to the right of the stockade — a little to the southwest. All I saw of those 
 men in the chain-gang was when I was casually passing up to the dead-house. 
 Sometimes four of us would lay the corpse down and watch the men in the 
 chain-gang, and watch them for five or six minutes at a time, and sometimes for 
 ten minutes. I did not see them fastened in the chain-gang; I only saw them 
 when they were in it. The chain was fixed with a shackle bolted around the 
 right leg. There was a thirty-two-pounder on that leg, with a piece of string 
 to it, and the man lifting it up. The other sixty-eight pound ball I did not 
 notice how it Was fastened. There was a thirty-two pound ball around the leg 
 of each. First, there was a shackle around the ankle and a chain from it to the 
 thirty-two pound ball. The chain was about two feet long, so that the man 
 could just take up the ball and hold it. When the men were not going along 
 they would let the ball lie on the ground. There was another chain that led 
 from the sixty-eight pound ball to the left leg. I did not take notice how it 
 was fixed on the left leg. I have seen the shackle to the thirty-two pound ball, but 
 not to the 68-pound. They carried that ball. When they were sitting or not 
 walking that ball lay on the ground. The 68-pound ball would be attached to 
 four men. It was attached to the men for punishment, and to keep them 
 together. 
 
 THE SUPPLY OF WOOn. 
 
 I asked Captain Wirz for wood in June ; I don't know in what part of the 
 month. He did not use any violence towards me on that occasion, but he or- 
 dered the guard to disperse the crowd from around the gate. There were not 
 many of us crushing around the gate. I don't know how Captain Wirz came 
 to say that we called him a damned organ-grinder. I suppose they did use to 
 call him such names once and a while ; I did not hear them. 
 
 September 9, 1865. 
 
 James E. Marshall, for the prosecution: 
 
 I have been in the military service of the United States, in the forty-second New 
 York. I was a prisoner at Andersonville from the latter end of February, 1864, 
 up to September, 1864. I often saw Captain Wirz while I was there. I sup- 
 pose I know him. 
 
 SH00T1,\G OF PRISONERS BY THE GUARDS. 
 
 I know of prisoners being shot by the guards. The first instance I saw was 
 at the northeast corner against the hospital. It was at the time the dead-line 
 was being marked out, but it was not then finished. I saw a man shot there. 
 It was in the early part of April. I saw the man shot by the sentry. The 
 mark of the dead-line was there, but the rail was not nailed on the top. The 
 sentry did not say anything at the time. The man died afterwards in the hos- 
 pital. He was a sick man in the hospital then. He was not a German. I 
 recollect an instance where a German was, killed. He passed me, and when he 
 had got about five yards from me he was shot by the sentry. That was at the 
 northeast part of the stockade, in the month of May, 1864, 1 believe. The man 
 had laid his left hand on the dead-line, and stooped on his knee to pick up a 
 
^ TKIAL, OF HENRY WIRZ. 253 
 
 pirco of mnuldy bread that was within the dead-line, when the guard shot him. 
 The ball passed through his back. It killed him dead. The sentry said some- 
 thing about a furlough. When the man fell he was not outside of the dead-line, 
 and some of us made the remark in the camp that that guard would get a furlough 
 for shooting the man. The sentry said he would damned soon have another 
 one ; that he would shoot some more. Captain Wirz came up and we had to go 
 away. When Captain Wirz heard the firing of the gun he would often come 
 up. He told the sentry to make the prisoners go away from there ; they had 
 gathered around the man after he was shot. The sentry was relieved. 
 
 STOPPAGE OP RATIONS. 
 
 When Captain Wirz first came to take charge of the camp he was forming the 
 men into detachments, and they did not fall into ranks properly according to 
 his wishes. He stopped the rations that day. They had not had rations since 
 the day previous. That was in the early part of Apfil, when Captain Wirz 
 first came to the camp ; the first time I saw him. 
 
 MEN BITTEN BY THK DOGS. 
 
 I saw the dogs at Andersonville. They were kept for hunting men who es- 
 caped from the prison. I know of their hunting men. I saw one man who was 
 torn. His leg was torn. He afterwards died in the hospital. That was in 
 May, 1864. I cannot state the day of the month. It was sometime in the lat- 
 ter part of May. I know that the man was bitten by the dogs, because I and 
 several others looked at his leg. He was taken to the hospital. I afterwards 
 saw the man, but he was dead when I saw him. He died from the wounds. 
 He died some twenty days after he was bitten. He died some time in the early 
 part of June, in the hospital. 
 
 A PRISONER SHOT BY WIKZ'S ORDER. 
 
 I have not told all the instances within my knowledge of men being killed at 
 the dead-line. There was man, a cripple, shot at the north side of the south 
 gate. It was the " Chickamauga" case. The man was supposed by the people 
 in the camp to be crazy. I have no doubt from his ways that he was 
 crazy. He went inside the dead-line and said something to the sentry; I cannot 
 say what it was. The sentry told him to go out. He said he would not. The 
 sentry said he would shoot him. " Well," said he, "I would rather die than live 
 in this place." I and another man took hold of him and pulled him away. The 
 sentry said, "I don't want to shoot him. I would not like to shoot a cripple." 
 Captain Wirz and two or three others came up to the sentry outside ; he spoke 
 to him first, there, and then came inside the gate and inside the dead-line. He 
 drew his revolver and called him several names, and told him that if he wanted 
 to die. come to him and he would shoot him ; he would blow his brains out. 
 He turned to the sentry and told him that if he did not shoot him, or any other 
 man, if he came to that dead-line again, he would try him by court-martial for 
 his life. Captain Wirz went-out. The man went up and laid his crutch against 
 the deadline and the sentry shot him dead. I heard Captain Wirz say some- 
 thing about a furlough. The man said, " If I get a furlough it won't be for 
 shooting a cripple ; some around this stockade would have shot him." That 
 was before he shot him. I heard Captain Wirz give the order to shoot, telling 
 the guard that if he did not shoot him he would court-martial him for his life, or any 
 other man. I next saw Captain Wirz come on the sentry-box, a very few. 
 minutes after the shot was fired — immediately afterwards. I could not tell what 
 was then said. They were talking something in the box; I could not hear it. 
 He told the sentry to make us go away from the dead-line. "Chickamauga" 
 was killed. His lower jaw was blown right off. The ball came out somewhere 
 on the l^-ff sidfi. havinff struck on the rieht side of the jaw. — ^-' 
 
254 TRIAL OF HENRY WIRZ. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 ^, Cross-examined by Counsel : 
 
 All I know of anybody getting a furlough for shooting a prisoner is by hear- 
 say. I was not outside, the stockade to see them go home on furlough. It waa 
 a remark among the prisoners inside — a pretty general remark — and among the 
 sentries outside. Whenever the prisoners saw a man shot, they would say of the 
 guard, " He gets a furlough:" I think it originated from men getting a furlough 
 at the commencement. I know by the sentries telling me. I was a prisoner, 
 and had not permission to leave. I went outside sometimes, but with a guard. 
 
 A PRISONER SHOT BY WIRZ'S ORDER. 
 
 I cannot say how Chickamauga came to go down there. He was not clubbed 
 nor beaten to my knowledge. He was not one of the "raiders." He was a 
 cripple, and had to go with a crutch. To my knowledge he was not one of that 
 gang. The common report was that he went outside very often, and was very 
 free among the confederate men. It was reported that he betrayed us many 
 Itimes in our attempts to dig out. 
 
 September 9, 1865. 
 
 William M. Peebles, for the prosecution: 
 
 I am from southwestern Georgia, I have been at Andersonville, Georgia. 
 I was detailed as clerk, under Colonel Forno, who had command of the troops 
 at Andersonville. I went there about the 20th of July, 1864. I remained 
 nearly three months. 
 
 the STOCKS. 
 
 I saw several men in the stocks. I did not learn their names. They were 
 federal prisoners. I was passing around one day during a hard rain, and I 
 saw a prisoner in the stocks. He seemed to be near drowning. I rode up and 
 put an umbrella over him. I passed up to Captain Wirz's headquarters and 
 told him that the prisoner was there and might drown. He remarked, " Let 
 him drown," using an oath. His words, as well as I remember, were "Let the 
 damned Yankee drown ; I don't care." In a few minutes some one from his 
 headquarters went down and released the prisoner — took him out from the stocks. 
 It- was during a very hard rain. The man's head was kind of erect, and it was 
 raining down in his face. He looked as though he would drown. That was 
 what caused me to make the report. 
 
 THE supply of provisions IN GEORGIA IN 1863 AND 1864. 
 
 My residence was about forty miles from Andersonville. The crops in that 
 vicinity were very good in 1863. 
 
 By the Court : 
 Q. What kind of crops ? 
 A. The grain crop, principally. 
 Q. What kind of grain 1 
 
 A. Corn ; and alsasome wheat and some oats. Corn was the most generally 
 raised. 
 
 By the Judge Advocate : 
 
 We raised some vegetables about there. I don't know that they were raised 
 
 ^ very large quantities. Every planter raised enough to supply himself, and 
 
 some raised a surplus. The crop was not so good in 1864, though we had a 
 
 very good crop down there in that year. We had not a large surplus. The 
 
 crop in the northwestern part of the State was very good in 1864 ; it Was also 
 
TRIAL OF HENRY WIEZ. 255 
 
 good in 1863. There was railroad communication between our vicinity and 
 the northwestern part of the 8tate ; we had a raih-oad running direct to that / 
 portion of the State. 
 
 SHOOTING OF PRlSOi\ERS BY THE GUARDS. 
 
 I know nothing about rebel soldiers shooting Union prisoners except from'' 
 hearsay — nothing from my own knowledge. , 
 
 By the Court : 
 
 I heard it from some of the militia — the rebel soldiers. 
 
 Mr. Baker objected to the witness stating what he heard. 
 By the Court : 
 
 Q. State the time and circumstances under which you heard it from the rebel 
 soldiers. 
 
 A. I heard it reported in camp that soldiers got furloughs. I know nothing [ 
 of it except from hearsay. 
 
 By the Assistant Judge Advocate : 
 
 Q. Did you hear it reported in camp at the time men were shot ? 
 
 A. Yes, sir. 
 
 Q. Did you hear this remark in the stockade, or at the rebel camp 1 
 
 A. At the rebel camp. 
 
 Mr. Baker objected to the witness stating the remark which he had heard, 
 because it was not connected with Captain Wirz. 
 
 The Commission, after deliberation, sustained the objection. 
 
 THE stocks. 
 
 Cross-examined by Counsel : 
 
 I saw the men in the stocks in August, about the 20th or 81st. There was 
 but one in the stocks at the time I mentioned, when it was raining. The stocks 
 at that time were between Captain Wirz's headquarters and the stockade, 
 near the corner of the stockade. They were there all the time I ever saw them. 
 He could have drowned, because there were two boards put around his neck, 
 cut out so as to fit the neck, his head was erect, and the rain was pouring on his 
 face. I thought the rain coming on his face would drown him. I never knew 
 or heard of a man drowning in that way. I never saw one in that condition. 
 I never heard of a man's drowning by its raining on his mouth. I put the 
 umbrella over him to protect him. It was but a few minutes after I put the 
 umbrella over him when he was relieved. I don't know whether that man 
 would have goneto release the man in the stocks without Captain Wirz's orders. 
 He was an officer there. I had good reasons to believe that Captain Wirz ordered 
 him immediately to be released. He may have done so. The remark that he 
 made was a very common expression. I cannot state whether it implied any inten- 
 tion of his to keep the man there until he, did drown. I do not know what his 
 intentions were, i.saw Captain Wirz that day at his headquarters. I am sure 
 it was about the SOfei of August. I think it was some time along there ; I am 
 not certain as to the day, but it was in that month. I had seen him passing 
 around there before. I knew him when I saw him. 
 
 The reporter, at the suggestion of the assistant judge advocate, read from the 
 previous cross-examination of the witness the following question and answer : 
 
 "Q. Had you not good reason to believe that Captain Wirz ordered him (the 
 man in the stocks) immediately to be released ? 
 
 "A. Yes,' sir; he may have done so." 
 
 By the Assistant Judge Advocate : 
 
 Q. Are you satisfied with that answer? Is that what you intended to say ? 
 
 A. He may have done so. I. know nothing about the matter personally. 
 
256 TRIAL OF HENEY WIEZ. 
 
 ' THE SUPPLY OF PROVISIONS IN GEORGIA IN 1863 AND 1864. 
 
 By Counsel : 
 Colonel Forno was commandant of the forces that guarded the prison. I was 
 clerk under him. I went out with Colonel Furlow's battalion. I was a soldier 
 under him, and acting as clerk. I remained in that position something near 
 three months, commencing about the 20th of July. I arrived at Andersonville 
 about the 20th of July. I was not in the regiment until I went to Anderson- 
 ville. I went right into it at Andersonville. I was farming at home on my 
 own farm before I went into the regiment. It consisted of some 500 acres. I 
 made a tolerably good crop that year. It consisted of corn principally. I raised 
 some peas (we call them cow peas in our county,) also ground peas ; I also raised 
 other vegetables — potatoes, cabhage, and beets. I do not know how many bushels 
 of corn 1 raised, for I was not at home when it was gathered. I don't know how 
 many bushels were gathered ; it was not even measured. It was considered a 
 very good crop for that country by all who saw it. I was not at home in the 
 fall, the season for gathering It. I was detailed in the quartermasters' depart- 
 ment after I left Andersonville, some time in the winter season, about the Ist of 
 February, and I travelled all over that country buying produce, and I found a 
 large surplus of grain throughout that whole country — corn and peas, principally 
 corn. The crops were gathered in the month of October, I thinlt. The crops were 
 larger in 1863 than in 1864. The crops were not destroyed in our section of 
 country in 1863. They were not destroyed, as far as I know. They' were not 
 damaged nor destroyed in 1864. They were not destroyed nor damaged in either 
 of those years, to my knowledge. 
 
 By the Assistant Judge Advocate : 
 
 Q. In naming the different vegetables which you raised, yon are interrupted 
 by the question of counsel ; state now all the different kinds. 
 
 A. Peas, Irish and sweet potatoes; almost all kinds of vegetables that would 
 grow in that climate. 
 
 By the Court : 
 I believe I have named the most of them : cabbages — collards grow better 
 than cabbages in our country — beets, radishes, cucumbers, squashes, melons of 
 all kinds, watermelons and muskmelons, tomatoes, potatoes of all kinds, thou- 
 sands ' (if okra. 1 have seen four or five acres of it. Almost every family 
 raises the vegetables I have mentioned ; I do it, and almost every family I 
 know of. 
 
 September 9, 186^. 
 W. W. RANDALL, for the prosecution : 
 
 I have been in the military service of the United States, in the fourth reg- 
 iment Iowa infantry. I arrived at Andersonville March 28, 1864. 
 
 men bitten by the dogs. 
 
 r 
 
 ' I saw hounds used about there. They were not what I would call fox-hounds ; 
 they were rather heaivier ; I should think, but I am not well posted enough in 
 ^dogology to tell you what kind of dogs they were. They were called hounds; 
 There were two kinds, however. I saw there three different packs. One or 
 two in each pack, I think, they were more of a bull-dog. They called them 
 catch-dogs. 1 have seen the dogs there, and have seen men brought in by 
 them. Some of the men were bitten considerably. I saw one man with the 
 ^alves of his legs torn badly. He was a Union prisoner. I cannot'now recollect 
 his name. He belonged to the same detachment as I, but not to my 90. He 
 was brought in there and a ball and chain was put upon each foot. He was 
 
TRIAL OF HENRY WIRZ. 257 
 
 kept in that condition several weeks. He was kept there until I went to Cap- 
 tain Wirz and pleaded with him to take the halls off. He said to me that he 
 could not do it. I then watched for the surgeons, and when one of them came 
 in one morning to examine the sick I asked him to take the balls off. He went 
 with me and examined the man. The man's leg had become badly swollen and 
 very blue. It had a bluish putrified look. I told the surgeon that I thought 
 the man would die unless the balls were taken off. He said he could not con- 
 scientiously take off but one. He did allow one to be taken off. The man 
 finally died, as I supposed. I buried a man whom I thought I recognized as 
 the same man, but he was so badly emaciated that I might be mistaken, but I 
 think I was not. The man escaped, 1 think, about the 1st of May. He was 
 brought back the next day, I think; it may have been the next day but one. 
 Those balls and chains were put on at once and kept on him for perhaps three 
 weeks, then they took one ball off. He retained the other when I was taken 
 outside, on the :^3d of June. Then about the middle of July (it might have' 
 been the last of July ; I cannot fix the date, but it was some time from the middle 
 to the last of July,) I but ed a man whom I recognized, or thought I recognized, 
 as the same man. I examined the body particularly because several of us were 
 acquainted with him, and we all thought he was the same man. ^- 
 
 NUMBER OF PRISONERS BURIED WHO HAD BEEN SHOT. 
 
 I buried dead at Anderson ville. I assisted in burying the dead from June 
 23, 1864, until September 8. I was detailed for that duty. It would be pretty 
 hard to tell the number of prisoners that I buried who had been shot, because 
 it became so common a thing that we did not fix the number. I should say at 
 least thirty, possibly forty, and it may be more. I cannot tell the exact number. 
 I am speaking of the period from June 23 to September 8. The bodies would 
 he brought in and the remark would be made, "Here is another man shot." It became 
 so common an occurrence that I did not take any notice, so that I cannot speak as 
 to the number. I would see, during those months, all that were shot, that were 
 buried. I might not hear of them. The duty I was doing was covering up 
 the dead. I became so accustomed that I paid little attention, and unless some 
 remark was made to call my attention, I might not see them. 
 
 By the Court : 
 I did not dig the graves ; I worked upon the bank, shovelling in. That was 
 my portion of the duty. 
 
 TREATMENT OF THE DEAD. 
 
 By the Assistant Judge Advocate : 
 We buried the bodies in trenches about seven feet wide. I don't remember 
 the length, but we put 150 bodies in each trench. The trench was dug about 
 seven feet wide and nearly three and a half feet deep ; then for a foot or a foot 
 and a half deeper it would be six feet wide, leaving a six inch shoulder upon 
 each side ; then as long as we had sufficient help, there were men splitting pine 
 puncheons seven feet in length. They were laid over the bodies, and then the 
 grave was filled. The bodies were laid upon the ground side by side as close 
 as they could be laid. We covered them in that way until, I think, the middle 
 of August, when some of the men detailed were taken sick, and there were so 
 many more to be buried that we Were short of help, and after that no puncheons 
 were used. We then merely dug the trench, six feet and a half wide and three 
 and a half or four feet deep, and buried the bodies that way. Sometimes we were 
 so crowded with work and so short of help that we could not dig the trench 
 that deep. I think three feet was the least depth that we ever dug. 
 
 H. Ex. Doc. 23 17 
 
258 TRIAL OF HENEY WIEZ. 
 
 By the Court : 
 The trench was long enough for 150 bodies laid crosswise. The length, I 
 should suppose, was about sixty paces. The width of the ditch, seven feet, was 
 for the length of the body. 
 
 THREATS OF WIRZ. 
 
 By the Assistant Judge Advocate : 
 At the time General Sherman was on his march from Atlanta to the coast, I 
 was on detail at work in the commissary near the depot. Every time the cars 
 came in we were watching to hear the news from Sherman. We were not al- 
 lowed to ask any questions, but we were hanging about to see what we could 
 find out. The report came in that General Sherman and his staff and 15,000 
 prisoners had been captured and were on their way to Andersonville. Captain 
 Wirz made the remark that he hoped to God it was so, but hardly believed it ; 
 that if they sent them there he would take care of them ; that he could take care 
 of more damned Yankees than any regiment at the front ; that he had a good 
 place to keep them. 
 
 the stocks. 
 
 I know of a man being put in the stocks for asking to see his brother. His 
 name was Austin ; he was paroled in the same squad I was. I was on the banks 
 of the railroad when a lot of prisoners came in. This man Austin made the 
 remark, " There is a brother of mine ; I am going to see him." He went down 
 tothe squad, and I saw him a short time afterwards in what we call the " spread- 
 eagle stocks." He was there from two to four hours. That was in the latter 
 part of July. I asked another man who was there what it was for, and was 
 told it was for asking to see his brother. The man had told me that was what 
 he was going for. I do not know who ordered the man to the stocks, no further 
 than what I have stated. The stocks in which that man was placed were just 
 above the south gate of the stockade. They were the ordinary stocks. There 
 were two kinds of stocks there, but they were both near together. There were 
 what we called the foot stocks, and also, as the boys termed them, the " spread- 
 eagle" stocks, which held a man by his ankles, his neck, and his hands. 
 
 THE RATIONS. 
 
 ! During the winter I was in the commissary there was a barrel — I don't re- 
 member the amount, but it was about a barrel — of stinking pork brought to the 
 commissary; it was turned over by the men who were at work for Captain Wirz, 
 and through his orders, and issued to the Yankees. The next day, or the next 
 day but one, I had orders to weigh off the same number of pounds of beef, and 
 had orders to select the best there was in the commissary and turn it over to Cap- 
 tain Wirz. He came to me particularly himself and said, " I want you to take 
 particular pains and get me the best there is ; it is for my own eating." I know 
 that the pork came from his hands from this fact ; he came there and said thei-e 
 was some pork coming from his house, and it was brought over by men who 
 were at work for him. I was in the commissary and had the handling of all 
 the meat there. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 When I was taken into the stockade, on the 28th of March, the men were in 
 a very bad condition. I think there were about 7,000 there then. We were 
 taken in in the night. There were the remains of pine logs and stumps, a few 
 little remains. They were all piled up, and a little flickering fire had been 
 kindled there. It rained badly. The men were gathered about there in hud- 
 
TRIAL OF HENRY WIRZ. 259 
 
 dies. They looked more like walking skeletons than anything I have ever seen 
 before or since. They were so blackened by the smoke that.one of my comrades 
 made the remark, " How very poor these darkies are." We supposed they were 
 all negroes. A great many of them were so feeble that it was almost impossible 
 for them to get to the sink, and they did not. Five of us together from the 
 same company selected a particular portion of the stockade and fixed ourselves 
 up as best we could, and tried to keep it clean, but from the fact of being in the 
 neighborhood of so many of those who were unable to get to the sink, it was 
 impossible to keep it clean. I have many a time got up in the night and tried 
 to drive them away, but fiinding them unable to get away, I have helped them 
 away, and then helped them back to the place where they had arranged to lie 
 down. 
 
 SUFFERINGS FROM HUNGEK. 
 
 I saw prisoners pick articles of food from, the ground. Among those who 
 came in there were some who had money, and those could smuggle in things 
 and buy them of the guards, although it was contrary to orders. I have seen 
 pies brought in there and sold. I saw one man eating a pie, and his stomach 
 was in such a condition that he could not hold it, and he vomited it up. Another 
 man made a grab for it, picked it up and eat it. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 Cross-examined by Counsel : 
 The prisoners were emaciated there at all times, from the time I went there. 
 It was when I first went there that the prisoners were so black that I thought 
 they were negroes. There were men there all the time who were so emaciated 
 that it was impossible for them to get to the sink and back — impossible for them 
 to take care of themselves. I arrived there the 28th of March. 
 
 THE RATIONS. 
 
 That exchange of meat was made, I think, in January, 1865 ; it might have 
 been in February, but I think it was in January. There were then, to the best 
 of my knowledge, between six and seven thousand prisoners. I was then at 
 the commissary. My duties were to weigh and load into the wagon all rations 
 sent from that commissary, to weigh the commissary stores into the commissary 
 as they came there, and out of it when they went out. I went in the commis- 
 sary the 1st of November and staid there all the time till I was sent away for 
 exchange j on the 18th of March. I worked in the building which has been de- 
 scribed, but never on it. There were two buildings belonging to the commissary, 
 one the building I am speaking of, and the other right opposite to it, west from 
 the stockade. 
 (Witness pointed out on the diagram the building in which he worked.) 
 Witness continued : The long building, when. I first went there, was occu- 
 pied, the most of it, for the commissary, and one room for the quartermaster, 
 and the other building on the opposite side of the railroad was occupied for 
 the commissary also. During the winter the quartermaster removed his stores 
 into the building across the railroad, and the commissary occupied the whole 
 of the long building. That was the winter of 1864-'65 — I think in the month 
 of January, 1865. Up to that time the commissary used the most of the long 
 building, and all of the other building. After that the quartermaster used the 
 small building, and the commissary used the whole of the long building. I 
 worked at both buildings when they were occupied. Whenever they issued 
 from the short building I went there. The quantity in the two buildings 
 varied. We handled them over when Captain Armstrong took command as 
 post commissary. He relieved Major Proctor. I think it was in December, 
 
2b'0 TRIAL OF HENKT WIEZ. 
 
 1864. There were then about one thousand five hundred sacks of peas, abont 
 eight hundred sacks of meal, and quite a quantity of rice. I cannot tell the 
 quantity. I believe there were between one hundred and twenty-five and 
 one hundred and fifty barrels of molasses. Theife was a little bacon, but very 
 little. I am speaking now of the month in which we took an inventory. We 
 handled them all over. I think it was in December. There was sometimes 
 less than that, and sometimes about the same, and sometimes more ; the quan- 
 tities varied. I think during the month of November there was considerably 
 less there. During the month of December they kept coming in all the time, 
 and from the commencement of December they increased up to that amount, 
 and in some particular items went far ahead of that, and there was still more 
 there all the time till I left there, except the article of rice. The crops, I 
 should suppose, would be gathered before November, but I am not posted as 
 to the gathering of crops there. I suppose it takes some time after the gathering 
 of crops before they are brought to market. Those articles were constantly 
 increasing from the fall months till the time I left, with the exception of rice 
 and bacon, there was but very little bacon brought there after I went there. 
 Some of the peas were very poor. Many of them were very wormy and unfit 
 for use, but they were used. I cannot tell whether they were so when they 
 came there. A great proportion of those peas were there when I went into the 
 commissary. The peas brought there after I went in were most of them good. 
 Some of them were bad, but as a general thing they were good ; what was called 
 good. They were an article of peas which neither you nor I would eat, but 
 they were good compared with others ; they were not wormy. They were not 
 what I would eat now. We called them very good there because we could get 
 no others. 1 would pass the commissary department before the fall months 
 while I was on duty burying the dead. I used to go in occasionally, as I was 
 acquainted with the boys who handled the rations, but we were not allowed 
 in there a great deal. I could not give any particular opinion upon it previously 
 to that time. 
 
 TREATMENT OF THE DEAD. 
 
 When I was engaged in the burying ground I worked with those who dug 
 the graves. A man by the name of Byron had charge of digging those trenches. 
 I think he belonged to the second Georgia reserves — either the second or third. 
 I cannot tell his rank. He was detailed to take charge of us. I never heard him 
 give any orders in relation to the digging of those graves. I don't think I ever 
 heard him give any particular orders, except that several times we made appli- 
 cation to him to apply to Captain Wirz to get us more help, and he would come 
 back to us saying that we must do the work ourselves; that there was no more 
 help to be got; but as to orders I do not know that he ever gave any. There 
 was no restraint on us from digging those trenches as deep as we chose, except 
 from the lack of help. We were never restrained from digging to any depth 
 we chose, but we were expected to dig a certain depth. We might' dig deeper 
 if we chose. I never heard anybody order us not to dig deeper. I don't re- 
 member that I ever saw or knew of any indecencies ordered or directed towards 
 those who were buried. I have seen them abused, but J don't know that it was 
 ordered that it should be. I have seen them robbed of their clothing. I have seen 
 them allowed to lie in the sun until they were so putrified that it was almost 
 impossible for us to handle them. I have seen the rebel soldiers rob the bodies 
 of their clothing, and I have seen our own men do it. This was outside the 
 stockade, in what was called the dead-house. I never saw any corpses with 
 their fingers cut off or mutilated in any way, except one or two who had lost 
 their fingers in battle. I never saw any that were mutilated after death. I 
 don't know that I ever saw any rings or watches taken from men after they 
 were dead ; I have seen their clothing taken off. I never saw Captain Wirz 
 
TRIAL OF HENKY WIRZ. 261 
 
 robbing any corpses, and never heard him order anybody to do it. I saw no 
 indecencies perpetrated on the corpses after they were brought into the burying- 
 ground. There could not have been such indecencies often without some of us 
 knowing it. Sometimes when a load was brought there it was impossible for 
 us to cover them up at night. Their bodies might have been despoiled during 
 the night and we not have known it, but generally we would cover the bodies up 
 with puncheons. The puncheons might have been taken off, the bodies despoiled, 
 and the puncheons put back again, so that we would not know it in the morning, 
 but as a general thing they could not have been. The bodies were not kicked 
 or cuffed about, or handled indecently in any way in the burying-ground ; we 
 handled them ourselves. I did not take them out of the wagons, but my 
 comrades did. In reference to the manner in which they were handled, you 
 might call it indecent, but they handled them the best they could. There was 
 but one team and they had to draw from twenty to twenty-five at the load. The 
 bodies were loaded in like cord-wood, the legs dovetailed together so as to make 
 as much room as possible. This was so pretty much all the time. They never 
 carried less than fifteen at the load, and I have seen as many as twenty-five. 
 They had to do so in order to get them there in time to be buried. I cannot 
 tell whether there was a sufficient quantity of teams. There were two different 
 teams that assisted in drawing; that is, there were two drivers. I know nothing 
 of the teams. I paid veiy little attention to them. I know that the same two 
 drivers generally drove them. I know nothing in reference to efforts being made 
 to get more teams except what I was told. All applications that were made were 
 made through the drivers, and I had nothing to do with the teams. It was a general 
 talk among us that we ought to have more teams. We cut pine trees, varying 
 from eight to fourteen inches through, and split them into slabs from three to 
 four inches thick ; that is what we called puncheons. They were seven feet long, 
 just long enough to lie across the trench. We used those puncheons until near 
 the middle of August. I commenced to work in that burying-ground the 23d 
 of June. We discontinued the use of puncheons because we had not help 
 sufficient to bury the dead and to continue splitting the puncheons. There were 
 no colored men at work with me in the burying-ground. There were no colored 
 men at work in connection with the burying-ground at the time I had anything 
 to do with it, so far as I knew. I think there were about thirty Union soldiers 
 at work there, digging, covering, making stakes, bringing water, &c. Our party 
 at the burying-ground ran down to twenty-five sometimes ; there might some- 
 times have been less. I don't recollect of any men being taken from our number 
 by the officers, except those who were sick and obliged to go away. If there 
 had been I would have known it. I don't know that we were ever interfered 
 with to prevent us from covering the dead. We were sent there for the purpose 
 of burying the dead and were subject to the orders of this man Byron, and I 
 don't think Captain Wirz ever interfered with us particularly, except that he 
 gave orders that we should have nothing to do outside of that — should interfere 
 with nobody else. I don't remember that we ever had any interference from 
 Captain Wirz or any one else. We were interfered with frequently and abused 
 like pickpockets for not burying the dead in better shape, but we did the best 
 we could with the help that we had ; but it was thrown into our teeth that we 
 ought to work harder, that we ought to keep at work night as well as day. 
 There were those who came there, some citizens, some soldiers and officers of the 
 rebel army, who made it a point to abuse us as badly as they could, and they 
 took that as one means because we did not work fast enough. They would 
 frequently make the remark that that would make a nice vineyard, that the 
 Yankee bones would make nice manure, and that they would invite their north- 
 ern brethren down to eat grapes from that vineyard manured with Yankee bones. 
 They would indulge in that tantalizing talk. A great deal of that was thrown 
 at us. 
 
262 TEIAL OF HENET WIKZ. 
 
 THREATS or WIRZ. 
 
 I cannot fix the date when I was told that 15,000 were coming down from 
 Sherman's army ; I think it must have been in December, but I may have been 
 mistaken about the date; I bslieve I stated the circumstance; some one got off 
 from the cars and made the remark that Sherman and his staff and 15,000 priso- 
 ners were on their way there. The remark I have already stated was the 
 answer Captain Wirz gave. The remark was made in the same manner that he 
 always spoke of the Yankees, a disrespectful manner. I did not give all his 
 language, because it was not decent. I saw no particular acts of violence con- 
 nected with it towards any individual. No person but confederate officers were 
 within his reach ; I took pains to keep out of his reach and sight, because I was 
 afraid to be seen there. I was more afraid of him than others, because he had 
 given me orders not to be about there at that time. 
 
 THE STOCKS. 
 
 The " spread-eagle stocks" would hold two ; the other kind would hold seven. 
 The spread-eagle stocks were not the largest ; I have seen the others used more 
 frequently than the spread-eagle. I was put in the " horizontal stocks." I tried 
 to get away and failed ; I got about 160 miles ; I was picked up by scouts ; 
 they took me for a rebel deserter ; they did not take me back as such ; I told 
 them that I was a Yankee ; I was afraid they would hang me if they thought I 
 was a rebel deserter ; when I told them that I was a Yankee prisoner, the guards 
 who captured me treated me like a gentleman; that was in September, 1864; I 
 left Andersonville the 8th of September, was recaptured, I think, on the morning 
 of the 19th, and arrived back at Andersonville on the 28th; I went from the 
 graveyard. 
 
 The Assistant Judge Advocate objected to the line of cross-examination 
 as relating to matter not embraced in the examination-in- chief. 
 
 The Court, after deliberation, sustained the objection. 
 
 I was first permitted to go outside the stockade, to remain out, on the 23d of 
 June ; I continued out until in October, then I was put back again and was taken 
 out again the 1st of November. When I went out of the stockade in June to 
 remain out, I entered into an agreement with Captain Wirz ; he was to allow 
 me to travel one mile from the stockade, but not to go into the stockade, and was 
 to assist in burying the dead, and to receive double rations, and was not to take 
 advantage of that to escape ; 1 did not take advantage of it ; I escaped in Sep- 
 tember; at the time I went away I belonged to what was called the "grave 
 squad," and was washing the clothes of those who buried the dead ; it was the 
 same squad with which I had been connected since June. 
 
 September 9, 1865. 
 Willis Van Buren, for the prosecution : 
 
 I have been in the military service of the United States, in the 2d New York 
 cavalry ; I was taken prisoner ; I was taken to Andersonville June 7, 1864. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I saw sanitary goods worn there by confederate officers and soldiers ; I saw 
 pants and blankets worn by them, I think, in January, February, and March, 
 18G5 ; I knew the pants by the color and the blankets by the sanitary mark. 
 
 THREATS of WIKZ. 
 
 When we arrived there from Richmond and were drawn up in line, he counted 
 off a squad and gave me charge of that squad, telling me I should be sergeant 
 of it. When I counted off the men of my squad I found that I had two men too 
 
TRIAL OF HENRY WIRZ. 263 
 
 many ; I called him and told him that ; he said, " They have flanked in ; God 
 damn your soul, if you let another man flank in I will shoot you," at the same, 
 time drawing his pistol, holding it before my face and cocking it. I thought at 
 the time that he would shoot me ; as he turned to go away he said, " I can take 
 care of more of you God damned Yankees than General Lee can at the front." 
 Captain Wirz used his pistol in his right hand ; I don't know that I ever saw 
 him use it with the other ; at this particular time I think he used it with both 
 his right and left hand ; he had the roll of the squad in his left hand at the 
 time aud used his pistol with his right ; I think he shifted the paper over to the 
 right hand and put the pistol in his belt with his left hand ; in marching the 
 squad to the gate one of the men broke out of the squad to get a stick of wood ; 
 one of the guards halted him ; Captain Wirz cried out, " Why don't you shoot 
 the God damned Yankee? shoot him ! shoot hin>." The man stepped back into 
 the ranks and did not give the guard time enough to shoot him. 
 
 SUFFERINGS FROM HUNGER. 
 
 The prisoners, while I was there, were supplied with rations very irregularly; 
 I have seen men in the stockade in a starving condition ; at the time I went in the 
 stockade it was so ; I saw skeletons, men with the flesh all off their bones, lying 
 and standing around and huddling over small fires — not fires to keep them warm, 
 but fires to cook their victuals. Some were partially covered with blankets and 
 some nearly naked. They were lying about indiscriminately in a starving con- 
 dition. The place seemed a perfect hell upon earth. I frequently saw the men 
 hunting around the sinks for food that had once passed through men's bodies, 
 undigested food to eat. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw men who had been shot there ; the first case in which I saw men shot, 
 I saw three men shot at the brook ; I am not positive as to the month, but I 
 think it was in the month of- August, the latter part of August. I was passing 
 towards the brook after water and I heard a musket fired ; I looked down to the 
 brook and saw smoke rising, and I saw a commotion in the crowd ; I went down 
 there and saw that three men had been struck, one of them killed, and the other 
 two badly wounded. The wounded men were carried out of the stockade and 
 the dead body was also carried out; I never saw the wounded men after that ; 
 I do not know the names of either of them ; I did not see Captain Wirz at the 
 time ; I did not hear anything said by the guard at the time ; a man told me 
 that the three prisoners who were shot were not over the dead-line; I did not 
 see whether they were or not. I saw another man shot at the upper end of the 
 stockade ; another one that I knew was shot — I did not exactly see the sentry 
 fire — was a crazy man that came by my tent and said that he was going over the 
 dead-line to have the guard shoot him ; I tied him up to the rear of the tent ; 
 that was at night, and at 2 o'clock in the morning he woke me up and begged 
 to be let loose, and said that he would not go over the dead-line ; I let him loose 
 and he went over the dead-line in a few moments after and was shot ; 1 helped to 
 pull him out and to carry him out of the stockade ; I do not know his name ; I 
 think this might have been in September ; it was after the three men were shot; 
 he was shot at what was called the north end of the stockade, north of the brook, 
 clear back to the other end of the stockade, up where the buildings were erected. 
 
 A PRISOMEE SHOT BY WIR2. 
 
 I saw a man brought in through the north gate who had been shot ; he 
 was shot at the north gate; I do not know his name; it was in the month of 
 August — the middle of August, I should think; 1 could not say positively my- 
 self what he was shot for; he was shot through the breast. He was passing from 
 
264 TRIAL OF HENRY WIRZ. 
 
 the dead-line to the gate. I understood he was shot by Captain Wirz ; I gained 
 the information from more than twenty men who were standing on the spot at 
 the time and saw him shot. Captain Wirz was not there when this conversation 
 took place ; he was outside the stockade — outside the gate ; this conversation 
 t)ok place immediately after the man was shot ; I asked the men, as I came up, 
 what was the matter; they said there was a man shot. I asked who shot him; 
 they said Captain Wirz. I asked what for; they said for merely passing to the 
 dead-line to ask him a question. I knew the man's name at the time, but I do 
 not remember it now. I might have been four rods oflf at the time he was shot. 
 If the sentinel had shot him I would have seen it ; I saw no other men around 
 there, who had arms, at the time he was shot. I cannot give the date of this 
 occurrence ; I do not remember the date ; I did at the time keep a diary of 
 all such affairs as happened there, but I disremember it now ; I think it was in 
 August, 1864. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 Cross-examined by Counsel : 
 I saw these sanitary pants and blankets on confederate soldiers in January 
 and February, 1865, just before I came away. I cannot state the number of 
 those articles I saw worn by confederate soldiers. I saw them frequently. I 
 saw soldiers have blankets on at different times, nearly every day. Some days 
 I would see ten soldiers wearing them, and some days twenty. I saw them 
 worn every day during two months. I did not see them get them, but I knew 
 where they came from. They were sanitary goods. I knew they were sanitary 
 goods by the marks on them. The blankets were smaller than our blankets. 
 The pants were a peculiar color, grey, very much resembling the confederate 
 uniform, with dark stripes down the sides. They were not uniform pants ; they 
 were citizens' pants ; I know them by their peculiar color. I never saw any 
 like them but sanitary pants. I did not see them taken out of the boxes. I 
 know they were sanitary pants by seeing our men have pants of the same kind 
 that they drew from sanitary boxes, that were issued to them by the oflScers. I 
 think the blankets were marked " San. Com." They were a different gray 
 from our army blankets, a darker gray. Probably I saw the guards have a dozen, 
 probably not so many. 1 do not know how they got them. I never knew of 
 our soldiers who were outside the stackade trading their clothing with confederate 
 soldiers. It was not notorious that they did so. The men would be very apt 
 after getting clothes to keep them. I never heard of anything of that kind 
 going on outside the stockade. I stated before that I might have seen a dozen 
 blankets used, and probably less. I cannot remember exactly how many. 
 
 THREATS OF WIRZ. 
 
 All I know about these " flankers" is that they flanked in on us and were 
 driven out again. I was sergeant of a squad. I would try to prevent them if 
 I saw them. I did not have much trouble from that source. There would be 
 frequent mis-counts made by the officers and they would be attributed to 
 flankers, but we generally got along well enough in the squad. I refer to the 
 confederate officers, non-commissioned officers and others who counted our squads. 
 Sometimes the squads would overrun and sometimes fall short. They would as 
 frequently fall short as overrun. 
 
 SUFFERINGS FROM HUNGER. 
 
 1 I cannot tell you why the stockade was a perfect "hell upon earth" unless 
 it was because the prisoners were treated so — nothing to eat, nothing to wear, no 
 
TRIAL OF HENRY WIRZ. 265 
 
 fuel, hardly any water ; I certainly should not consider it a heaven or a decent 
 place. I can compare it to nothing but hell, upon earth. As a natural conse- 
 quence of the treatment our men received there, they were fighting and robbing 
 each other. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 When I saw those three men shot, I was going down the hill ; it might have 
 been three rods, or probably five, from where they were shot. I heard the report 
 of the gun. I did not see the man when he fired. I did not turn back and go 
 to where the three men were. I was going in that direction at the time. I 
 knew in my own mind that the guard shot them. I saw the smoke rising from 
 him, and 1 saw him recovering his piece. I do not know exactly where the 
 men stood when they were shot. 
 
 A PRISONER SHOT BY WIRZ. 
 
 I mean by saying that the man who was shot was brought in through the 
 north gate, that there is where he was shot — at the entrance of the north gate. 
 He had started to go outside, as I understood. He was shot between the dead- 
 line and the gate. I think this was in the latter part of August ; it was some 
 time in August. I do not know if it was about the 80th. It might have been 
 the 2d, or it might have been the last. I think it was some time in August, but 
 1 am not positive. 
 
 ( Witness here pointed out the north gate on the diagram.) 
 
 The gate was open. 
 
 DAILY RECESS OF THE COURT DISCONTINUED. 
 
 Upon the meeting of the court on the 11th of September, 1865, on motion it 
 was ordered that the daily recess of the court be hereafter discontinued, and 
 that the court sit from ten a. m. till three p. m. 
 
 COUNSEL FOR THE ACCUSED REQUESTS THAT WITNESSES FOR THE DEFENCE 
 
 BE SENT FOR. 
 
 Mr. Baker stated that some time before the beginning of the trial, those who 
 had then acted as counsel for the prisoner requested that certain witnesses 
 should be sent for, which, on application to the department, was done. A num- 
 ber of those witnesses could not be found, and some who were found had not 
 reported. The developments of the trial had shown the necessity of having 
 those witnesses or others in their places, and also other witnesses to meet new 
 matter, which could not be anticipated. The required witnesses were scattered 
 in different parts of the country, mostly in Greorgia, and were mostly in places 
 with which there was no mail communication, so that they can be reached only 
 by a special messenger. These witnesses were absolutely necessary for the 
 prisoner, in order to enable him to make out his defence, which he believed he 
 could do thoroughly, if proper facilities should be afforded him. Counsel believed 
 that every member of the court would say, "Give the prisoner every means of 
 making out his defence, cost what it may." The question now was, whether 
 the necessary facilities should be furnished at the expense of the government, or 
 whether the prisoner must bear the expense of procuring those facilities. The 
 judge advocate had desired some time ago that the prisoner should furnish a list 
 of the witnesses which he required ; but he (Mr. Baker) had been unable to 
 prepare such a list thus far during the progress of the trial ; but he would be 
 ready to furnish to-morrow morning a list of witnesses, so that a special messen- 
 ger of the government might leave at once. 
 
266 TRIAL OF HENKY WIRZ. 
 
 The Judge Advocate stated that, from time to time, during the pi-ogress of 
 the trial, he had urged upou the counsel of the prisoner that the rule of the 
 court in reference to furnishing a list of witnesses should be complied with ; hut 
 no such list had been furnished. Four weeks ago, a special bailiff had been 
 sent to Georgia and other Statesof the south, mainly for the purpose of procuring 
 witnesses for the defence. At that time the prisoner himself furnished a list of 
 witnesses required by him from that part of the country, stating upon the list 
 that they were all that he would require. All those witnesses were present, 
 ■with the exception of four or five, some of whom were in Europe and some in 
 Texas. As to Dr. White, no one could tell his whereabouts. If the develop- 
 ments of the trial had shown the necessity of other witnesses, counsel for the 
 prisoner should, in fairness to the government, . give a list of their names, with 
 their residences, and some statements of the points expected to be proved by 
 them. All the witnesses who had thus far made their appearance, under the 
 summons of the defence, there being about twenty such, were in fact witnesses 
 for the prosecution, most of them at their own solicitation ; so that, although 
 counsel for the prisoner had said that his defence was ample, he (the judge advo- 
 cate) was sorry to say that he believed it to be no defence at all. 
 
 For the court to send another bailiff down through the south in search of 
 witnesses would be an unjustifiable expense. If there were in the south any 
 witnesses whose presence was required, they could be procured by telegraphing 
 to the commandants of the nearest military posts. 
 
 Mr. Baker. It may be well, in reply to the suggestion of the judge advocate, 
 to call the attention of the court to the fact that many witnesses who have come, 
 subpoenaed for us, have been examined on the^part^of the government, and some- 
 times witnesses have complained that improper language has been used to them 
 to draw out of them something for the prosecution. I hardly believe that the 
 judge advocate would himself attempt to use the influence of the government to 
 frighten or press out of our witnesses anything for the prosecution, and I will 
 not charge it. But witnesses come here under very peculiar circumstances. 
 Many of them feel it to be necessary to say and do all that they can to leave a 
 favorable impression with the government officers to show their friendship or 
 good feeling to the government. Witnesses have remarked to me, when I 
 asked them how they would testify, " Why, do you suppose I will leave anything 
 undone to save my own head ?" This, without requiring any pressure on the 
 part of the oflScer connected with the government, would account for the wit- 
 nesses summoned for the defence appearing willing, as the judge advocate says, to 
 testify for the prosecution. 
 
 Mr. Baker, in continuation, remarked that the absence of the witnesses sent 
 for necessitated the presence of ethers to take their places, and additional wit- 
 nesses were required to meet evidence which could not be anticipated. Some 
 of the witnesses previously sent for had purposely kept out of the way of the 
 bailiff. What would be the use of sending a subpoena by mail to such parties ? 
 In reference to the suggestion of the judge advocate that the defence should 
 accompany the list of witnesses with a statement of the points expected to be 
 proved by them, the testimony was so voluminous that it would take some days 
 to do so in the manner in which it is done in civil courts, and an adjournment 
 for a week would probably be necessai-y. 
 
 The court was cleared for deliberation, and when the doors were reopened, it 
 w^s announced that the court had decided that the defendant should present an 
 aiSdavit to the cmtit, -ikowmg first the names of the witnesses, their residence, 
 and reasonable ground of belief that they can be found ; secondly, the facts 
 which the prisoner expects and believes he can prove by each of them, that the 
 court may determine the materiality of the evidence ; upon which affidavit the 
 commission will afterwards make the proper order. 
 
 Mr. Baker said that such a statement as would be necessary under the order 
 
TRIAL OF HENRY WIEZ. 267 
 
 of the court could not be prepared by him in less than three or four days and 
 during an adjournment of the court. 
 
 The Judge Advocate explained that all that would be required would be a 
 simple, brief memorandum of the nature of the testimony expected from each 
 witness, such a memorandum as the prisoner himself, before the commencement 
 of the trial, had prepared in about twenty minutes. 
 
 Mr. Baker replied that such a memorandum, if it would suffice, could be pre- 
 pared in a very short time, and without any adjournment of the court, and he 
 would most willingly make it. 
 
 The reporter, at the suggestion of the judge advocate, read that portion of Mr. 
 Baker's remarks relative to an attempt to iniiuence improperly witnesses sum- 
 moned for the defence. The judge advocate said that those remarks seemed to 
 imply a reflection on the representatives of the government charged with the 
 conduct of the prosecution, and he asked an explanation. 
 
 Mr. Bakee. I do not think that my remarks contained any reflection upon 
 the judge advocate. 
 
 The Judge Advocate. If the gentleman has no charges to make against the 
 judge advocates of this court, the language is highly improper, as it apparently 
 censures those officers, suggesting a very plain inference that, in the opinion 
 of the counsel, the judge advocates in the preliminary examination have used 
 improper language to witnesses. Speaking for my associate and myself, I 
 pronounce such a charge entirely false. The preliminary examinations on the 
 part of the government have been made with ail the fairness and courtesy due 
 from any attorney or judge advocate toward any witness. Those examinations 
 have always been made, I believe, in the presence of clerks, reporters and others 
 connected with the court, and I am sure that nothing has occurred to justify any 
 such expression on the part of counsel for the prisoner. I therefore ask this 
 court to order that an investigation be made, and the counsel be called upon to 
 sustain if he can the allegations which he has made, so that if any officer of the 
 court has acted in an improfessional or unofficer-like manner he may be dealt with 
 by the commission as he deserves. I think that such an investigation is due to 
 the judge advocate. 
 
 Mr. Baker. In stating the impression of witnesses who had spoken to me, 
 and who had been saying these things, I thought I was very careful to preclude 
 any idea on the part of the judge advocate that I intended by any possibility 
 to implicate him. The record shows that I was very careful, and it may be 
 enough for me to repeat what I then said, that I have too high an opinion of the 
 judge advocate to believe that he would do anything improper. But the wit- 
 nesses when they come here feel that they are under a restraint which we can- 
 not feel, because we are not in their position, and they make these remarks. I 
 suppose it is sufficient for me to state that I by no means think that the judge 
 advocate could be guilty of any such thing ; I wish no such construction to be 
 put upon my language. 
 
 The Presiuemt. As I understand the language of the counsel, it contains 
 what is equivalent to a charge, if not against the judge advocate, against some 
 person connected with the government. If it is not made in the form of a charge 
 by the counsel for the defence, it comes at least in the form of an accusatory 
 statement from certain witnesses. If the facts stated are true it is certainly in 
 the power of the counsel to state the names of the witnesses. 
 
 Mr. Baker, (interrupting.) I don't know their names. 
 
 The President. If the names of the witnesses be given we can have an in- 
 vestigation of the question whether any improper attempt has been made in the 
 part of any person connected with the court or the government to influence them 
 in their testimony. The charge which has been made is an indirect impeach- 
 ment of the judge advocate of this court, and an indirect impeachment of the 
 
268 TRIAL OF HENRY WIRZ. 
 
 government in whose name this prosecution has proceeded. I think, therefore, 
 for my part, that the motion of the judge advocate is eminently proper. 
 
 A Mkmbbr of the Court. I should like to have the counsel state whether, in 
 making these charges, he meant to imply that such was the feeling of those wit- 
 nesses, or whether he charges that any officer of the government has tampered 
 in any manner with the witnesses. 
 
 Mr. Bakbr. Oh, no. In the first place there is no language that can imply 
 such a charge, and in the second place I had no such intention. The language 
 is clear on the record. It seems to me that there is an undue sensitiveness on 
 the part of the judge advocate, for in my remarksjl expressly conceded his kind- 
 ness and gentlemanly conduct during this trial. 
 
 A Membbr of the Court suggested that the language which had heen used 
 was such that in his view an apology was due from counsel to the judge ad- 
 vocate. 
 
 The President remarked that the question was more than a simple question 
 of courtesy between the counsel and the judge advocate. If any improper in- 
 fluences have been attempted to be used toward witnesses by any officer con- 
 nected with the government, such conduct should be promptly punished. 
 
 Mr. Baker. I have made no charges against the judge advocate. 
 
 The President. Do we understand you to retract ? 
 
 Mr. Baker. I retract any insinuation which I may have been understood as 
 making that anything improper has been done on the part of the judge advo- 
 cate. 
 
 The President. Or any one else ? 
 
 Mr. Baker. No, I cannot swallow my words in that way. 
 
 The Judge Advocate. Then I hope you will sustain them by proof. 
 
 Mr. Baker. I make no charges against you; you cannot find any on the 
 record. 
 
 The Judge Advocate. The court must have noticed that during the progress 
 of this trial, certain journals of the couutry adverse to the government have 
 taken occasion to gather up just such charges as these as the basis of accusations 
 against the government and against the officers charged with the prosecution of 
 this trial, and unless those officers demand some proof when such allegations are 
 made by the counsel in the case, then the judges advocate must rest under these 
 accusations. The charge which the gentleman has made is a grave one, which 
 cuts my associate and myself to the quick, and unless the counsel retracts it 
 wholly, this court should, in justice to us, require that he sustain it by proof. 
 
 Mr. Baker. If you could find any such charge made by me you might ask 
 such a proceeding. 
 
 The Judge Advocate. The gentleman has charged us with using improper 
 language and improper influences towards witnesses. 
 
 Mr. Baker. Nothing of the kind; my language, as read by the reporter, 
 shows that I simply repeated the language of witnesses. 
 
 The President. We want to know who the witnesses are. 
 
 Mr. B vKER. That I cannot tell. When a witness catches me by the arm and 
 speaks to me on the street or elsewhere, how can I tell his name ? 
 
 A Meimber of the Court said that the whole question seemed to hinge on 
 one remark which had been made by the counsel, that improper language had 
 been used toward witnesses. If improper language had been used the court 
 ought to know who had used it. 
 
 Mr. Baker. If the questiim hinges upon that remark, then perhaps that should 
 be amended. 
 
 A Member of the Court inquired whether counsel still maintained that any 
 improper language had been used towards witnesses by any officer of the gov- 
 ernment. 
 
 Mr. Baker replied that he did not know of any such thing himself. 
 
TRIAL OP HENRY WIRZ. 269 
 
 The Prksident suggested that counsel report to-morrow morning the names 
 of any witnesses who had made complaints of the sort referred to. 
 
 Mr. Baker stated that he would report their names if he should be able to 
 do so. 
 
 The President. If improper language had been used, or improper influence 
 attempted, it is very proper that counsel should call our attention to it, and we 
 are obliged to him for doing so. The only object in asking the names of the 
 witnesses is that an investigation may be had and any guilty parties punished. 
 
 the supplies focnd in georgia and alabama in 1864-65 by general wil- 
 son's command. 
 
 September 11, 1865. 
 
 Major General J. H. Wilson, for the prosecution : 
 
 My rank in the United States military service is captain of engineers. United 
 States army, and major general of volunteers. I have been operating for the 
 past year in Tennessee, Alabama, and Georgia, with the cavalry corps, military 
 division of the Mississippi. During the latter part of the year 1864 and the 
 early part of the year 1865 I have been campaigning in Tennessee, Georgia, 
 and Alabama. I am stationed at Macon, Georgia. After passing through the 
 mountainous region of northern Alabama I found supplies in great abundance 
 on our lines of march — in sufficient abundance to supply a command of 17,000 
 men without going off our lines of march for them. On going south I marched 
 southeast from the northwest corner of Alabama to a point called Montebello, 
 and thence south to Selma, from Selma southward to Montgomery, from Mont- 
 gomery two lines, one to Columbus, Georgia, and the other to West Point, 
 Georgia, and thence by two converging lines to Macon, Georgia, and then all 
 over the State of Georgia, from there to the Gulf. We found lines of railway 
 running very nearly in the direction of the march from Montebello. The rebel 
 government, before the invasion of the United States government, drew supplies 
 from that part of the country, from central Alabama to south ivestern Georgia, 
 for the wants of their armies operating in the field; that was their grand region 
 of supplies. There was a railroad communication between the parts of the 
 country of which I have spoken, and Macon and Andersonville. 
 
 THE ARREST OF WIRZ AND THE ALLEGATION THAT THE GOVERNMENT HAD 
 PROMISED HIM PROTECTION. 
 
 The circumstances connected with the arrest of the prisoner were simply these : 
 On arriving at Macon, as a matter of course, inquiry was at once made as to the 
 condition of the Andersonville prison, and who were responsible for its condition. 
 1 sent officers down there to investigate the matter, and among others Lieuten- 
 ant Rendelbrook, fourth United States cavalry, and one of my staff officers. 
 Captain Noyes, now Major Noyes. They made a trip there and returned, re- 
 porting to me that the man Wirz who had been in charge of the prison was still 
 there. I immediately ordered Noyes to return to the prison, arrest him, and 
 bring him to Macon. He brought him to Macon, and I do not know how long 
 he was kept there; several days, however. The first party who went to Ander- 
 sonville brought back the paper — whether sent by Wirz or not I do not know — 
 which has been produced in court ; a letter addressed to me asking protection, 
 among other things, on which I made an indorsement recommending the trial 
 of Wirz. Afterwards when he was brought forward himself I simply remanded 
 him to prison and wrote a letter to the Secretary of War, requesting that he 
 might be brought to trial, in order that the matter might be thoroughly investi- 
 gated. No protection was ever guaranteed to him by me. I ordered his arrest 
 for the purpose of bringing him to trial, and for no other purpose, and with the 
 
270 TRIAL OF HENRY WIEZ. 
 
 special intention that he should not have the benefit of the amnesty or armistice 
 between Sherman and Johnston, so far as I could prevent it. [A paper was here 
 handed to witness.] That is the letter to which I refer. That is my signature 
 to the indorsement. The statement of the escaped prisoner referred to in the 
 indorsement is the statement of, I think, three or four men whom I requested to 
 make statements to accompany this paper, with the expectation that an investi- 
 gation would be made. 
 
 GENERAL WILSON'S EXAMINATION OF THE PRISON, ITS C0.\DIT10N, HIS OPINION 
 OF ITS LOCATION, AND WHAT MIGHT HAVE BEEN DONE TO RELIEVE THE SUF- 
 FERINGS OF THE PRISONERS. 
 
 I have visited Andersonville. I have examined the state of the prison and 
 the buildings there and the country generally in the neighburhood of it. I pre- 
 sume the court may have examined this drawing of the prison ; it was made 
 under my direction ; it does not show quite well enough the topography. The 
 stream here called " Little Sweet Water" is a large creek running as much as fifteen 
 Jeet in width and five feet deep, and runs only about two hundred and fifty feet 
 Ifrom the corner of the hospital enclosure. If the main enclosure had been simply 
 enlarged so as to cross that creek, which could have been done very easily, it 
 could have supplied all the troops that could possibly have been put there with 
 ample water both for culinary purposes and for the purpose of police. 
 
 The timber in the neighborhood was ample, and, as a matter of course, it 
 being a grain-growing region, the means of supply of provisions were ample, and 
 the means of getting them there were ample. The creek on which the prison 
 was located is not a large one, but simply a spring branch, little springs run- 
 ning out of the side of the hill, making a creek which I suppose will not run 
 more water than would supply for the purposes of an army a larger conimand 
 than four or five thousand men, because the water does not flow rapidly. 
 
 There is o\ie spring inside the enclosure, but that would not supply more than 
 a regiment of men, as troops use water and as they ought to use it. I visited 
 the stockade some time in the last part of June or the first of July, this year. I 
 found, I think, the remnants of some ten sheds inside the stockade, one set of 
 five on one end of the stockade and the other on the other end. They were 
 simply shed roofs, supported by ordinary square timber cut from woods in the 
 neighborhood, and covered with boards, nothing else. I observed that the 
 character of the buildings outside the stockade was temporary. They were 
 constructed in a similar manner to those sheds, except that the sides were boarded 
 up. The commissary was a stockadebuilding, formed of logs ; the others were 
 generally small framed buildings, some one story and some two stories high, 
 and made of boards. My impression is that the barracks erected for the use of 
 the troops on garrison there were such as troops ordinarily construct for them- 
 selves — huts. There were some barracks (which had, perhaps, been used as a 
 hospital) which were fair barracks for troops. What troops ever occupied them 
 I could not say. I noticed the surrounding timber. It is a well timbered re- 
 gion, a region abounding in fine timber of a character very easily worked — pine 
 particularly. Northwest from the stockade there is a large pine forest, and that 
 immediate region being a poor region has not been generally cultivated, and 
 this forest was undisturbed. It could have been used for getting out shelter 
 very readily. It is just such a place as troops would like to camp in for the 
 convenience of wood and water and such things as that, if they were going to 
 make winter quarters, aside from mere climatic reasons. I have nothing to say 
 in reference to that. I should say that it would require to enlarge the inner 
 stockade one-third about 1,800 feet of additional stockading to be put up, and 
 the outer one about 2,400 feet. It would require about forty days' work for one 
 hundred men, working as soldiers work, but one hundred men could do the work 
 
TKIAL OF HENRY WIRZ 271 
 
 in twenty days, provided they did a full day's work and had all the appliances 
 for transporting timber from the forest — they would not have to transport it more 
 than a mile on the ^iverage — and all the necessary appliances for digging, &c. 
 There was plenty of black labor to be had in that country. I found no difficulty 
 in obtaining laborers ; the difficulty was in getting rid of them. You could get 
 all the labor required there for any purpose of that kind. 
 
 Q. State if you are able to make an estimate, allowing that 30,000 prisoners 
 were confined in the stockade and that half of them, 15,000, were supplied cooked 
 rations, what amount of wood would have been required to cook the rations is- 
 sued to the remaining 15,000, consisting simply of corn-meal, bacon and peas ? 
 
 A. That question is somewhat complicated ; it would depend entirely on the 
 appliances used in cooking. The quartermaster's monthly allowance for wood, 
 I think, in summer time, or from May till October, is a cord for every twelve 
 men ; that would require about 1,250 cords to 15,000 men, and that I think is a 
 very fair estimate. A man can cut two cords of wood a day if he tries ; in that 
 timber certainly a workman would cut two cords a day, but a soldier probably 
 would cut only one ; and it is a liberal estimate, because it would not have to be 
 split up. About thirty men per day would cut all the wood required or allowed 
 by the quartermaster's regulations for 15,000 men, and a guard of ten, fifteen, 
 or twenty men would be ample to protect that number of men in the work. If 
 you take the winter allowance it would be just double. I think they allow one 
 cord of wood per month for six men in winter time, and, as a matter of course, 
 it requires sixty men to do the work. 
 
 There was lateral drainage in the stockade, of course, from both ends of the 
 stockade to the creek which runs through it. There was no sewerage system 
 that I could observe, excepting such as would naturally result from the forma- 
 tion of the ground. I observed no artificial drainage. — 
 By the Court : 
 
 I have spoken of sheds I saw in the stockade. They remained there when 
 I was in the stockade. I found nothing in the way of habitations, huts, con- 
 veniences, &c., for the protection of the men. I understood that those sheds 
 were used for the protection of those in the stockade whose health was worse 
 than that of others. The men had, for protection, burrowed both in the level 
 part of the ground and in the inclined part on the hillside, particularly in the 
 hillside. Those constructions assimilated to tents, but they were made in the 
 ground. I presume they must have been covered over with fragments of boards' 
 and blankets and shelter tents and such things as they could get there, but there 
 was no evidence of anything of that kind being there. There was just as many 
 as could be put in that space of ground, and 1 suppose it was very close pack- 
 ing, for I saw no means of passing between them. I saw the interior of some of 
 them ; I stooped down into them. I should say as a general thing that the 
 character of them was about like the ordinary shelter made by combining two 
 shelter tents ; they might hold-four men, but they would be very crowded. 
 , Cross-examined by Counsel : 
 
 I stepped down into the excavation which was used as a ground-floor or base 
 ment. I saw no tunnels running under the stockade. I was told there had 
 been something of that kind attempted. I examined half-a-dozen or so of those 
 holes ; I could see them all around in riding over the ground. They all had the 
 appearance of being houses for protection. I saw one particular kind of holes 
 that I did not understand, circular shafts of the diameter of six feet, and sunk 
 as far as I could see. They might be wells. They were up on the hill, which 
 was some eighty feet above the level of the country, and they may have been 
 made deep so as to get to water, which, if the water was at the ordinary level, 
 would be forty or fifty feet. I examined them the last part of June or first of 
 July. 
 
272 TRIAL OF HENRY "WIRZ. 
 
 p. By the Court : 
 
 ' If they took crooked timber to enlarge the stockade the men would have 
 crawled between the joints, but the timber in that country does not grow crooked ; 
 as a general thing it is very straight. They could have erected a perfectly se- 
 cure stockade without squaring the timber ; axes and shovels were the only things 
 necessary. Saws and a few hammers might have been used occasionally, but 
 axes and shovels would have done the work. Our soldiers generally worked 
 with those, and they could make almost anything. I believe there were some 
 few implements of that kind fell into the hands of our troops, but what number 
 I dou't pretend to say. Afterwards I put a man in charge of the place in order 
 to protect it, and I think he reported to me that he had found a few tools ; how 
 many he did not say. The court may have misunderstood what I said in reply 
 to the question how long it would take to enlarge the capacity of the stockade 
 one-third. I did not mean to state the time which it would take to extend it 
 across the creek. I think, however, that it would have taken but little longer to 
 extend it across the creek and take in all the ground that would have been 
 necessary for any number of prisoners that might have been put there. 
 
 By the Judge Advocate : 
 
 I would not undertake to say that the addition of one-third would have in- 
 cluded Sweet Water creek, though possibly it might. 
 
 The Judge Advocate. The court will remember that Dr. Eldridge in his 
 report said that it ought to have been extended in that direction. 
 
 Witness. There is no question about that, because then the prisoners would 
 have had the use of an ample stream of running water all the time — ample for 
 any number of troops — a stream that could not have been exhausted, instead of 
 . this little branch. 
 '. By Counsel : 
 
 The larger creek is called Little Sweet Water creek. All three creeks come 
 together within a half of a mile. I examined Little Sweet Water creek with 
 some care ; I waded into it. At the time I examined it, it was about twenty- 
 five feet wide and about four and a half feet deep ; that was just after a rain, but 
 by inquiry of citizens in the neighborhood I learned that the stream was theu 
 at its usual stage, though probably somewhat swollen. By a rough calculation 
 I infer that the average width of the stream was about fifteen feet and the aver- 
 age depth about five feet, with a velocity of probably a mile an hour ; it might 
 not be so much. It is rather a sluggish stream, though the water is clear and 
 apparently sweet and good. At the bottom, the creek is somewhat wide, and it 
 shelves off very gradually. It has not steep banks. 
 
 Q. You said you thought the stream was about four and a half feet deep ? 
 
 A. I am striking an average of the size of the stream, in order to state the 
 volume of water that passes through it. 
 
 By the Court : 
 \ Q. From the construction of the stockade and the general appearance of the 
 work, was there, in your opinion, any exhibition of intelligent engineering ? 
 
 A. It was intelligent enough for the purpose, but it did not exhibit any very 
 humane engineering. It was simply an enclosure stockade, and made safe for 
 men to go into, with no earthly preparation that I could see for their comfort ; 
 and if there ever were 30,000 men there, as I have been told there were, that 
 v\rould explain very readily the cause of the deaths. There were 12,000 to 
 15,000 graves outside. I have been told that originally a six-horse wagon was 
 used in hauling provisions, but that the stockade afterwards became so crowded 
 that a wagon could not go in at all, so that a cart was used instead. Whether 
 that be true or not I cannot say. I conceived it to be very reasonable, if there 
 were 30,000 men inside the stockade. The improvements which suggested 
 (themselves to me were perfectly apparent to anybody. 
 
TRIAL OP HENRY WIEZ, 273 
 
 By CoBNSBL : 
 Any engineer could have seen what I suggested, and any humane man «ould( 
 liave seen that that prison was either iocated for a very much smaller nnmher, 
 or if located for that number, it was with the intention that they should not have 
 the benefit of water or fuel, and the graves thereledmetotheinference that itwas 
 intended they should not have the benefitof provisions either; the want of water, 
 fuel, and the lack of shelter are apparent; I did not notice where the stockade 
 had heen enlarged ; I could not distinguish where it had been extended ; I have 
 been told that it had been enlarged, and I think that it had probably been ex- 
 tended towards the north ; I should infer that the stream ran through the middle 
 of it, if my inference in regard to its enlargement is correct. The stream now 
 runs about one-third of the distance from the southern end, leaving two-thirds 
 ■of the enclosure north of the stream and one-third south ; if I was to make my 
 own inference I should simply say that if that prison had been designed for 
 2,500 or 3,000 men, of the size originally constructed, it would be a very good 
 prison if it had the other appliances necessary for their comfort ; there would be 
 at least plenty of water. I should say there had never been any accommodations 
 there for any number of prisoncTS. The little bake-house was probably the only 
 thing that assimilated to any accommodations for the prisoners ; there were two 
 or three oveus in that ; that was the only place that I saw that looked like in- 
 tending to give the prisoners that comfort which it was necessary for them to 
 have ; it was a very good place for two thousand men, but a very bad one for 
 thirty-three thousand. My own impression is that for an encampment of two or 
 three thousand men, it would be as healthy as any one in the country. If I had 
 been travelling through the countiy and had been going to make a camp, I would 
 have made it right on the edge of Sweet Water creek; I would not have liked, 
 probably, to have gone there to winter my command or to stay there forever, j 
 
 By the Courts 
 I should say that the swamp in the stockade would be very unhealthy in 
 summer time ; it has a toleiably wide bottom, quite alluvial, the water sluggish, 
 and would be very apt to breed miasma. As to the condition of the swamp be- 
 yond the prison, I did not examine it at all. There is a little swamp in Sweet 
 Water creek, none that would be unhealthy after taking the timber off it and 
 letting it be exposed. The ground would have been quite as good there, and 
 probably better, heeaiise where it was the ground washed a good deal; the men 
 in burrowing disturbed the soil and it washed down into the creek, but the Sweet 
 Water creek was lai-ge enough to clear itself; the ground was not so that the 
 washing of the camps would wash into it; I hardly think so much on the " Little 
 Sweet Water" as tfae other; I think the slope at the " Little Sweet Water" is 
 more gradual and gentle ; being a very large creek, it would necessarily be so. 
 At the little creek the escarpments are very sharp and it could notclear itself very 
 readily, particularly when covered across by the stockade, forming drains in it. 
 I think there can be no question as to the desirability of the two locations; if 
 you were going to put a prison there, ordinary humanity would require that it 
 should be put across the main creek, if it were intended to accommodate such a 
 large number of men ; it would have been only three-quarters of a mile from the ^ 
 ■depot ; the creek runs up in that direction and it may possibly cross the rail- J 
 load. 
 
 THE AKREST OP WIRZ AND THE ALLEGATION THAT THE GOVERNMENT HAD 
 PROMISED HIM PROTECTION. 
 
 By Counsel : 
 I could effect the amnesty only by my recommendation, which I think would 
 go some distance, as it evidently did. Captain Wirz was arrested, sent forward, 
 H. Ex. Doc 23 18 
 
274 TRIAL OF HENEY WIEZ,. 
 
 and tried under my recommendation, I presume, as tiere was no other official 
 action talien in the matter, so far as I heard of. Thfjit recommendation was a 
 letter simply stating that the man (Wirz) had been a|rrested, was charged and 
 believed to be — I am speaking, of course, in general tjerms, I do not nndertake 
 to give the particular language — guilty of the inflictioM of punishment upon our 
 prisoners at that place, and that the miscreant shou/ld be brought to justice, 
 in order that the whole matter might be thoroughly investigated. That was 
 what I meant by saying that he should not have tne benefit of the armistice. 
 In order that the court may understand, let me say ,that I was left considerable 
 latitude. I certainly had authority to withhold thi; provisions of the armistice 
 from anybody that I chose, since I was acting undfer the orders of General Sher- 
 man, under the orders of General Thomas, and under the orders of the Secretary 
 of War and my own inspirations, and in the matter of the surrender of Johnston 
 I received telegraphic information and orders to carry out the orders of General 
 Sherman. I received direct orders from General Thomas to carry out another 
 set of orders which prohiLiited everybody in the State of Georgia from the ben- 
 efits of General Sherman's amnesty. In so far as the terms I was permitted 
 to give them guaranteed them only protection from the military authorities of 
 the United States, I was there to do as I pleased and as the interests of the 
 government required me. If I had not done right I should have received the 
 censure of the government. 
 
 Q. But if you had acted under General Sherman's orders, you would have 
 been protected by his orders, and if you acted contrary to them and acted under 
 General Thomas's orders, you would have been equally protected ? 
 
 A. I would have been protected so far as General Thomas was concerned. 
 Tlie question of rank between General Thomas and General Sherman would 
 have been one to have been determined by others, but if I had made a mistake 
 in the matter of Wirz, or in any other matter, important enough to attract the 
 attention of the government, I should have had to suffer for it, because I had 
 ample discretion. 
 
 Before sending for Captain Wirz I had no information that he wanted my 
 protection, except that document which came up with the first party. I had 
 received it before I sent for him ; that is my impression ; I cannot positively say 
 in reference to it, however. I sent Captain Noyes, now Major Noyes, and Lieu- 
 tenant Kendelbrook for him. Captain Noyes reported to me his presence at 
 Andersonville, and the fact that he was generally believed to be responsible for 
 what had been done there. When I sent those parties I had no thought or 
 knowledge that Captain Wirz was there. I had not supposed that any mau who 
 was responsible for so much would have stayed. I may have heard there was 
 such a man as Wirz and that he had command of the prison, but I did not think 
 of it then. My object in sending the first time was to investigate matters con- 
 nected with the Andersonville prison, and the atrocities alleged to have been 
 perpetrated there. As a matter of course if Captain Wirz, or anybody else, was 
 there, they were one of the principal objects aimed at, though not specified in my 
 orders to the oflScers or in my own mind. I cannot remember what they reported 
 to me about Captain Wirz when they returned, more than that he was there, and 
 that sick and wounded soldiers, of whom there were some two hundred, and some 
 of whom had been brought np, had sworn that he was the author of their condition 
 and their misery. He was living there ; I do not know if it was in a house. 
 There were Union prisoners there. There were some two hundred and fitty 
 shadows of soldiers, men who could not possibly have been moved without en- 
 dangering their lives. A great many of those men died after they were brought 
 to my hospitals. My impression is that the letter was brought by Lieutenant 
 Eendelbrook ; it was brought by the party who went down. The letter, together 
 with there presentations of the officers that he was there, and that they believed 
 he was the responsible party, first called my attention to Captain Wirz. I think 
 
TEIAL OF HENRY WIRZ. 275 
 
 the officers went back very soon afterwards. I know that I issued orders imme- 
 dately for his arrest — verbal instructions to Captain Noyes. 
 
 Captain Noyes when he returned to me made no report more than that he 
 had brought the man and had him confined under guard. Captain Noyes spoke 
 of the family crying and expressing great fear that he was going to be hanged 
 or made away with. He brought the books and papers upon the first trip; that 
 is my impression. Those books and papers were sent by Captain Noyes, at 
 the time the prisoner was transmitted, to the Adjutant General of the United 
 States army at Washington. He brought me, I think, a receipt for the books 
 and papers. 
 
 By the Court : 
 I did not give, or cause to be given, to the prisoner any assurances as an in- 
 ducement for him to deliver himself up. Nor was any such assurance author- 
 ized. The officer whom I sent being an officer of discretion and prompt obe- 
 dience, I don't think he ever intended to give the prisoner any assurances of 
 any kind, except that he should not be hurt just upon the ground at the time. 
 He probably gave him some assurance of that kind, that he should not be killed 
 or handled roughly, so as to quiet his family. That is my interpretation of 
 the whole matter. I know that Captain Noyes had no jurisdiction to give any 
 other sort of assurance of protection. His simple object in going there was to 
 arrest Wirz, and we had special instructions to parole no person in Georgia, and 
 to give no protection to any one except from the military authority. There 
 were no prisoners paroled in Georgia except upon that condition. When I had 
 Captain Wirz brought to my headquarters I did not ofier him any safe-conduct 
 of any kind in returning, except that the guard were instructed to protect him 
 and deliver him safely into such hands as the Secretai-y of War might direct. 
 My officers reported to me that they risked their own lives in protecting him. 
 At Chattanooga he was attacked by the troops, and but for the personal inter- 
 position of Captain Noyes he would have been disposed of. Captain Noyes 
 disguised him in some way or another and managed to get him through. 
 
 GENEEAL WILSON'S EXPLANATION OP THE DIAGRAM OF THE PRISON. 
 
 By the Judge Advocate : 
 [A diagram of the prison was here shown to the witness.] This survey was 
 made by my directions for the purpose of giving proper information to the War 
 Department as to the situation of affairs at Andersonville. It is simply a survey 
 of the projection of the surface of the ground and of the buildings, and the hori- 
 zontal lines upon it represent the planes of intersection with the surface, which 
 are supposed to be five feet apart, and the number of these curves multiplied by 
 five will give the difference between the top and the bottom, the highest point 
 of ground in the neighborhood and the lowest, but what it is exactly I cannot 
 say. At this corner [illustrating] is the projection of the fortifications which 
 were mounted with guns in these little crotchets, the guns having ample sweep 
 over all the ground except near the edge of the works. I found the j^uns only 
 in this one fortification, [illustrating.] I did not go into the others. These little 
 buildings, [illustrating,] around in the neighborhood, are buildings connected 
 with the administration of the prison, all of a temporary character. The stock- 
 ade was formed by cutting the timber from the forest. I think that most of it 
 had been taken from the inside of the enclosure, the timber being probably fif- 
 teen feet in height, and sunk into the ground five feet. The timber in the other 
 works was twenty feet long, the two sides being laid so as to fit close together, 
 and then they were bandaged together by a strip of timber inside. Then along 
 on the putside, at various points, were stands for the sentries, and the sentry 
 boxes which served as protection from the weather. Along inside, from I don't 
 know what distance, were small palings of a single strip of deal nailed on, the 
 
276 TRIAL OF HENRY WIRZ. 
 
 top of little sticks, wliicH was called the " dead-line." The outer line of the 
 stockade wag constructed pretty near in the same way. Each presented a large 
 harrier, well protected in all directions, so that no person could get in or out 
 except by receiving a very heavy fire. The earthworks were so situated as to 
 receive troops for the protection and guarding of the place, and this one [illus- 
 trating] is especially well designed to give the complete control of the whole 
 interior works. I found guns bearing on the interior of the prison. I don't 
 know what number, but this little crenellated line, [illustrating,] filled with guns 
 and pointed as they only could be pointed, occupied that position in the works. 
 A piece of embankment was thrown up here [illustrating] to protect these guns 
 from the hill in the rear. I have been Informed that the embankment was 
 thrown up at the time when Stoneman was supposed to be going in that direction, 
 and as a protection against anything coming from the rear. The enclosure had, 
 I think, twenty-two sheds in it, constructed like those previously described, 
 with the chimney in the centre for the purpose of allowing a fire to be built. 
 They had no siding and very slight accommodation of any kind. I saw a few 
 cots in them. There was no flooring upon the ground at all. There were 
 probably one or two wells in the yard. Some of the sheds were unfinished. 
 This line of sheds, the southern line, was unfinished. I can say that this map 
 is quite accurate, because I examined the whole ground myself, and I know 
 that the whole map was made with particular care by measurement, and wj.s 
 directed to be made accurately. This, together with pencil sketches, which 
 were sent about the same time, will give quite as accurate an idea as could be 
 obtained without a personal inspection of the ground. 
 
 the supplies found in georgia and alabama in 1864-65, by grneral 
 
 wilson's command. 
 
 September 11, 1865. 
 
 George Welling, for the prosecution : 
 
 I have been in the military service of the United States for four years as 
 lieutenant colonel 4th Kentucky cavalry. My regiment was ordered to Albany, 
 Georgia. I took the command of the post about the first of May. I passed 
 very often up and down the railroad from Albany to Macon ; I stopped at An- 
 dersonville fifteen or twenty minutes at a time. I was never at the stockade. 
 I was with General Wilson's command from the time it left the Tennessee river 
 until we left that part of the country, about the 20th of last August. The con- 
 federate commissaries and quartermasters who were located at Albany turned 
 over the stores and provisions they had there. There were thirty-one thousand 
 pounds of bacon turned over by Captain John Davis, confederate commissary ; 
 seven hundred bags of salt ; the amount of corn I do not recollect. There 
 was a large quantity of corn and bacon in the country through which we passed. 
 'Parties after we went there proposed to supply us with any quantities needed 
 to supply General Wilson's army. There were three grain mills in the vicinity. 
 The mill at Albany, which was built by the confederate government, had two run 
 . of stones. A mill some four miles from there, which 1 never visited, had, I un- 
 derstood, the same number. That mill at Albany was capable of grinding from 
 four to five hundred bushels of corn in the twenty-four hours. This mill turned 
 over to us by the confederate government at Albany had a very good bolting 
 cloth in it, and ground very good flour. We made very good flour in it after we 
 took possession by it. They had a bakery there with four ovens, where they 
 baked hard bread ; some of that hard bread that I have seen was very good. 
 Albany is thirty-five miles by railroad from Anderson ville. The confederate 
 government turned over to us some twenty odd wagons. In the corral there 
 were probably thirty or forty mules ; a good many teams had been lent out to 
 parties when they found we were coming there. Some of them we gathered up 
 
TEIAL OP HENEY WIEZ, 277 
 
 afterwards. (To the court.) I should say there were from fifty to a hundred 
 bead of mule stock there, enough to run the wagons that were turned over. 
 Farmers along the line of march from Macon to Albany had generally ox teams 
 with which to transport grain. They had them on almost every plantation. At 
 Vienna there had been considerable stores, but the citizens had made a raid upon 
 them when they heard we were coming, and had taken possession of bacon and 
 corn and stock and had scattered it. I should judge Vienna is about forty miles 
 from Andersonvillo. 
 
 Cross-examined by Ooumsel: 
 
 I inspected personally the mill at Albany only. That is thirty-five miles 
 north by rail, on the line from Albany to Macon. That is the mill that could 
 grind five hundred bushels a day. It had two run of stones — burr stones of 
 the ordinary size. I ascertained that they could grind five hundred bushels a 
 day from the quantity ground there after my quartermaster took possession of 
 the mill. I think he made a report of the quantity ground in one day, the first 
 day, hut I do not recollect. I do not recollect how much was ground the first 
 day. It was not necessary for us to run the mill up to its full capacity. We 
 only ran it aa we needed, or as citizens needed, who brought in their grain to 
 be ground, probably from 8 o'clock in the morning till 4 or H o'clock in the 
 afternoon, sometimes till dark. I am not familiar enough with the difference in 
 grinding wheat and corn to state how many bushels of wheat that mill would 
 grind in a day. I should judge probably ten bushels of wheat could be ground 
 and bolted there in an hour, with each run of stone. Each run of stone did not 
 have a bolt with it ; the bolting was done for the whole mill by one bolt. The 
 buckets that passed the grain up after it was ground were so constructed as to 
 pass it from both run of stone. The bolt was the length of the building except 
 some four feet at each end. The building, I think, was forty to forty-five feet. 
 The bolt was probably forty feet. We only made one quality of flour in it. 
 I cannot say whether the bolt all through was of the same thickness. I never 
 heard of a bolt that would make one portion coarse flour, ^ne portion fine and 
 one superfine. I never had anything to do with mills except to send grain to 
 the mill. I should judge that this would bolt from ten to twelve bushels an 
 hour. I am hasing this calculation on the amount turned out there by the mil- 
 ler to the quartermaster. He has turned out, I think, as high as the proceeds 
 of a hundred bushels of wheat that was ground in one day. It was rather dif- 
 ficult to tell the precise amount from the fact that we were receiving custom 
 there. We accommodated the country farmers, who would bring in probably from 
 25 to 30 bushels of wheat to a load. We would not grind some for them and 
 get a hundred bushels for ourselves. I spoke of a hundred bushels as being all 
 the wheat ground in a day for the farmers and ourselves. My quar'termaster 
 was Captain Hunter. I have had reports from him in the same way in refer- 
 ence to corn-meal, but I do not recollect the exact quantity. I should think 
 they would grind in an hour about ten, perhaps fifteen bushels. I do not know 
 whether the mill was run up to its full capacity ; that would make two hun- 
 dred and forty bushels in the twenty-four hours for one stone. I meant tea 
 bushels an hour for one stone ; I should judge in both stones from twenty to 
 thirty bushels. I cannot say precisely the amount my quartermaster reported. 
 He has reported to me the amount he ground, and on that report I based my cal- 
 culations of the amount of work the mill would do. It came up to five hun- 
 dred bushels a day, as near as I now recollect from the reports I received. I 
 have been in there and seen it coming through the spout. The spout was prob- 
 ably four or five inches square. The bags of salt were stored in the store- 
 house at Albany. There were small supplies received from the tithe gatherers. 
 Albany was the general receiving depot for that section of country. In each 
 
278 TRIAL OF HENRY WIRZ. 
 
 connty there was a tithe agent who gathered and sent stipplies in there. That 
 was the depot for the gathering of all supplies for four counties, Baker, Doherty, 
 Eives, and Worth. 
 
 September 11, 1865. 
 
 Patrick Bradley, for the prosecution : 
 
 I was in the military service of the United States in the 2d Massachusetts 
 regiment. I was captured at Plymouth, North Carolina, on the 20th of 
 April, 1864, and arrived at Andersonville some time in the same month. I 
 remained there between five and seven months. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 I Sdw the prisoner there. The first time I ever saw him strike a prisoner was 
 at the south gate, where all the prisoners went in the morning for their medi- 
 cine or to go out to hospital. Captain Wirz as a general thing came there as 
 commandant of the interior to see if everything was going on right. This man 
 asked him if he could go out, I do not know whether for medicine or what. 
 Captain Wirz took his pistol from his side and struck the man with the hutt of 
 the pistol on the head. I think the man's name was McGowan. He belonged 
 to my own company. He is dead and I think his name is now in the hall of 
 the House of Representatives as a man missing. He died as fast as he could 
 possibly die after he was struck. I think it was in June, 1864. I cannot tell 
 exactly, as all the records that T had are with the fourth Michigan cavalry. 
 Every man who was shot there I put down on this record, as being connected 
 with the court which we established ourselves. Further than that I cannot re- 
 collect, because it was optional with us whether we would live an hour or a day. 
 We therefore never took it into consideration to recollect dates. I have seen 
 certain parties tied by their thumbs with their toes to the ground, in this posi- 
 tion, [illustrating it.] They were tied up generally for trying to get away or for 
 whatever the people in authority saw fit to punish them for. Captain Wirz was 
 commandant of the interior of the prison and his name was upon the office. I 
 never heard him order prisoners tied up by their thumbs ; it was always done 
 by subordinates ; every military man knows that. 
 
 TREATME.VT OF THE DEAD. 
 
 The only coffins that ever were there for the seven months while I was there 
 I furnished myself for a comrade of mine in the seventh Pennsylvania reserves. 
 I went out to Captain Wirz and asked him if I could have some boards to make 
 a coffin. He was sitting at his tent door. He told me to get into the stockade, 
 to clear in. I cannot say the precise words that he used. I came into the 
 camp after he had forced me in, and after he had refused me the boards, and I 
 went to work and stole some boards for that " Paddy" man from the building 
 they were putting up as a hospital, and we made a box for him. That was the 
 only coffin used while I was in prison. Captain Wirz's general reply to prisoners 
 was with a pistol. His precise words when I applied to him I cannot say. He 
 pulled out his pistol and made me go inside the camp. I did not ask him for a 
 coffin ; I asked him for boards to make a box. His answer was, as near as I 
 recollect it, "Go in, you son of a bitch." That was threat enough with the pistol 
 at my head. 
 
 SHOOTING OF PRISONERS BY THE GUARD.S. 
 
 I have seen a man shot there. The first time I ever saw the prisoner in con- 
 nection with any shooting party was at the south gate, about five feet from the 
 dead-line. The prisoners were divided into "nineties." There had been some 
 
TRIAL OF HENEY WIRZ. 279 
 
 tnistake in some of the " nineties." The captain came to the gate and saw some 
 of the sergeants of " nineties." It was the general rule to stop the ration of any 
 "ninety" from which a memher was missing, and the sergeants came to him in 
 order to save their ninety men from lacking their rations. Perhaps he thought 
 they crowded a little, and he ordered the sentinel on the outside of the south 
 gate to fire. He repeated the order three or four distinct times. The sentry 
 then cocked his musket and fired at perhaps what he thought the party, and he 
 shot this man who was five feet from the dead-line. That was the first man I 
 saw shot there. I do not know his name. I think I would know it if I heard 
 it. It did not sound like " Ott." That was in June, I think ; I cannot say 
 what part of June. All the men that were shot from the time I went there till 
 the time I l«ft, I had put down. I kept a correct record of it, as being selected 
 hy the parties in public meeting so to do. I think that these records are with 
 the fourth Michigan now. I have seen two more shot. All of the parties that I 
 saw shot were shot on that line between the north and south gate. That was 
 before the new stockade was built, between June and August. The next one I 
 saw shot were further down from the stream, towards the north gate. The stockade 
 ran between two hills, with a swamp in the middle. The other party was shot 
 between the north gate and the stream. Captain Wirz durst not be present"! 
 when the man was shot. ' 
 
 Q. By whose order was he shot, and under what circumstances ? 
 
 A. There was no overruling power there at alL A sentry could shoot a man 
 just when he saw fit. ^ ( 
 
 The OouET^ Answer the question. 
 
 Witness.- Nor do I know how. 
 
 Cross-examined by CouNSBi. : 
 
 I think I said I saw three men shot while I was there. The first one I saw 
 shot was about five feet from the dead-line on the south side. 
 
 Q. That is the one that was accidentally shot i 
 
 Witness. Did I say accidentally? 
 
 The reporter, by direction of the court, read the witness's testimony on this 
 jpoint. 
 
 Q. Was tfeat the first instance you saw ? 
 
 A. I have sworn to it. 
 
 The second man that was shot was between the north and the south gate, a 
 little from the dead-line, on what they called Water street. It was understood 
 that Captain Wirz was a regular terror there, and whenever he came around every- 
 body went into their tent except those wiio were making money by trading. I 
 could not say from whom the order eame, but this man was shot on Water street 
 between the north and south gates. 
 
 Q. Was it the dead-line on the north or on the south ? 
 
 A. It was what I called south, facing Florida. The new stockade was on 
 the north. 
 
 Q. Then this man was right in the middle of the stockade ? 
 
 WfTNESS. Don't let me put him in the swamp as you did the other day. He 
 was neither at north nor south ; he was facing the new stockade at the left 
 hand going in to the south gate. He was not close to the south gate going in. 
 He was between the north and the south gates on Water street. 
 
 prionbrs whipped by wirz's order. 
 
 September 11, 1865. 
 John Fisher, (colored,) for the prosecution : 
 
 I am a soldier in the United States army. I am in the eighth United States 
 regiment. I was a prisoner at Andersonville. I was taken on the 20th of Feb- 
 
280 TRIAL OF HENRY WIRZ. 
 
 jmary, 1864, and taken there in May, 1864. I received very bad treatment 
 there. I was bucked and gagged,^ and whipped with thirty -nine laahes. I was 
 bucked because I would not ge to work. OapUin Wirz ordered me to be 
 whipped ; so the man said who was in charge of the squad. He went to see 
 Captain Wirz, and when lie came back he said Captain Wirz ordered me to be 
 whipped. He gave me thii-ty-nine lashes. This was in October, 1864. I was- 
 bucked and gagged at th* same time. That was the only time. I have seen 
 the prisoner there many a time. I saw him draw a pjstol to shoot a prisoner 
 named George Brown. He was going after som« shovels, and could not run as 
 fast as Captain Wirz wanted him. Captain Wirz drew his pistol and said if he 
 did not run he would shoot him. I saw no others whipped there. I saw others 
 after being whipped. They were Isaac Hawkins, Abe Woodward, and George 
 Washington. • That was in September. Two of them were whipped at the 
 graveyard. I was not present when they wer© ordered to be whipped. I 
 did not see then* while they were being whipped. I just saw them after they 
 were whipped. They had marks upon them of the strap with which they had 
 been whipped. They were not badly whipped ; the blood was Dot drawn. 
 
 f— ' Cross-examined by Counsel r 
 
 I was bucked only once. I was bucked because I did not go out to work- 
 I was barefooted and naked, and they wanted me to go out to work and I would 
 .not do it. Mr. Smith went to Captain Wirz to see what he would do with me. 
 LHe told him to whip me and set me to work. I did not go to Captain Wirz; Mr. 
 Smith went. He said he did. That was about the first of October. I was 
 outside. I remained bucked no longer than while they were whipping me. 
 They did not take long to give thirty-nine lashes ; I suppose about five or ten 
 minutes. I was gagged at the same time. I was backed aiud gagged and then 
 stripped and whipped. I did not use any insulting language. I never said a 
 word. I dared not say anything. That was the only time I was bucked, gagged, 
 and whipped. I never saw any one else bucked, gagged, or whipped, but I saw 
 them after they were whipped. I saw three after they were whipped. They 
 were colored men. One of them was about my color and the others darker. 
 They were whipped on the back. If I had seen the whelks upon their backs, 
 I should have thought they had been whipped if I hadn't beard anything 
 about it. The whipping leaves upon the back the marks of the strap. I do not 
 knov;^ whether it was the same strap they whipped me with. The strap they 
 whipped me with was two and a half feet long, and as broad as my three 
 fingers. I noticed eight or ten marks on the ba^k of each of these men. That 
 was about the first of September. 
 
 By the Court : 
 
 This man Smith was over the working sq[uad ; in charge of the squad. He 
 was a confederate. 
 
 September 11, 1865. 
 Henry C. Lull, for the prosecution : 
 
 I was in the military service of the United States ; in the one hundred and 
 forty-sixth New York regiment. I was taken to Andersoaville on the 23d day 
 of May, 1864, and left there in September, 1864. 
 
 STOPPAGE OF RATIONS. 
 
 The rations were stopped ; I do not recollect the date ; it was either the S3, 
 4th, and 5th of July, or the 1st, 2d, and 3d of July. My rations were stopped 
 three or four other times during my imprisonment there. They were stopped 
 sometimes on account of men being absent from roll-call, and at other times for 
 interfering with the rations' when they were brought in. I have seen the 
 
TRIAL OF HENEY WIEZ. 281 
 
 prisoner there. I called at his quarters one day with some two hundred others. 
 He made a remark at that time that he heard there was a plot made to hreak 
 out, and he said, " You think we haven't got bread enough to keep you. We 
 have bread enough on hand to keep you for twenty years." 
 
 PRISONERS WHirPEU BY WIRZ's ORDER. 
 
 I saw one colored man whipped there. I do not know his name. I think I 
 would know him if I saw him. I do not know how many lashes he received ; 
 I think it was fifty. He was whipped for not going out to work in the 
 morning. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I think I have seen two sanitary blankets worn by the rebel guard. 
 
 SHOOTING OF PRISONERS BY THE GUARD. . 
 
 I have seen three men shot and several who were shot. I saw quite a number 
 after they were shot ; I should say upwards of fifteen. It was quite a common 
 occurrence. The name of one of the men which I saw shot was Howard ; h-e 
 belonged to a western regiment ; I cannot tell exactly to what regiment. He 
 was shot on the 18th of August, 1864, in the stockade about ten yards from the 
 dead-line. He was shot for nothing that I know of ; one of the sentries shot 
 him. He took deliberate aim at him. 1 did not see Captain Wirz present ; 
 this was the last man I saw shot. I think it was about the 28th of May that I 
 saw the first man shot. I had only been in the stockade about four or five 
 days. He was shot on the east side of the stockade. He was going down to 
 the sink there, and in passing, as the mud was very deep, he attempted to avoid 
 a deep mud -hole by stepping a little aside at the dead-line. There was no 
 railing at that particular point, and, swinging his body over there to avoid a 
 mud-hole, the sentinel fired on him and shot him in the hip. I do not know 
 that he died. Howard was taken out to the hospital. I went with him to the 
 gate and spoke to the doctor, asking him if it was allowed to shoot men as far 
 inside the stockade as that. I could not get any satisfaction from him ; he only 
 said, " this man must go to the hospital." I sent a note to Captain Wirz about 
 it ; I do not know that he got the note ; I sent it by the sergeant v^o called 
 our roll. I never saw Howard after that. The ball struck him in the mouth. 
 I never saw the second man after he was shot; he was taken to the hospital. 
 ■ The other case was at the creek : he was shot when getting water ; Captain 
 Wirz was not present. That man was shot about the middle of July ; he was 
 hit in the breast ; he died there on the spot. He was not over the dead-line 
 when he was shot. He was searching for water. The water was very greasy 
 and muddy. He was reaching out for clear water when the guard shot him. 
 I heard nothing said by the guard. 
 
 Cross-examined by Counsel : 
 
 Q. You say you saw as many as fifteen men who were shot ; did you see any 
 of them shot ? 
 
 A. No, sir ; I saw them after they were shot ; I saw them carried out from 
 the stockade. 
 
 Q. You do not know whether they received their wounds before going into 
 the stockade or after 1 
 
 A. No, sir ; I don't. 
 
 (Upon the meeting of the court on the 12th of September, 1865, Mr. Baker 
 presented a statement of the names of some of the most important witnesses 
 required for the defence, together with the nature of the evidence which they 
 are expected to give.) 
 
282 TRIAL OF HENKY WIRZ. 
 
 September 12, 1865. 
 
 Teltx de la Baume, for the prosecution : 
 
 I was in the military service of the United States, in the 35th New York 
 volunteers. I was prisoner of war at Andersonville from July 8, 1864, till 
 April 19, 1865. 
 
 WIKZ SHOOTS TWO MEN. 
 
 I know the prisoner. Captain Wirz. On the 8th of July I arrived at An- 
 dersonville, with three or four hundred other prisoners, most of them sick and 
 wounded. We were brought up to Captain Wirz's headquarters, were drawn 
 up in line four ranks deep, and kept there for a considerable length of time, 
 
 ^without any business being transacted. The guards had orders to let none of 
 lis go to the water. One of the prisoners was attacked with epilepsy or fits ; 
 he fell down ; some of his friends or neighbors standing near him ran down to 
 the creek after water. I don't know whether they had permission of the guard ', 
 I suppose so, bucause the guard was tied up by the thumbs for permitting them 
 to do so. First I heard a shot fired, without seeing who fired it. After hearing 
 that shot fired I looked down to the left and I saw Captain Wirz fire two more 
 shots, wounding two men. One of them was carried up near his headquarters, 
 and in my opinion was in a dying condition. The other was wounded too, but 
 I did not see him again. I never saw him afterwards. The one who was carried up 
 near the headquarters was wounded somewhere in the breast. Captain Wirz 
 had a revolver in his hand. I was perhaps twenty paces distant from him. I 
 am not positive about the distance. The prisoner whom he shot was not very 
 far from him. I am certain I saw Captain Wirz discharge the pistol in his 
 hand. I did not myself see the man who was brought up to headquarters die ; 
 Dut he was evidently in a dying condition, judging by his appearance ; I never 
 saw him again. We were not allowed to speak to the guard, and I could 
 not make any inquiries. Captain Wirz asked the lieutenant of the guard, 
 " Where is the guard who allowed this man to fall out of the ranks." The guard 
 was pointed out, and Captain Wirz ordered him to be tied up by the thumbs 
 
 ^ for two hours. After this Captain Wirz pointed out the man, and said, "That is 
 the way I get rid of you damned sons of bitches." I myself saw the man fall 
 down ; he had epileptic fits, and I was informed that the men ran after water 
 
 ' for him. We had not received any water all night ; they kept us all night in 
 the cars ; on the way down from Macon to Andersonville we had no water. 
 When we passed the creek we wished to get some water, but we were not al- 
 lowed to have any. We were kept there at the headquarters of Captain Wirz 
 for about two hours, without receiving a drink. We were then divided into 
 squads and transported into the stockade. I was taken out with four other men 
 to be put into the 71st detachment, and was shortly afterwards taken away from 
 the headquarters into the stockade. All I can state as to whether the man 
 died from that gunshot wound is that he was in my opinion in a dying condition ; 
 I judged so from his heaving up and down and from his gasping for breath. I 
 have seen many men on the battle-field in the same condition, and they always 
 died shortly afterwards. The blood was running out from his breast or the 
 middle of his body somewhere. All I heard about it afterwards was from a 
 rebel sergeant ; I think his name was Colby ; he said the man died ; he told me 
 that some time after I was in the stockade. 
 
 CRUELTIES COMMITTED BY V\riRZ. 
 
 In the month of December, 1864, when it was so very cold, we did not receive 
 any wood in the hospital. I obtained sometimes a pass from Edward Young, 
 who was chief cook there, and from Jim Lane, who was also a cook ; they were 
 
TRIAL OF HENRY WIRZ. 283 
 
 Federal prisoners. On those passes I used to go outside of the hospital en- 
 closure to gather up some wood, so as to have some fire in the tent where I stopped. 
 Going out one day, I saw a man named Edler, a private in the 39th New York 
 volunteers, who was captured on the 6th of February near Martinsburg. 1 saw 
 him tied, with an iron collar round his neck, to a post. As I had the pass of 
 another nlan, which was always punished when it was found out, as soon as I 
 saw Captain Wirz standing near him I went off, so as not to he captured my- 
 self, because if Captain Wirz had found out that I had the pass of another man 
 he would have punished me too. I heard this man Edler say something to 
 Captain Wirz, whereupon Captain Wirz said, " One word more, and I will blow 
 your damned brain to hell," holding a pistol towards his head. I have drawn a 
 representation of that scene. (A drawing being exhibited to witness : ) I draughted 
 this from recollection. This figure represents a guard standing over the man. 
 That is a true representation. There was a guard, a captain, and some other 
 man. I only represented one guard, but there were some more rebels about 
 there. 
 
 (The drawing was then placed in evidence.) 
 
 The man was afterward sent back to the hospital, of which he was an inmate. 
 As he belonged to my regiment I took an interest in him, and as soon as he 
 came back to the hospital I went to his tent to make inquiries, but his neck and 
 his tongue were so much swollen that he was unable to speak, and was evidently 
 in a dying condition. The nurse, named Butsell, told me that the man was pun- 
 ished for having gone out on a forged pass. The man died two or three days 
 afterward ; I only visited him once while in that condition ; the second time I 
 went there he was dead ; I cannot say whether the swollen neck and tongue 
 still continued. The first time I was there his neck and tongue were very 
 much swollen ; when I came there again he was dead. I don't think he died 
 from the effects of that iron collar round his neck alone ; if he had been a stout, 
 healthy man, he might have stood it ; but he was very far reduced already, 
 almost to a skeleton, by starvation, before he was put in the irons. His neck 
 or tongue was not swollen before he was put in the irons. He was able to speak 
 before he was put in the irons. This circumstance happened near the end of 
 December, 1864, after Christmas. I have seen men bucked and gagged. In 
 going out on these passes of which I have spoken, T had several opportunities 
 of seeing men bucked and gagged. I have drawn a representation of the front 
 andside views of that bucking and gagging operation. (A drawing being ex- 
 hibited to witness :) That is a correct representation. I drew it from my recol- 
 lection. One of the figures here represents a sentry standing over the man. 
 The other person standing by was one of the rebel sergeants. 
 
 (The drawing was then placed in evidence.) 
 
 MEN BITTEN BY THE DOGS. 
 
 I remember about the hounds. In the month of September, 1864, 1 was 
 allowed to go out after wood. At that time Captain Wirz allowed squads of 
 twenty-five to go out after wood about a mile distant from the stockade. At that 
 time I myself was not able to carry any wood, but I availed myself of the oppor- 
 tunity to go out to have some fresh air. I went out with a man named Louis 
 Holm, of the 5th New York cavalry ; we were both starved; wehadhad'nothingto 
 eat in consequence of being unable to cook our meal which we received. When 
 we came out Holm made a proposition to me that we should hide ourselves and 
 try to get away from the guard and go to some farm to obtain something to eat. 
 We were too weak to run off; we did not intend to run off or " skedaddle," 
 because we could not walk far ; but we wished to obtain some food from some 
 of the farmers ; we always heard that the farmers around there were good Union 
 men, and always aided our prisoners whenever they could do so without being 
 
284 TRIAL OF HENEY WIEZ. 
 
 detected. Holm and I hid ourselves iu a very large tree in a kind of a mud-hole 
 among the bushes, and remained there for over an hour ; then we heard the dogs 
 bark. An old Indian had once told me that in case of being overtaken by blood- 
 hounds I should pretend to be dead and the hounds would not attack me. So 
 I told Holm to remain quiet in the bushes and not make any noise, but he was 
 so much frightened by the dogs that he tried to get pp a tree so as not to be 
 torn to pieces by them. While he was trying to get up the tree the dogs came up 
 and caught hold of him by one of his legs, biting quite a large hole. I have 
 drawn a representation of that scene. (A paper being shown to witness :) That is 
 the drawing ; the man climbing the tree represents Holm, and 1 am represented 
 lying under the tree. That represents the character of the dog ; it was a dog 
 looking like this. My comrade was torn by the dogs very badly ; we were 
 brought in by a sergeant and by the men who had the dogs. At that time they 
 had only two dogs ovit and one of them captured us. They brought us into 
 Captain Wirz's headquarters, and one of the sergeants — I don't remmember his 
 name — spoke a few words for me and the other man. Captain Wirz did not 
 punish us, but sent us back to the stockade and gave orders to the sergeant of 
 the detachment not to let us go out any more. 
 
 THE CHAIN-GANG. 
 
 I have noticed persons with ball and chain attached to them. I saw one man 
 in the stockade in the month of August, 1864; the south side of the stockade 
 was where I saw him first. He was insane, for I asked him why he had the 
 ball and chain on, and he told me that he was Samson and they wanted to try 
 his strength. He was a lunatic. I have drawn a representation of that man as 
 confined with the ball and chain. (A drawing being shown to witness :) That 
 is my representation. (The drawing was then placed in evidence.) 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I I have seen a great many men shot in the stockade near the dead-line, inside 
 the dead-line ; I mean between the dead-line and the inner stockade, having 
 crossed the dead-line, between the deadline and the inner stockade. There was 
 a man of my company named Le Vois, a Frenchman, who was robbed in Rich- 
 mond of his gold watch and chain and all his jewelry, in consequence of which 
 he became insane. A few days after coming to Audersonville, he went inside 
 the dead-line near the gate of the north side. He opened his shirt and called 
 on the guard there, who was an old man, to shoot him, saying that he wanted to 
 be killed. The old guard, who was a very sensible man, told him to go out of 
 the dead-line and hallooed to some of his comrades, telling them to call him out ; 
 but he would not come out, and we were all afi aid to go inside the dead-line to 
 bring him out. He went to the next guard, and the next guard shot him, killing 
 him instantly. The guard who killed him was a young boy, about 15 or 16 ; 
 and he said to the old guard, " If I had not killed the Yankee son of a bitch, I 
 would have reported you to Captain Wirz for not shooting him ; but I am satis- 
 fied ; I now get my furlough." This occurred in the month of August 1864, 
 in the first part of the month, I believe. When we were there we did not know 
 one day fi'om another, and I cannot state the day definitely. I know positively 
 of two whom I myself saw killed on the dead-line by the sentries ; one was 
 Le Vois, and another was a corporal of the 125th New York ; I do not know 
 the name of the corporal. Le Vois belonged to company B, 39th New York 
 veteran volunteers. I know the corporal that was killed belonged to the 
 125th New York volunteers. I had seen him before, because his regiment 
 belonged to my brigade. He was killed while reaching under the dead-line for 
 \ clean water ; I do not know to what company he belonged. 
 
TRIAL OF HENRY WIRZ. 283 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I left Andersonville fioally April 19, 1865 ; we were once before taken away 
 as far as Thomaaville, for the pui'pose of exchange, but we had to return. It 
 was the 4th of April when we left there the first time. On coming to Anderson- 
 ville, I had no shelter whatever. In Richmond everything of value had been 
 taken from me, my watch and chain, $250 in greenbacks ; everything was taken 
 from us ; we had to strip ourselves as far as to the shirt. The provost marshal in 
 Richmond with several of his men searched us and took everything away from 
 us. Coming to Andersonville I had no blanket or anything of the kind ; I was 
 put in the stockade and had to lie down and sleep wherever I could find a place ; 
 it was very difficult to find a place even in the sand and mud to lie down and 
 sleep without being trampled on. 1 was in the stockade until the 1st of Novem- 
 ber, when I was admitted to the hospital ; I was not in the stockade after Novem- 
 ber. I could from the hospital look upon part of the stockade — not~ all of it. 
 
 THE RATIONS. 
 
 When I first went to Andersonville we received corn-meal, of which this is a 
 sample, (exhibiting a specimen.) That is a part of one of my rations which I 
 brought away with me. We received as much as a pint, sometimes a sanitary 
 cup-full. This is not one ration, only the balance of one, a very small portion. I 
 think the difference between a pint and a sanitary cup-full is that a sanitary cup 
 contains a little more than a pint. We had no wood whatever. I received this 
 meal and some bacon, about two ounces of bacon, a day. Most of the time I was 
 obliged to eat that meal raw, mixing it up with water and some salt if we had 
 any. We received every three or four days three teaspoonfuls of salt. I was 
 obliged like thousands of others to eat that meal and that bacon raw. Men who 
 had money could buy for 25 cents enough wood to cook a cup of cofiee or mush. 
 I do not remember what was the ration of wood for a detachment of 90. I was 
 in the 71st detachment and twice received wood. The first time I received a 
 stick about as long as my arm ; the second time I got a stick about the same 
 size, perhaps a little larger ; that was during all the time I was in the stockade ; 
 from July 8 till November 1 ; I twice received wood furnished by the confeder- 
 ate government. The quantity I have described was the quantity furnished to 
 me. Later, in the months of September and October, we were sometimes allowed 
 to go out for wood, but then I was too weak and could not carry anything. My 
 usual weight is 150 to 155 pounds ; when I came to Hilton Head, from Ander- 
 sonville, on the first of May, I weighed myself and I weighed 98 pounds. I was 
 a mere skeleton walking on crutches ; I had been wounded. There was one' 
 instance in which Captain Wirz showed a kind of humanity, and I think that I 
 should mention it as well as his acts of cruelty. On the 19th of April, when I 
 left Andersonville to go to be exchanged, the quartermaster had furnished us 
 with rations of pork, which was all rotten. Captain Wirz found out that the 
 meat which the quartermaster had put in the cars for the prisoners was stinking 
 and rotten, I heard him say, " I don't want to be humbugged by any one; I want 
 you to give these men good fresh meat and take out that rotten meat." The 
 quartermaster had to take out the rotten meat and furnish us with good fresh 
 meat, and we got a very good ration too. 
 
 TREATMENT OF THE SICK. 
 
 The first time I came into the stockade I received no treatment whatever for 
 my wound, but afterwards, when I went into the hospital, Dr. Bates, who was 
 always kind to all the sick, took, especial interest in me because I had studied 
 medicine myself; he did all in his power forme, and I think I owe 
 
 owe my life only 
 
286 TEIAL OF HENEY WIEZ. 
 
 to his favor and care. T did not hear any complaints or representations made to 
 Captain Wirz in regard to the treatment of prisoners. When I went there he 
 took our names and counted us off. I showed him my leg and told him that 
 ray wound had not been dressed since I left Richmond, and I wished he would 
 let me have some simple cerate and a bandage before I should go into the stock- 
 ade. He did not give me any answer, but asked me my name. When I had 
 told him my name he said : " You God damned Frenchman, what the hell busi- 
 ness had you to fight against us ?" He refused to give me anything for my wound. 
 I did not receive anything. He went forward taking the rest of the names. 
 The man next to me was a German ; and when he gave his name Captain Wirz 
 said, " I'll be damned if I don't send every one of you to hell." That was 
 before I was put into the stockade, on the 8th of July, in the forenoon about 11 
 or 12 o'clock. 
 
 STOPPAGE OF EATIONS. 
 
 Our rations were cut off on the north side of the stockade, the beginning of 
 August or end of July ; I am not positive ; I had only been in the stockade a 
 short time. The reason for doing this was there was a plan formed under the di- 
 rection of one of our officers, a federal officer who was there in disguise, or who 
 had given his rank as a private, and in consequence was in the stockade. This 
 officer, with several others, formed a plan for escaping, and one of the prison- 
 ers — one of our own men — reported they were about to break out. The police 
 who had been instituted there caught hold of the traitor and took him to the 
 police headquarters, shaved half his head, and put a placard on his breast and 
 one on his back with the word " traitor;" then six policemen took him in their 
 midst and marched him round the camp, calling out that he was the traitor who 
 had betrayed our plan. Captain Wirz afterwards took the man out and came 
 in and wanted to have the men given up who had shaved the man's head. The 
 man was not given up and Captain Wirz said he would stop the rations until 
 the man was given up. We did not receive any rations for two full days. The 
 third day in the afternoon two policemen reported themselves as the parties wlio 
 had shaved the man's head, and we received our rations again. I know that the 
 man who betrayed us was taken out of the stockade ; that is all I know. I do 
 not know what was done with him. Captain Wirz came in there with a guard 
 and took him out ; I do not know whether he showed him any favor afterwards. 
 I know something about the prisoners being compelled by hunger to eat any- 
 thing not proper to be eaten. They caught rats ; they were a very great 
 delicacy ; in the hospital particularly. I have seen the prisoners eat rats. In 
 my tent two of my companions caught rats and slaughtered them, and I ate 
 them myself. That was in December, 1864, and January, 1865. Afterwards 
 Dr. Bates took charge of our division, and he managed so that we got more to 
 eat, and we gave up the business of catching rats. 
 
 TRBATME.\T OF THE SICK. 
 
 Cross-examined by Cod.nsel ; 
 I left the stockade and went into the hospital November 1, 1864 ; I had no 
 duties whatever in the hospital ; I was so sick that I had to be carried to the 
 hospital ; I had scorbuts and, besides, my wound was not healed ; I was 
 wounded in the left leg; I was not able when I first went to the hospital to go 
 without crutches ; I had to crawl on my hands and feet ; there were no crutches ; 
 I might have walked on crutches if I had had any, but I had none. 
 
 THE CHAIN-GANG. 
 
 I saw the man with the ball and chain in August in the stockade ; I think 
 the middle part. 
 
TRIAL OF HENET WIRZ, 287 
 
 CRUELTIES COMMITTED BY WIEZ. 
 
 I saw men bucked and gagged in the months of January and February, 1865 ; 
 no, I think it must have been later ; it was very shortly before we left there, 
 that I went outside ; it was in the latter part of February ; it was after the 20th. 
 It was before the first of March ; I was out in the month of March too. When 
 I went to the hospital I could hardly walk. Afterwards I got better, and 
 crawled out, having one stick and one crutch, which I got from a nurse. When 
 we left Andersonville, we were transported down to Albany on the railroad. 
 We were exchanged. I was delivered into our lines at Jacksonville, Florida. 
 I was never sent to a prison at Thomasville. I was not put in prison there. 
 I passed through there. The first time I stayed there two days, and the second 
 time about a day and a half. I went back from Thomasville to Andersonville 
 in one of the army wagons. I did not march. On the 4th of April, when I 
 left Andersonville for the first time, we were transferred from there to Albany, 
 on the railroad, and from Albany to Thomasville. All those who were unable 
 to walk were transported in army wagons. On the 12th or 14th of April I 
 came back again to Andersonville from Thomasville. I was at Thomasville 
 twice. The second time I passed through Thomasville, perhaps on the 23d or 
 24th of April, to go from there to Jacksonville. I think it was in the latter 
 part of February, 1865, that I saw the bucking and gagging. The man was 
 named Hennessey. I made the drawings which have been shown to me this 
 morning, here in Washington, since I have been summoned here as a witness. 
 I made some while I was at Andersonville, but these are not the ones. I made 
 these form memory only. 
 
 MEN BITTEN BY THE DOGS. 
 
 I said the man was bitten by the dog in the leg; I cannot say which leg. I 
 think it was the left. 
 
 condition of the prisoners in the stockade and the hospital. 
 
 September 12, 1865. 
 
 Rev. William John Hamilton, for the prosecution : 
 
 I am pastor of the Catholic church in Macon, Georgia. I visited Anderson- 
 ville three times. It was one of the missions attached to my church. I went 
 there, I think, in the month of May, 1864, and spent a day there. The follow- 
 ing week I went and spent three days there among the prisoners, and then re- 
 turned, and wrote a report on the condition of the hospital and stockade to my 
 bishop, in order that he might send the requisite nnmber of priests to visit the 
 prisoners there ; and I visited it again after the prisoners had been removed from 
 Andersonville to Thomasville. I do not remember the month that occurred. 
 It was in the beginning of this year, in the month of February or March, 1865. 
 
 Q. State to the court in what condition you found the stockade when you 
 first visited it, and subsequently, and all the time while you were there. 
 
 A. The first time I visited the stockade I only had about three or four hours 
 to spend there. I merely went to see what the condition of the place was. My 
 principal object was to find out, if possible, the number of Catholics who were 
 prisoners there, in order that we might induce the bishop to send a sufficient 
 number of priests. I did not pay much attention to what I saw or heard there 
 then. The following week I returned, and spent three days. I visited the 
 stockade and the hospital, discharging my duties as a priest of the Catholic 
 church. On this my second visit to the stockade, I found, 1 think, about 23,000 
 prisoners there ; at least the prisoners themselves told me there were that num- 
 ber. I found the place extremely crowded, with a great deal of sickness and 
 
288 TEIAL OF HENRY WIKZ. 
 
 suffering among the men* I was kept so busy administering the sacrament to 
 the dying, that I had to curtail a great deal of the service that Catholic priests 
 administer to the dying, for the reason they were so numerous — they died' so 
 fast. 1 waited only upon those of my own church ; they were the only persons 
 who demanded my ministrations. When I speak of the number dying, I mean 
 among those of my own church, and do jiot include others. 
 ^Q. Give the court some idea of the condition of the stockade. 
 
 A. I found the stockade extremely filthy ^ the men all huddled together, 
 and covered with vermin. The best idea I can give the court of the condition 
 of the place is, perhaps, this : I went in there with a white linen coat on, and 
 I had not been in there more than ten minutes or a quarter of an hour, when a 
 gentleman drew my attention to the condition of my coat. It was all covered 
 over with vermin, and I had to take my coat off and leave it with one of the 
 ' guards, and perform my duties in my shirt-sleeves, the place was so filthy. 
 ^ Q. State to the court any particular case which came under your notice that 
 would help to illustrate the condition of things there. 
 
 A. That is about the only idea I can give of the stockade. 
 
 Q. State any particular case you observed showing the destitution of the 
 prisoners. 
 
 A. The first person I conversed with, on entering the stockade, was a coun- 
 tryman of mine, a member of the Catholic church, who recognized me as a 
 clergyman. I think his name was Farrell. He was from the north of Ireland. 
 He came over towards me, and introduced himself. He was quite a boy ; I do 
 not think, judging from his appearance, that he could have been more than six- 
 teen years old. I found him without a hat, and without any covering on his 
 feet, and without jacket or coat. He told me that his shoes had been taken 
 from him on the battle-field. I found the boy suffering very much from a wound 
 on his right foot ; in fact the foot was split open like an oyster ; and, on inquir- 
 ing the cause, they told me it was from exposure to the sun in the stockade, and 
 not from any wound received in battle. I took off my boots, and gave him a 
 pair of socks to cover his feet, and told him I would bring him some clothing, as 
 I expected to return to Andersonville the following week. I had to return to Ma- 
 con to get another priest to take my place on Sunday. When I returned, the fol- 
 lowing week, on inquiring for this man Farrell, his companions told me he had 
 stepped across the dead-line, and requested the guards to shoot him. He was not 
 insane at the time I was conversing with him. It was three or four days after that 
 when I was asking for him. 1 think il was the latter part of May, ] 864. To the 
 best of my recollection his name was Farrell. I do not know to what company or 
 regiment he belonged. I did not ask him. When I speak of administering the 
 sacrament of the church to those dying, I refer to those in the stockade, and in the 
 hospital also — in both places. I spent two days in the stockade and one in the 
 hospital during my second visit to Andersonville. This case that I have spoken 
 of occurred in the stockade. He had no medical treatment at all. None of those 
 who died in there, and to whom I administered the sacrament, received any medi- 
 cal treatment at all, as far as 1 could see. When I went in the hospital I found 
 it almost as crowded as the stockade was. The men were dying there very rap- 
 idly, from scurvy, diarrhoea, and dysentery ; and, as far as I could observe, I could 
 not see that they received any medical treatment whatsoever, or received any 
 medicines at all. 
 
 Q. How were they situated as to beds or bedding ? 
 
 A. They were all in tents ; the hospital was composed of tents arranged in 
 avenues, and I did not see that they had anything under them at all except the 
 ground ; in some cases I think that they had dried leaves that they had gathered 
 together. In my ministration while at the hospital, I saw one surgeon there — 
 the surgeon in charge there at that time, Dr. White. 
 
 Q. State the circumstancea. 
 
TRIAL OF HENRY WIRZ. 289 
 
 A. I was attending an Irishman, I think, by the name of Connor, who 
 was captured at the night assault made on Fort Sumter ; at least I think he told 
 me so. He was captured in Charleston harbor, and he was in the last stage of 
 dysentery. He was so bad that I had to hear his confession and give him the 
 rites of the church sitting upon a stool. While I was hearing the man's confes- 
 sion, Surgeon White passed through the hospital, and seeing me whispering to 
 the prisoner and not knowing, I suppose, who I was, ordered the, guard to bring 
 me up to his quarters under arrest. I went up there and he apologized for 
 having done so ; he having in the mean time inquired of Captain Wirz who I 
 was, and the captain having told him that he had given me the necessary pass. 
 I conversed with Dr. White with regard to the condition of the men, and he 
 told me it was not in his power to do anything for them ; that he had no medi- 
 cine and could not get any, and that he was doing everything in his power to 
 help them. That was the only time I ever met a surgeon there. Captain Wirz 
 gave me the pass. I first called upon Colonel Persons, who was the officer in 
 command at Andersonville, and he referred me to Captain Wiiz, and Captain 
 Wirz gave me a pass and gave me every facility in his power to visit those men. 
 He walked down to the stockade with me and showed me the entrance. That 
 pass held good only for that day. That was the first day I went there. It 
 was renewed afterwards by Captain Wirz. It continued for the three days I 
 was there. 1 did not have it renewed afterwards. I did not visit Andersonville 
 again until the prisoners had been removed to Thomasville. That was the 
 beginning of this year. 
 
 Q. Was Captain Wirz in command ? 
 
 A. I did not see him. I have a mission below Andersonville, at aplace called 
 Americus, and I was going down there to give the people an opportunity of per- 
 furming their religious duties. I stopped at Andersonville, intending to pass the 
 ■night there if there were any prisoners still left there, but was told at the depot 
 tb£|,t the prisoners had all been removed, so I did not go up to the stockade. I 
 do not know if there were any prisoners there or if Captain Wirz was there. 
 
 Q. What did you observe with regard to shelter in the stockade and the suf- 
 fering of the men from heat there ? 
 
 A. Wien I visited the stockade there was no shelter at all so far as I could 
 see, except that some of the men who had their blankets there had put them up 
 on little bits of roots that they had abstracted from the ground ; but I could not 
 see any tents or shelter of any other kind. I got the names of several prisoners 
 who had relatives living in the south, and wrote to their friends when I returned 
 to Macon, and I had some tents introduced there ; they were sent down, and 
 the men received them. 
 
 Q. Can you illustrate to the court the condition of the prison, by stating any 
 instance where you tried to make your way through the crowd to a prisoner 
 who was dying? 
 
 A. Yes, sir; during my second visit to the prison, I was told that there was 
 an Irishman over at the extreme end of the stockade who was calling out for a 
 priest. I suppose he had heard that I had visited the prison the day before, 
 and he was very anxious to see a priest, and was calling for one all over the 
 stockade. There is a branch that runs right in the centre of the stockade, and 
 I tried to cross the branch, but was unable to do so as the men were all crowding 
 around there trying to get into the water to cool themselves, and wash themselves. 
 I could not get over the branch, and had to leave the stockade without seeing^ 
 the man. The heat there was intolerable ; there was no air at all in the stockade. 
 The logs of which the stockade was composed were so close together that I 
 could not feel an'y fresh air inside ; and with a strong sun beaming down on it 
 and no shelter at all, of course the heat must have been insufferable ; at least I 
 felt it so. 
 
 Q. How did it affect the priests on duty there ? 
 
290 TRIAL OF HENEY WIEZ, 
 
 A. The priests who went there after me, while administering the sacrament 
 to the dying, had to use an umhrella, the ieat was so intense. Some of them 
 broke down in consequence of their services there. In the month of August, I 
 think, we had three priests there constantly. We had a priest from Mobile who 
 spoke three or four languages, inasmuch as you could find every nationality 
 inside the stockade, and two from Savannah, and we had one from Augusta at 
 another time. One of the priests from Savannah came to Macon, where I reside, 
 completely prostrated, and was sick at my house for several'days. 
 
 There were saw-mills in that vicinity along the railroad. I do not remember 
 if they were near to Andeisonville. 1 used to visit Albany, which I suppose is 
 thirty or forty miles below Andersonville, once every month. It was my duty 
 to go there that often, and I used to see saw mills along the railroad in operation. 
 I have heard that the prisoners proposed to cut wood for themselves. I have 
 heard prisoners say so themselves. I did not keep an account of the dying men 
 I used to attend per day to administer the last sacrament, but judging from tlie 
 hours I was engaged and what I know to be the length of the service, I suppose 
 I must have attended from twenty to thirty every day ; sometimes more and 
 sometimes less. That was about the average number — between twenty and 
 thirty. 
 
 Q. Can you speak more particularly as to the bodily condition of those inside 
 the stockade, their clothing and the appearance of the men ? 
 
 A. Well, as I said before, when I went there I was kept so busily engaged 
 in giving the sacrament to the dying men that I could not observe much ; but 
 of course I could not keep my eyes closed as to what I saw there. I saw a 
 great many men perfectly naked, walking about through the stockade perfectly 
 nude ; they seemed to have lost all regard for delicacy,, shame, morality, or 
 anything else. I would frequently have to creep on my hands and knee.'i into 
 the holes that the men.had burrowed in the ground and stretch myself out along- 
 side of them to hear their confessions. I found them almost living in vermin in 
 those holes; they could not be in any other condition but a filthy one, because 
 they got no soap and no change of clothing, and were there all huddled up 
 together. 
 
 I never at any time counted the number of dead bodies being taken out of the 
 stockade in the morning. I have never seen any dead carried out of the stockade. 
 I have seen dead bodies in the hospital in the morning. In the case of the man 
 in the hospital of whom I was speaking a while ago, after I had heard his con- 
 fession, and before I gave him the last rites of the church sacrament in " extreme 
 unction," as we call it, I saw them placing the night guards in the hospital, and 
 knew that I would not be able to get out after that. I told him that I would 
 return in the morning and give him the other rites of the church, if he still lived. 
 I was in there early the next morning, and in going down one of the avenues I 
 counted from forty to sixty dead bodies of those who had died during the night 
 in the hospital. I had never seen any dead bodies in the stockade. I have seen 
 a person in the hospital in a nude condition, perfectly naked. They were not 
 only covered with the ordinary vermin, but with maggots. They had involun- 
 tary evacuations, and there were no persons to look after them. The nurses did 
 not seem to pay any attention whatever, and in consequence of being allowed to 
 lie in their own filth for some hours, vermin of every description had got on them, 
 which they were unable to keep off them. This was in the latter part of May. 
 I never noticed in the stockade the men digging in the ground, and standing in 
 the sand to protect themselves from the sun. I did not see any instance of 
 that kind. I have seen them making little places from a foot to a foot and a 
 half deep, and stretching their blankets right over them. I have crawled into 
 such places frequently to hear .the confessions of the dying. They would hold 
 from one to two ; sometimes a prisoner would share his blanket with another, 
 and allow him to get under shelter. 
 
TRIAL OF HENEY WIRZ 291 
 
 Q. Father Hamilton, the law protects you from disclosing the confessions 
 made to you, and of course I will not ask you for anything of that sort, but if 
 there were any confessions made to you at the time of the death of prisoners of war 
 with regard to the cause of death, that you feel authorized to state, I would like to 
 have you state -them to the court; at the same time you have the privilege of 
 declining. 
 
 A. Of course I could not in conscience answer that question, inasmuch as by 
 others it might be construed into a violation of the seal of confession, which is re- 
 garded by Catholics as one of the most sacred and divine institutions of our religion. 
 I do not mean to say that the court would take any advantage of it, but my 
 testimony will go before the country, and by outsiders it might be construed into 
 a" violation of the secrecy of a sealed confession ; for that reason I respectfully 
 beg leave not to answer that question. 
 
 THE REBEL AUTHORITIES ADVISED OF THE CONDITION OF THE PRISONERS. 
 
 When I returned from the stockade after my second visit to it, at the latter end 
 of May, I represented these things to General Oobb. I wrote to our bishop and 
 told him that these men were dying in large numbers ; that there were many 
 Catholics there, and that they required the services of a priest, and he sent up 
 Father Whelan. Father Whelan expressed a desire to see General Cobb before 
 he went down to the stockade. I called upon General Oobb and told him that 
 I had been there, and gave him a description- of the place as well as I could, 
 and he asked me what I would recommend to bfe done, as he intended to write 
 to Richmond with regard to the condition of that place; After I found out from 
 his conversation that nothing more could be done for the bodily comfort of the 
 men, owing to the stringency of the blockade, and so forth, I advised him to parole 
 those men upon their own word of honor, an.d take them down to Jackson- 
 ville, Florida, and turn them into the federal lines. Whether that recommenda- 
 tion was acted on or not I do not know; he asked my opinion and 1 gave it. 
 At that time, when I told him of the condition in which I found things there, it 
 was known to the whole country, for it was published in the newspapers in the 
 south. I do not know about its being common talk and rumor throughout the 
 confederacy. I am only speaking about Macon and southwestern Georgia. 
 The whole of southwestern Georgia is included in my mission, and I know that 
 the condition of the prison was well known in Macon and throughout southwestern 
 Georgia. I do not remember that I made any suggestion with regard to shelter 
 at the time I had this conversation with General Oobb ; it is very probable that 
 I did. I cannot recollect whether he said anything about it or not. 
 
 Q. Do you remember whether he stated that he had written to Richmond or 
 that he was about to write to Richmond to represent the condition of things at 
 Andersonville ? 
 
 A. When he asked me to give him a description of the condition of the place, 
 he remarked, I think, that he was going to write and wished to have some infor- 
 mation from me on the point. He remarked also that he would like me to give 
 him a description, because he knew the relations that existed between the Cath- 
 olic priest and the members of his church, and that they would be more unre- 
 served in communicating with me than with others. 
 
 WIRZ ANXIOUS TO HAVE THE PRISONERS TAKEN CARE OF — HE PLACES NO 
 RESTRICTION O.N TAKING THING^INTO THE STOCKADE. 
 
 Cross-examined by Counsel : 
 I first went to Andersonville about the middle of May, 1864. I only stayed 
 at that time about five or six hours. The train left Macon at half-past eight in 
 the morning, and got to Andersonville about half-past one in the afternoon. I 
 
292 TRIAL OF HENRY WIRZ. 
 
 remained there until about five or six o'clock in tlie evening, and then took the 
 freight train down to Americus. I visited Andersonville the second time the 
 following- week, toward the latter end of May. I stayed at that time three days. 
 I did not visit it after that, not until the prisoners had been removed to Thomas- 
 ville. i saw Captain Wirz the first time I went there. He received me with 
 all kindness and politeness, and seemed to be pleased at my going there when 
 I stated my purpose. I had never seen him before. I had no introduction to 
 him more than I made myself. I told him who I was — that I was a Catholic 
 priest come there to visit the prisoners, to find out if possible the number of 
 Catholics there, and that I had been directed to call on him by Colonel Persons. 
 I called on him the same as any other stranger might call on him. As well as 
 I can remember, he said he was very well pleased to see me, and that, he had 
 fexpected priests would have gone there before that time. I think he had said 
 something to the eflEect that he was anxious to have care and attention given to 
 the prisoners. His action towards me showed that, and if I am not mistaken 
 he told me so. The only time 1 ever conversed with Captain Wirz or saw him 
 was when I went for my pass. I had two passes and went to Captain Wirz for 
 them on both occasions, and those were the only times that I either saw him or 
 conversed with him. t never met him inside the stockade or was with him there. 
 I met him always in his oflSce. There was no restriction upon me whatever in 
 regard to my taking with me anything I chose into the stockade. I could take 
 anything at all, money, clothing, or anything of that sort. I did not while I 
 was there hear of any restrictions placed upon others to prevent them from tak- 
 ! ing in anything they chose for the relief of the prisoners. 
 ^ The Judge Advocate. I suppose, Mr. Baker, you adopt this witness aa 
 your own Nothing was said in the direct examination in regard to taking 
 things into the stockade, and you know the ruling of the Court on that subject. 
 This is one of your own witnesses and you can call him hereafter. 
 
 Mr. Baker. If so, how comes it that you are examining him now? 
 
 The Judge Advocate. I should think that the tale he has told would 
 suflSciently answer that question. 
 
 Mr. Baker. Is this one of our witnesses who has been willing to testify for 
 the prosecution 1 
 
 The Judge Advocate. I will ask yoii, Father Hamilton, whether you gave 
 your statement to me willingly at the time you were examined preliminarily ? 
 
 Witness. Certainly, sir. 
 
 Mr,' Bakeb. Were you brought here as a witness for the government ? 
 
 Witness. I do not know. 1 was summoned. 
 
 Mr. Baker. Did you go and proffer your statement to the judge advocate? 
 
 Witness. No, sir. 
 
 Mr. Baker. How came you then to give it to him ? 
 
 Witness. I came up hear to the court-room to report myself I was a little 
 behind time owing to the other clergyman who was with me being taken sick. 
 When I reported myself. Colonel Chipman, the judge advocate, requested me 
 to come here the following morning. I came up and he examined me privately 
 at this desk. 
 
 Mr. Baker. Then you gave your testimony by his request ? 
 
 Witness. Certainly; he requested me to come up the following morning. 
 
 Mr. Baker. You had no desire to give your testimony for the government? 
 
 Witness. None whatever. 
 
 The Judge Advocate. What does all that amount to ? If you doubt me 
 we will settle it in some way. I think we have heard enough of this. 
 
 Mr. Baker. You stated that our witnesses gave their testimony willingly 
 for the prosecution. 
 
 The Judge Advocate. I should think you might he content with the state- 
 ment of the witness when he says he gave it willingly. 
 
TRIAL OF HENRY WIRZ. 293 
 
 Mr. Baker. There must not be a wrong impression left by statements that 
 our witnesses go up to the government willingly and give their testimony. We 
 have a right to disprove that. 
 
 The Judge Advocate. I insist that you do not annoy me further upon this 
 point. 
 
 Mr. Baker. Then you must not broach th^ subject. 
 
 CONDITION OP THE PRISONERS IN THE STOCKADE AND THE HOSPITAL. 
 
 Cross-examination resumed : 
 
 Of course I could only offer my opinion to the court as to the causes of the 
 death of those prisoners that I saw dying in such numbers I did not see any 
 die from long-standing wounds either in the stockade or the hospital. I do not 
 remember that I attended any who died from wounds. I have seen them dying 
 from scurvy, but not from gunshot wounds. I have seen them dying from 
 diarrhoea and from dysentery — from no other complaints or causes. Those were 
 the prevailing complaints among the prisoners while I was there. I know only 
 the case I mentioned, of any one being shot or dying from wounds recently 
 received, the case of Farrel, and T did not see him shot. All I know about that 
 is, some one said he was shot. 
 
 Q. Give us the names of the priests who attended at Andersonville besides 
 yourself. 
 
 A. Father Whelan was there, a priest from Savannah, and Father Clav- 
 reil, a French clergyman from Savannah; also Father John Kirby, of Augusta, 
 and Father Hosannah, a Jesuit from the Spring Hill college, near Mobile. 
 Father Kirby, of Augusta, remained there two weeks, I think. They did not 
 remain most or all of the time during the summer months. Father Whelan 
 remained there for four months constantly, and the others left after a stay of two 
 or three weeks. I never knew of any restrictions whatever being placed on 
 them, or any unkindness shown towards them by Captain Wirz or by Surgeon 
 White. Surgecln White did not seem to manifest any desire to annoy me in my 
 duties when he ordered me to be brought to his headquarters. He apologized 
 as soon as I entered his office. I had a white coat on at the time he saw nie, 
 and I suppose he did not recognize me as a Catholic clergyman in that garb. 
 He did not seem to have a desire to prevent me from doing any good that I could 
 do. That, was the only time. I am not aware of his desiring to prevent me 
 from giving anything I chose to the prisoners. That was the first and the only 
 time I ever saw him. 
 
 Q. Did Captain Wirz express to you at any time a wish that he had more 
 for the benefit and comfort of the prisoners 1 
 
 (Objected to by the Judge Advocate and the question withdrawn.) 
 
 The nurses spoken of in the hospital were federal prisoners ; they seemed to 
 pay no attention to the sick. I could see them moving around the tents ; I did 
 not discover that they were disabled. I saw them walking through the avenues 
 and around the tents there. They could' have contributed something to the 
 comfort of the sick if they chose, but it did not seem to me that they did. 
 
 THE REBEL AUTHORITIES ADVISED OF THE CONDITION OF THE PRISONERS. 
 
 I think there are three papers published at Macon, or were there at that time."1 
 I remember reading articles in them relating to- the Andersonville prison, par- 
 ticularly in reference to it, describing the condition of the place. I do not think 
 those articles appeared very frequently ; I have read at least two, perhaps three. 
 They gave an idea or correct impression to the public of what I really found 
 there myself It was an accurate description of the place, so far as I could 
 judge from what I had seen myself. They gave the condition of everything. 
 
294 TRIAL OF HENRY WIRZ, 
 
 The design or, object of the articles seemed to be to excite the sympathy of the 
 'people, I should think. I could not say what time in May those articles ap- 
 peared — before I went to Andersonville and after I returned ;■ one article ap- 
 peared before I went there and one or two after I returned. My interview with 
 General Gobb took place about the 1st of June. I went with Father Whelan, 
 to introduce him to General Oobb. That was not before I went to Andersonville 
 the, first time; I had been there twice. I think it was about the 1st of June 
 that Father Whelan came up to go to Andersonville. General Cobb expressed 
 no determination to have the state of things remedied immediately. I do not 
 think he had power to do so ; in fact Father Whelan went to him for the purpose 
 of obtaining a document stating who he was. General Cobb said " he could not 
 give him any such pass as that, but he would give him a letter of introduction 
 to General Winder," which he did ; he wrote the letter in our presence. I do 
 not know if this was about the time General Cobb went to Andersonville him- 
 self; I know he had not been there at that time. 
 
 The Witness, by permission of the court, here made the following state- 
 ment : 
 
 In the course of the proceedings of the court the other day, the judge advo- 
 cate stated that Father. Whelan and I were chaplains at Andersonville, and 
 that of course has gone forth to the papers. I wish to state, that it may be 
 contradicted publicly, that we were not chaplains at Andersonville ; we never 
 held any commissions from the confederate government and received no re- 
 muneration, for our services. We offered our services gratuitously and volun- 
 tarily, but we were not chaplains. I wish to make a further statement, with the 
 permission of the court. I have now been in Washington for nearly two weeks 
 and have been extremely iwell treated by the clergymen of this city. Captain 
 Wirz, in writing his letter to the court soliciting spiritual attendance, seemed to 
 throw an imputation upon the Catholic clergymen of this place which I consider 
 it my duty to remove. He said that since he came here he had not had an 
 opportunity of practicing his religion. The Catholic clergyman with whom I 
 am stopping, Father Boyle, called upon him, giving him money, books, and 
 clothing, and if he had felt desirous at that time of performing his duties as a 
 Catholic, he could have done so. I do not mean that the prisoner intended 
 , anything of the kind, but it might be construed into something of the sort, and 
 I feel bound to clear Fattier Boyle of any imputation of neglect of duty in that 
 way. 
 
 The President. Is the prisoner a member of his church ? 
 
 Witness. I did not know he was a Catholic till Father Boyle told me so. 
 Father Boyle is one of the resident priests of Washington. 
 
 Mr. Baker. I will state on behalf of the prisoner that he had no thought of 
 casting that imputation on Father Boyle or the clergymen of this city. Se 
 tells me that he has seen Father Boyle twice at the office. 
 
 September 12, 1865. 
 
 Charles E. Tibbles, for the prosecution : 
 
 I have been in the military service of the United States, in the 4th Iowa infantry. 
 I was a prisoner at 4ndersonville. I went there on the 2bth of March, 1864, 
 and escaped on the 7th or 8lh of September. 
 
 threats of wirz. 
 
 We were taken there in the night. It was very dark and rainy. The cap- 
 tain ordered us to report at the same place at 9 o'clock next morning ; we did 
 so ; we formed in line in two ranks, and were counted off ; we were then ordered 
 to stand in line until the whole of the prisoners were counted off — all the men 
 in the prison ; we did so. We were in line about two hours. I think there 
 
TRIAL OP HENRY WIRZ. 295 
 
 were only some six thousand there at that time. I presume we were kept there 
 until all were counted ; we all dispersed at the same time. I do not know 
 whether Captain Wirz had heen engaged in counting before that time. I know 
 Captain Wirz personally. The next morning after we went there a man walked 
 along the front of our line, about ten feet from the line. Captain Wirz turned 
 around and saw him and caught him by the throat. He drew his pistol and 
 told him he would blow his damned brains out if he did not keep away. I also 
 saw him draw his pistol on several other men. I never saw him shoot any- 
 one. 
 
 CONDITION OF THK PRISONERS IN THE STOCKADE. 
 
 At the time we went into the prison the men were almost skeletons. We 
 thought that night that they were all negroes. Some of our party said, " What 
 poor negroes ! what a shame to use them so badly !" It was a dark, rainy night, 
 and we went up to some of their fires. They ordered us away. They appeared 
 to have no feeling for any one except themselves. They would not let us stay 
 close to the fiie. These were our own comrades. They said they were their 
 fires and that we could not stand by them, and they drove us away. I staid 
 there about three weeks. I think our rations, when I fiist went there, were a 
 pint of meal and four ounces of meat. This was reduced to half a pint of meal 
 after I had been there three or four weeks. About the time it was reduced I 
 was put on det ched service, on the police squad, and I got double rations. But 
 although I got double rations and was never sick, I was so nearly starved that 
 I do not believe I could walk a mile without sitting down. In regard to this 
 police, as I have heard witnesses say that we did not do our duty, I wish to say 
 this: We were ordered to bury all the filth, to dig holes to bury it ; we did so ; 
 we buried it a foot or eighteen inches deep ; we dug so many holes that we could 
 scarcely find a place to dig without digging into these holes which we had al- 
 ready dug. When we did there would come up a great mass of maggots and 
 filth worse than if we had not covered it at all. About the 1st of June the pen 
 became so crowded that we could not move among the men so as to clear up 
 the place at all. It was so crowded that the rebel sergeants did not come in 
 to count the men off. Whenever it rained hard the filth washed out from where 
 we buried it into the camp again, so that the ground was covered with a com- 
 plete mass of lice and maggots ; we could see the lice wosking in the sand. 
 About the 23d of June, 1864, I was detailed to go to the graveyard to bury 
 the dead. 1 marched up to Captain Wirz's headquarters and signed an article 
 of agreement. I was to have the privilege of a mile without being guarded, 
 and double rations, and was to work in the graveyard. When I got to the 
 graveyard I was so weak that I entirely gave out, and I had to lie down and 
 rest for an hour before I was able to do anything. I got up then and carried 
 two buckets of water that afternoon about three hundred yards. When I got 
 to my quarters I was so weak that I trembled all over. Although I was hungry 
 I could not eat a bit. But I gained strength by double rations and fresh air, 
 and grew a good deal better. 
 
 Q. State anything that you saw as illustrating the brutalizing effects on the 
 prisoners of the treatment they received. 
 
 A. On my way up I saw a man immediately in front of my tent. He had a 
 piece of moustache or whiskers in his hand, and said, "God, I've got a piece of 
 his moustache anyhow." I asked him whose; he said the man who was shot — 
 that a piece of his moustache was shot off and that he had picked it up ; it was 
 bleeding in his hand. 
 
 VACCINATION. 
 
 I was vaccinated a short time before I went out of the stockade. It did not 
 take much effect, but left a small sore on the arm. After I worked some time 
 
296 TRIAL OF HENRY WIEZ 
 
 it began to swell up under my arm so that T had to carry my arm in this posi- 
 tion, [illustrating] It swelled up as large as my fist, but I had still to continue 
 working. The doctor told me that if it broke it was certain death. A great 
 many did die from the same cause. I used iodine on it three times, and at last 
 the swelling gave way, but it swelled around here [in the side] about the thick- 
 ness' of my hand. The doctor burned me around here with some sort of chem- 
 ical, and at the same time branded me on the back with the letters U. S. (To 
 the court.) He had some kind of stuff with which he burned through the skin, 
 caustic of some kind. It did not burn at first, till he dipped it in water. It 
 was nitrate of silver, I think. He said, when he. branded the U. S. on me, 
 " That is a good joke ; they will know you when they see you." I do not know 
 who that doctor was. I do not think I would know him again if I saw him. 
 He was a large, sandy- complexioned man, I think. 
 
 Q. Did you notice any men die who had been vaccinated 1 
 A. I have noticed lots who died with great sores on their arms. I have seen 
 men apparently raving and crazy from the sores on their arms. I have- seen 
 men with the flesh eaten off under their arm two- thirds the way down [illustrat- 
 ing.] I have seen men that I could lay my hand right into the ribs under the 
 9.rms. Those whose sores broke under the arm hardly ever survived. I have 
 seen the doctor take a plaster from the side of a man at the gate and scrape the 
 rib bone. The man was sent back, the doctor saying that he was not sick 
 enough to go to the hospital. 
 
 Those who were sent to the hospital were the very worst cases sometimes, 
 and sometimes they were not as bad as the others. Sometimes they would take 
 a man who could walk while there was a man lying by his side who could not 
 walk or get up, and he would not be taken to the hospital. I saw a man there 
 with a very bad arm, begging for two weeks, at least, to get out to the hospital. 
 He did not get out while I was in the stockade, but he got out shortly after- 
 wards, and he died, I believe. I saw a great many extra arms at the graveyard 
 that were not cut off, but were disjointed at the shoulder. They would be 
 brought out with the dead, and almost always the next day the bodies would be 
 brought out belonging to them. They were generally eaten up with vaccination. 
 I had a brother there. He was vaccinated in the arm, but it did not break out 
 below. On three or four different places on top of the arm there weie large 
 sores. The scars remain as large as a silver half dollar. He recovered ; he 
 was outside and would go to the hospital steward of our own men, where we 
 would get better attention than we would inside. He belonged to the fourth 
 Iowa infantry. 
 
 THE DOGS. 
 
 After we had been there some time burying he dead — 1 think it was in the 
 latter part of July — Captain Wirz issued orders to us that we would not be 
 allowed the mile as the agreement stated, but only from the graveyard to our 
 quarters, and we were guarded every night. Thinking that as he broke, his 
 agreement I was not bound by mine, I made my escape on the 7th or 8th of 
 September, and was recaptured by the hounds about forty miles from Anderson- 
 ville. We were on a fence when fhe hounds came up, and we fought them off. 
 The hound keeper told us to get down, and we said we would not until he would 
 call the hounds off. They said they had orders to let the hounds bite us, and 
 they drew revolvers and said they would shoot us if we would not come down. 
 We told them to shoot; that we would rather die anyhow than goto Anderson- 
 ville. (To the court.) There were four of us. There were six rebels. They 
 whipped the hounds off and we got down and were marched back to Anderson- 
 ville. On arriving at Andersonville we were braught up in front of Captain 
 Wirz's headquarters. The hound keeper said, "Here are these Tankees, cap- 
 
TRIAL OF HENEY WIRZ. 297 
 
 tain." Said he, "I will attend to them in a minute," and he ordered his revolver 
 to be brought to him. The orderly brought his revolver; after he made his re- 
 volver ready he came out, holding his revolver I think, in his right hand, came 
 in front of us, looked at us a little bit, and said, " Where is Crandall ?" referring 
 to another man who escaped the same day. We told him we did not know 
 anything about him. He turned to the hound keeper and said, "If you will 
 bring me Bill Crandall I will give you five hundred dollars out of my own pocket. 
 I will learn him how to run away." Then turning to us, he said, "You young 
 sons of bitches of Yankees, I'll make you smell hell before night." He then 
 turned to the sergeant and said. "These men's sentence is to work in the grave- 
 yard hard every day, on half rations, to be sent into the stocks at night, and not 
 to be exchanged when the other prisoners are exchanged. Take these men and 
 see that my orders are fulfilled, and if they do not work, or if they refuse to 
 work, put them in on top of the dead and cover them up, and if you don't do it, 
 I will serve you the same way." The sergeant took us to the graveyard, where 
 we worked all day. That night we were taken back and put in the stockade. 
 The next day Captain Wirz came to us and said he had received orders to send 
 us all away, and that he would put a special guard over us. He started us to 
 Florence, South Carolina, and that was the last I saw of Captain Wirz. That 
 was in September. This man Crandall is the same who testified a day or two 
 since — William Crandall. 
 
 STOPPAGE OF RATIONS. 
 
 Captain Wirz came to our squad one day in the stockade ; we' were well, 
 hearty men, and could always get in line. He expressed himself that he thought 
 a great deal more of us than of the rest, because we got in line. Said he, " them 
 Yankee sons of bitches down there don't get anyihing to eat to-day. They 
 would not stand in line when I told them. You can go to your quarters, but I 
 makes them stand in line ; if they don't, why, they don't get no rations." The 
 men scattered and lay down, and they did not get any' rations that day. I 
 heard Captain Wirz say the same day that he would starve them to death. He 
 said they hallooed '' More grub !" "Hit him with a brick !" and so on, and that he 
 would starve the sons of bitches to death. 
 
 THE CHAIN-GANG. 
 
 I saw men in the chain-gang while I was outside ; I saw men in the chain- 
 gang who were nothing but mere skeletons. The first man I saw in it had a 
 shackle around one foot attached to a large ball, I cannot say what size ; I think 
 it was a sixty -four pounder. There were six in a row, each of them having his 
 inside leg fastened to a large ball ; on the outside leg there was another ball, I 
 think a thirty-two pounder with a short chain. The next squad that I saw 
 there — it may have been part of the same who were not released— were fastened 
 in the same way, only that they had an iron band around the neck and a chain 
 running from one ,to the other clear out. They asked me for some soap, saying 
 that they had not any ; I. did not have any money and could not get them any 
 soap, but 1 believe Crandall got them some soap. They were very black and 
 dirty. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I never saw a man shot there, but I heard the guns go off and saw the smoke, ^ 
 and saw the men after they were dead. I never heard the rebel sentry say any- 
 thing at the time ; I heard sentries say th( y shot men and got furloughs for it. 
 The sentries who shot prisoners were relieved right away, just as quick as they 
 could get a guard to the post. I saw that ; I saw a one-legged man ; they called 
 
298 TRIAL OF HENKY WIKZ. 
 
 him " Ohickamauga," and sometimes " Pretty Polly," at the front gate, talking 
 to Captain Wirz about getting out. I was present ; I wenfedown and heard him 
 say that he would make the sentry shoot him, or something to that efitect. I 
 never liked to see anybody shot, and so I went to my tent. There I heard the 
 sentry fire and I saw the smoke, and saw him draw up his gun as if he had been 
 shooting. I then went up to the place and found the man lying there shot. 
 iHe was just inside the dead-line. 
 
 THE DOGS. 
 
 Cross-examined by Counsel : 
 
 I ran away from Andersonville once ; I know of others who said they had ran 
 away. I worked at burying the dead from the 23d of June to 7th or 8th of 
 September ; I worked in the same squad with Crandall. We knew each other 
 well while there. There were sometimes thirty or forty at work there ; James 
 B. Orampton, George W. Tibbie and Benjamin Hornard ran away with me. 
 When we came back we were sent to the graveyard on half rations to work 
 there, and we wer« put in the stockade ; that was the greatest punishment in the 
 world. We were not put in any stocks. The sergeant looked around and said, 
 " Boys, there are not stocks enough for all of you, and I guess we will put you 
 in the stockade." I was not there when Crandall came back, and I never saw 
 him again. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I stated that I heard something about making the guards shoot "Ohick- 
 amauga." He was standing at the gate talking with Captain Wirz at the time 
 he made that remark. He got shot. 
 
 By the Judge Advocate : 
 I know nothing about the six men who were hung in the stockade, only that 
 I saw them hung from the outside. 
 
 September 12, 1865. 
 
 John H. Goldsmith, for the prosecution : 
 
 I have been in the military service of the United States, in the 14th regi- 
 ment Illinois infantry. I was taken prisoner on the 4th of October, 1864, at At- 
 wood, Georgia ; I arrived at Andersonville on the 1 1th day of Oct6ber, and 
 remained there until the 18th day of March, 1865. Captain Wirz was in com- 
 mand of the prison all the time I was there. 
 
 the rations. 
 
 On or about the 1st of March, 1865, Captain Wirz put me in charge of the 
 rations to be issued to the prisoners inside of the stockade, and to the paroled 
 men outside. I had charge of the rations up to the time I left the prison. The 
 rations consisted of half a pound of meal of very poor quality, half a pound of 
 beef, half a pound of peas and two gills of molasses. The ration of molasses 
 was on each alternate day, and of beef the same day. When they took the beef 
 and molasses together, there was one quarter of a pound of beef and one gill of 
 molasses. The beef was very poor; aome called it "jackass." It was salt; 
 we got some fresh once or twice a week. It was poor meal, with cob and grain 
 all ground together. (The sample of meal produced by De la Baume was here 
 shown the witness.) That is just the quality of meal, as ageneral thing. Captain 
 Wirz used to give me the orders always for drawing rations, when I had charge 
 of the rations. He used to make out tickets for me to draw from Captain Arm- 
 
TRIAL OP HENRY -WIEZ. 299 
 
 Etrong. I drew what He made out the tickets for. The ticket specified the 
 articles and the quantity — it limited the rations. The rations issued to our pris- 
 oners was just one-half the quantity issued to the rebel troops. There were 
 three days there that he increased the rations of meal and of peas to J pound 
 per day. At the end of three days he put the ration back to the old standard 
 again. He said the Yankees were getting too damned saucy, and that he would 
 bring them to their milk. 
 
 THE PRISON RULES. 
 
 I was out on parole most of the winter, from the 21st of November, 1864, until 
 the time I left. My duties outside the stockade was writing for Captain Wirz. 
 Part of the time I attended to the death list, making out the records of the pris- 
 oners. I had no particular duties assigned tome, but to assist in writing. The 
 death list was the list of those who died each day in prison. I was engaged in 
 that duty every morning. I recorded the names of those who were shot. I did 
 not keep the causes of death there, but merely stated the day they died, without, 
 stating the disease. I have had to write out orders for Captain Wirz to punish , 
 men — ordt^rs to the guard to fire upon them in case any of them attempted to 
 speak to the guard. There were orders issued for the discipline of the prison, 
 warning men not to attempt to speak to the guard, as they had got orders to fire 
 upon them if they did so. I have heard verbal orders given to rebel sergeants 
 to punish those who had command of detachments inside in case they faded to 
 report any man that was missing. They were to be punished by being placed 
 in the stocks or by being bucked and gagged. 
 
 WIRZ BOASTS OP THE VALUE OF HIS SERVICES. 
 
 I have heard Captain Wirz say he was doing more good there than if he 
 were in the field, and that he could whip more men than Johnston's army could. 
 He did not make that statement more than once that I recollect. That was 
 made about the latter part of January, 1865. I cannot recollect his saying 
 "killing;" he said he could whip more men. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I have seen orders signed by the prisoner in relation to furloughs. I made out 1 
 a furlough once for a man who killed one of our own men ; he received a fur- 
 lough for thirty days. His name was Scott ; he belonged to the fourth Georgia 
 reserves. The man he killed was Henry Lochmire, belonging to some Penn- 
 sylvania regiment. I cannot recollect what regiment. It was in the latter 
 part of February, 1865. i 
 
 Cross-examined by Counsel : 
 The soldier came there and claimed his furlough, saying that he had earned 
 it by killing a man. I don't recollect what Captain Wirz said to him, only he 
 ordered me to make out a. furlough for him for thirty days. He did not state 
 on the furlotigh that he gave it to him because he killed this prisoner. He did 
 not state that in any other way. I know it was for that caiise, because the men 
 said it was, and it was known that the men were receiving furloughs for killing 
 our men. Captain Wirz gave furloughs to the troops who • were gnarding the 
 prison ; at least I have seen him give the furloughs. I believe General Gart- 
 rell had command of the troops during the latter part of the time I was there. 
 1 saw Captain Wirz give four or five furloughs in that way ; in fact I have seen 
 nearly all Captain Wirz's sergeants receiv^e furloughs from him. The furloughs 
 were in writing. I saw sergeants get furloughs for ten days. They never re- 
 ceived a furlough for any greater length of time than that to go to their homes. 
 
300 TRIAL OF HENRY WIRZ. 
 
 wherever that might he, and return. I have written some of their furloughs, and 
 other clerks have done the most of it. I wrote a furlough for Sergeant Thomas 
 Smith. He was one of the sergeants who kept the prison, a roll-call sergeant. 
 He belonged to the fifty-fifth Georgia regiment. That was in January, 1865, 
 I think. I don't know who commanded that regiment ; the regiment was not 
 there. There were some eight or ten detailed from that regiment on duty aa 
 sergeants. Smith was on duty there and called the roll inside the prison. He 
 was never on guard over the prison. He had nothing to do with the guarding 
 of the prison that 1 know of 
 
 Q. And yet you say that he got a furlough for shooting prisoners ? 
 
 A. I did not say that ; I said that a man named Scott had got a furlough for 
 thirty days for killing one of our own men ; that was the only one I knew of. 
 That is the only instance I know of These other men got furloughs to go 
 home and see their folks They had nothing to do with Union prisoners, only 
 in calling the roll and seeing to the discipline of the prison being carried out. 
 This man Scott belonged to the fourth Georgia reserves. He got his furlough in 
 the latter part of February, 1865. I do not know who the colonel of his regi- 
 ment was. I never saw him before nor after that. He got the furlough imme- 
 diately that he asked for it. He claimed it on the ground of shooting a prisoner. 
 Captain Wirz signed the furlough and I copied it. I did not copy it in my 
 books. I suppose Scott came to the oflSce from his regiment ; I cannot tell. 
 He stated when he shot the man. He said he shot the man two days before he 
 applied for the furlough. He stated that he was on duty, at the time he shot 
 him, on the east side of the prison hospital and outside the hospital. There 
 was no question asked then about what kind of a man he had shot ; the day he 
 killed the man he was questioned about it. I did not hear the questioning. I 
 understood that Captain Wirz had questioned him ; I heard some of the sergeants 
 talking about Captain Wirz questioning him. I heard it in casual conversation. 
 Captain Wirz told me to write out the fnrlough and he signed it. 1 don't re- 
 collect that I stated where that soldier belonged. I do not recollect his full 
 name, only the last name — Scott. 
 
 THE PRISON RULES. 
 
 I saw this order warning prisoners. The order was relating to the discipline 
 of the prison, warning men to keep away from the dead-line and not to speak to 
 any of the guards when on duty, as the guards had received instructions from 
 Captain Wirz to fire upon every one who attempted to speak to them. That 
 was made by Captain Wirz. I mean he wrote the order and gave it to .us to 
 copy. We made thirty -five copies of it, about the first of February, to go into 
 the detachments inside. Those orders were taken to the sergeants who had 
 charge of the squads inside. No paper accompanied the order. These rules 
 were made by Captain Wirz's orders. I did not have General Imboden's order 
 before me at the time ; I did not see General Imboden's order until after these 
 orders were written out. I saw them, I suppose, a couple of weeks after. That 
 -would be the latter part of'February, and on the first part of February I made 
 out these orders. There were no men shot in the stockade after I copied these 
 rules that I know of — I never heard of any. 
 
 THE RATIONS. 
 
 By the Court : 
 Captam Wirz made out provision returns day by day. I saw these returns. 
 They stated the number of men and the number of rations. They calculated 
 the rations. The number of pounds of meal was calculated They were made 
 out and brought to me every morning, showing the number of pounds I was to 
 have issued. We used to draw five days' rations at atime from the commissary, 
 
TRIAL OP HENRY WIRZ. 301 
 
 and have tbem put ia another room. They were issued in bulk to Mr. Browers, 
 who had charge of the bake-house. He used to come with the teams and take 
 it to. the cook-house. After that I had nothing to do with them. I do not know 
 what was done with the rations of a detachment that was stopped. I believe 
 they were returned to the commissary. They were not given to the men again. 
 By Counsel: 
 
 The requisitions made out by Captain Wirz were made by the number of 
 men. Captain Wirz would make out the number of rations to be issued to that 
 number of men. He would put it down in pounds I am sure that the number 
 of pounds was carried out in figuies. I used to draw five days' rations at a time. 
 Captain Wirz would give me tickets to issue next morning a certain number of 
 pounds. I kept those tickets and returned them next morning to Captain Wirz's 
 office. They represented the number of rations and the amount that I was to 
 issue to the prisoners. Captain Armstrong, the commissary, would give me the 
 rations in. bulk. When this requisition was made out 1 would take it to Captain 
 Armstrong and draw the rations. That was my business every time I drew the 
 rations. I would get the tickets from Captain Wirz, and on these tickets there 
 would be so many men and so many rations per day. He would make out these 
 tickets from his morning reports. He would make out the number of men and 
 then calculate the rations to be issued to them. I never had anything to do 
 with the morning reports. I do not know how he would make out that ticket. 
 They were yellow paper tickets. There would be on those tickets just the 
 number of rations — peas, so mauy pounds ; meal, so many pounds ; molasses, 
 so many gallons ; salt, so many pounds — and the number of men in the stockade. 
 One ticket would be made out for the stockade and another for the paroled men 
 outside. The rations taken into the stockade were issued in a lump to them, 
 whatever their rations would come to. I mean for the whole thirty thousand. 
 There were thirty thousand prisoners when I was there. That would be all on 
 one ticket. If there were five, seven, or ten thousand men, their rations would 
 be all on one ticket. The number of rations for that whole body of men were 
 on that ticket. When the requisition was ijiade out it went from me to the 
 commissary. I had to receive my little tickets next morning so as to know 
 what number .of rations to issue. The requisition remained in Captain Arm- 
 strong's office after he filled it for me. When Captain Wirz wanted to give a 
 three days' ration to the prisoners he would put it on this morning ticket, and 
 when he wanted to cut off rations he would take them off. — 
 
 By the Court : ■ 
 
 There were no days when rations were not issued to the men in the stockade 
 while I had charge of them. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 By the Assistant Judge Advocate : • 
 
 I know that when I went out on parole there was some sanitary clothing 
 there. Captain Wirz had a little of it iu a room adjoining his office, and gave 
 me a suit of clothes from it. I got a pair of pants, shirt, drawers, and socks, and 
 shoes. I have seen those sanitary goods worn by some of his sergeants. I 
 have seen them have some of the blankets, drawers, shoes, and socks. I never 
 saw ^y sanitary provisions there. That is all T know about sanitary goods 
 there. I saw a very small quantity there. That was when I first went to his 
 office. 
 
 September 12, 1865. 
 
 Jasper Culver, for the prosecution : 
 
 I was connected with the first Wisconsin infantry. I was captured at Chicka- 
 mauga and taken to Kichmond and Danville, and afterwards to Andersonville. 
 I arrived at Andersonville on the 16th of March, 1864. 
 
302 TRIAL OF HENRY WIRZ. 
 
 STOPPAGE OF RATIONS. 
 
 I know tte prisoner. I saw him frequently. Wlien I fii;st arrived at the 
 priaon it was in charge of a man named Selman.' At least I saw him counting 
 off squads and seeming to have a great deal to do there. 8oon after I went 
 there Captain Wirz came there and took charge. I first saw him come into the 
 stockade with Selrnan in the evening. Selman gave his orders to the men to 
 fall in the next morning in four ranks. Next morning they beat roll-call and 
 we fell in as he directed. Captain Wirz came and counted us off in detachments 
 of 270 men, and divided these into nineties, appointing a sergeant over each 
 ninety. He then gave his orders not to break ranks, to remain in ranks until 
 he got through counting the prisoners. We did not stay in ranks, except for 
 some time, as we supposed we were all through. I was down towards the gate 
 afterwards, about noon, and heard Captain Wirz going about using rough 
 language. He said we should not receive any rations, and he would learn us to 
 stand in ranks as we were ordered, and we did not receive rations that day. 
 That was the first day that he took command. I saw him shortly afterwards 
 when he was counting off. I was standing near by and happened to be looking 
 towards him. A man seemed to be walking past him, and Captain Wirz turned 
 around and struck him three or four times and knocked the man down. I saw 
 the man afterwards. He seemed to be quite sickly and delicate. He could 
 hardly walk. Some time after that rations were stopped from tlie northern side 
 of the stockade. That was some time in April, 1864, I think. Next day he 
 came over and said he would give us rations, (I was on the south side,) but that 
 the fellows on the north side would not get rations because they did not do as 
 he had ordered them to do. He said that they had broken ranks, and he, would 
 not give them any rations ; and he did not. 
 
 THE RATIONS. 
 
 I was not kept in the stockade all the time I was there. I was put on duty 
 in the bakery on the 29th of June, 1864. That was the bakery on the stream 
 just above the stockade. My duties there were to unload the meal that came 
 there and carry it into the bakery, and also to load the bread into the wagons 
 for the stockade. The meal was generally very coarse, as if it was ground cobs 
 and all. Other sacks seemed to be very good meal. A great many sacks came 
 there in which the meal was mouldy and wet, as if it had been stored in a damp 
 place. Some of it would come in large mouldy chunks of meal. Sometimes it 
 could not be used at all. It was not used. It was just thrown out by those 
 who were making it up. 
 
 [The sample of meal exhibited by De la Baume was here shown to the 
 witness.] 
 
 That is a fair sample of a large portion. There were sometimes some sacks 
 better thaij that, but very seldom. It was generally of that quality. I have 
 sometimes noticed sacks coarser than that. I used to help in loading the bread 
 into the wagons. The 'bread was baked in cakes about eighteen inches long, 
 ten inches wide and two inches thick, made of this meal. Ten of those loaves 
 or " cards" were sent out to a detachment of two hundred and seventy men for 
 one day. There was some baked in larger pans, about two and a half feet long, 
 fifteen inches wide and one and a half or two inches thick. There were four or 
 four and a half of them sent to each 270 men. They were generally very poorly 
 baked. The centre of them was almost always raw. They never could be 
 baked properly. Those large " cards" that were baked in the night and sent 
 in in the afternoon frequently became sour and stringy ; it became stringy from 
 the sour dough and the heat of the bread, and it was impossible 'to eat it. 
 
TRIAL OP HENRY WIRZ. 303 
 
 THE CHAIN-GANG. 
 
 I saw the chain-gang. When I firat went outside of the stockade on the 29th 
 of June, 1864, I saw twelve men in the chain-gang chained together under 
 guard. Next morning they came down to the bakery to wash. I gave them 
 some water and pails to wash and also carried their rations to them from the 
 bakery. I saw them almost every day for over a month or six weeks that they 
 were together. They were placed in two files with a thirty-two pound ball 
 chained to each outside leg of the file on the right side and on the left leg of 
 the left file. I'hen they were chained with what seemed to be two 100 pound 
 balls, af least they called them 100 pounders. There were three men of each 
 file with chains attached to each one of these 100 pound balls. They had also 
 a band of iron riveted around each man's neck, and a chain attached from one 
 man to another. In that conditioij they were kept. I believe there were six 
 men in each file. The file leaders were not attached to the other file. If one 
 man moved the whole twelve had to move. One of the file leaders was very 
 poorly and seemed as though as he could hardly carry himself without carrying 
 ball and chain; those in the gang with him complained about his being sick. 
 He caused a great deal of trouble by reason of his having diarrhoea, and they 
 all had to go with him whenever he was called, I afterwards saw this sick man 
 out of the chain-gang, but he had the ball upon his legs, also the band upon his 
 neck. He afterwards died in the guard-house. I saw our men who were on 
 parole take the irons off him after he was dead. He was taken from the chain- 
 gang, but the thirty-two pound ball was left upon his- leg and the band upon his 
 neck, and they were left upon him until he died. I think he died three or four 
 days after he was relieved from the chain-gang. I think he died some time in 
 July. I do not know his name or his regiment. I never made inquiries about 
 it. I think the same occurrence was testified to by one witness. I thiuk 1 
 heard a different one testified to, although I do not recollect of any other oc- 
 currence of a man dying in the chain-gang but this one. I heard these men 
 complain to us who had been out on parole that he was a great trouble to them. 
 
 THE STOCKS. 
 
 ' I have often seen mew in those stocks that are spoken of. I have seen men 
 in^them very frequently. I never knew of men dying in the stocks. It was a 
 common occurrence to see men standing in those stocks, and also men lying down 
 in the stocks that were made to hold men in that way. They had to lie upon 
 their backs with their feet about a foot from the ground ; they lay in that posi- 
 tion all day in the sun. I know of one man in particular ; he was a man who 
 used to drive one of the wagons that drew rations into the stockade. He also 
 used to help draw the dead with the same team. This man, for something or 
 other, was put in there. I saw him lying on the ground all of one day in the 
 sun. I cannot think of his name, although I did know it. 
 
 A PRISONER SHOT BY WIRZ's ORDER, 
 
 I do not recollect " Chickamauga's" name. I recollect hearing them say he 
 belonged to the ninety-sixth Illinois. I was at my tent and saw a crowd around 
 the gate. I walked down towards the gate and saw Captain Wirz onhis gray 
 horse inside the gate. I walked up towards the crowd. Just as I got there 
 Captain Wirz came to the gate and I asked him what the trouble was, and he 
 said that the boys were having some fun with " Ohickamauga." I turned 
 around to go back towards my tent, when I heard the report of a gun and saw 
 the guard just drawing back his musket .and I saw the smoke of the gun. I 
 turned around to go back again near the dead-line, and saw this cripple lying 
 
304 TRIAL OF HENRY WIRZ. 
 
 just inside the dead-line! He seemed as if he was not quite dead ; he was 
 writhing in the agonies of deatli. I turned with some of the boys who took him 
 up and were conveying him to the hospital. I walked along with them and 
 looked at him. After I got some distance away, I looked around and saw Cap- 
 tain Wirz upon the sentry box with the sentry. I did not hear anything said 
 or any remarks made by him to the sentinel. I went off to my tent pretty 
 thoroughly disgusted. 
 
 WIRZ'S BOASTS OF THE VALUE OF HIS SERVICES. 
 
 I heard Captain Wirz make a remark with reference to what he was doing 
 there. He was just inside the gate one day ; there was quite a crowd there talk- 
 ing. I heard one of the boys making the remark, that he would rather be at 
 the front with Sherman or Grant than to stay there. Captain Wirz made the 
 remark that he was doing more for the confederate government there than any 
 general in the field, and he made some other remark which I did not hear dis- 
 tinctly. It was just- inside the gate. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 I was on duty at the bakery when that detachment of Stoneman's cavalry 
 which was captured was brought in. They were brought there, taken out of 
 the cars and put under guard, just east of the railroad, on the side of the rail- 
 road towards the prison. They were stripped of almost everything they had in 
 the shape of clothing that was worth anything — boots, blankets and hats. A 
 large number of the men came down to the stockade bare-headed and bare-footed. 
 I went up towards the depot afterwards and saw large piles of clothing, stuff 
 that seemed to be plunder taken from the prisoners. That was in August, 1864, 
 or in the latter part of July. 
 
 THE PRISON RULES. 
 
 I recollect while I was in the stockade, several times, once particularly, a 
 rebel sergeant, after counting our squad, had some orders from Captain Wirz to 
 read to us. He read them, stating that if any prisoner attempting to escape 
 was recaptured, he would be made to wear a ball and chain for the rest of his 
 imprisonment, and that a sergeant having charge of a squad and failing to report 
 a prisoner who had escaped from his squad would be put in irons and be kept 
 in irons until the prisoners were recaptured. He said che order was signed by 
 Captain Wirz. Another time he came in, counted us off, and told us the orders 
 were to remain in line till all the prisoners were counted. In the daytime they 
 used to have a sentinel on every other post, but that day there were two sentinels 
 on each post. He pointed to them and said, " You see that they have doubled 
 the guards ; there are two now upon each post, and they have orders to fire into 
 any squad that breaks out or attempts to break out." The rebel sergeant said 
 that. " But," said he, " it is not by my orders, I assure you." Some of the boys 
 asked by whose order it was, and he said by Captain Wirz's order. I was there 
 when a gun was fired over the stockade. There seemed to be considerable 
 excitement there. I did not know what it was about ; all the regiments were 
 bronght inline, double-quick, down to the front part of the stockade, and drawn 
 up in line. All the gtinners seemed to be at their posts, and there seemed to be 
 great excitement in the camp. I did not learn the cause of the excitement. 
 The next thing I heard was a cannon fired, and the ball went over the top of 
 the stockade, not into it. The troops were all under arms at the same time. 
 
 Cross-examined by Counsel : 
 I was not near the fort where the gun was fired from ; I heard the gun fired. 
 
TRIAL OP HENRY WIRZ. 305 
 
 THK RATIONS. 
 
 I was at work in the bakery from the 27th of June, 1864, to the 12th of Sep- 
 tember, 1864. There were two rehefs, and in each relief thirteen men, working 
 at the bakery, and four or five extra hands, making about thirty-two hands in 
 the bakery. Those were all Union prisoners. A man by the name of James 
 Duncan, a rebel, controlled them. There were no rebel soldiers or officers over 
 them but this Duncan. Each of those reliefs had one of our men as boss-baker, 
 and Duncan had chargeof everything. They received their orders through Dun- 
 can. All the boss-bakers did was to see that the bread was baked. The meal was 
 generally brought in the morning. I helped to carry it in and put it in the bakery. 
 When it was baked, it was issued to the troops in the afternoon. There was 
 hardly ever any meal or any stores of any kind kept on hand in the bakery. 
 Almost always, when it was not sent into camp in the morning, it was baked through 
 the night. We baked nightand day — one relief for the night, and the otherfor tie 
 day. Duncan and a man named Humes took it to the stockade after it was 
 baked. Humes went into the stockade and issued it It was sent in through 
 Mr. Duncan. There was a clerk there who received the orders, who told me 
 how much to issue to each detachment. He received those orders from Captain 
 Wirz. The clerk was one of our own men. He had his station at the bakery ; 
 he staid at the bakery all the time. Duncan and Humes, and his clerk, were 
 the only three that had anything to do with the business while I was there. 
 I never knew of any of those men being arrested on charges preferred against 
 them for stealing or selling the bread. I saw Captain Wirz at the bake-house 
 quite often ; he would generally come down and go through it, and then go out 
 again. I never heard him give any orders. I never saw him interfere with the 
 management of the bake-house. This Duncan seemed to have the care of the 
 surroundings of the bakery — the keeping of it clean. Some of us men were 
 detailed as a police around the bakery. They seemed to attend to their duties 
 properly. It was not made clean, and properly kept around the bakery. Im- 
 mediately round, near the door, and in the bakery, it seemed to be kept clean, 
 but the filth of the cook-house and bakery was thrown off some distance from 
 the bakery into a swamp, and that was very filthy. That swamp ran down to 
 the brook. The offal was thrown in there by Duncan's order ; at least I heard 
 him order the men to throw their trash out in the swamp. It was five or six 
 rods from the creek where they threw most of the stuff. I heard the men ask 
 Duncan where they should throw some grease and' stuff that came from the 
 cook-house. This was before the cooking was removed. The stuff was liquid, 
 and in a barrel ; Duncan told him to throw it out there, pointing to a place in 
 the swamp. There was very little to be thrown into that swamp after the 
 cook-house was removed ; nothing more than the sweepings of the bake-house. 
 This did not make the water in the creek greasy. Filth would accumulate 
 around where the men were working. The sweepings of the meal would be 
 scattered and become sour, and would cause the water to be filthy. We 
 used to take water from that creek to mix the bread with. It could not help to 
 be otherwise than unclean, because the rebel camps were above, and they always 
 used the creek to wash their clothes, and for every other purpose. The water 
 in the well above the bakery was not good. I do not know what caused the 
 water in the well to be bad ; it seemed to be be clear, but it was very bad-tasted. 
 There was a small spring above, where they used to get drinking-water from. 
 We often used to speak about the uncleanlineas of that brook. I often heard 
 them speak of it, and say that the offal of the bakery ought to be removed some- 
 where else where it could not run into the prison. We would have had to take 
 it a good ways from the bakery, and we had no way of disposing of it. I never 
 heard any orders given by Captain Wirz that they should be taken off over 
 the hill. 
 
 H. Ex. Doc. 23 20 
 
306 TRIAL OF HENRY WIRZ. 
 
 THE PRISON RULES. 
 
 I think it was in May that the orders I have spoken of were read. It was 
 about the same time that the sentries were doubled and the posts so strongly 
 guarded. I think that had nothing to do with the prisoners breaking out and 
 turning the guns on the camp. 
 
 THE CHAIN-GANG. 
 
 I do not know what the men in the chain-gang had done to receive that pun- 
 ishment, more than what I heard them say themselves. That was all through 
 the month of July, that I saw them there. I saw some of the same men, that 
 I am sure of. I saw one man in particular who was there all the month of 
 July. 
 
 By the Court : 
 
 I do not know what he was put in for, only what he said himself when he 
 was in the chain-gang. He said he had endeavored to escape from the prison 
 and was brought back and put in the chain-gang. 
 By Counsel : 
 
 He did not say anything about having been paroled and having violated his 
 parole. 
 
 By the Court : 
 
 I recollect this one man being kept all through the month of July. I think 
 it was some time in the month of August he was taken out. I know of his being 
 there over a month. I am positive of that. His clothing seemed to be pretty 
 good. He had a hat or cap on and had also a jacket and pants. 
 
 ILLNESS OF CAPTAIN WIRZ. 
 
 Upon the meeting of the court, on the 13th of September, the judge advocate 
 laid before the commission the following letters : 
 
 Old Capitol Prison, 
 Washington, D. C, September 13, 1865. 
 Sir : Captain Wirz has been pronounced by the surgeon at this place to be too much 
 prostrated to be able to appear before your court to-day. 
 Very respectfully, your obedient servant, 
 
 GEO. WEIST, 
 Cnptain and Military Superintenden, 0. C. Prison. 
 Colonel Chipman, Judge Advocate, 
 
 Old Capitol Prison, 
 Washington, D. C, September 13, 1865. 
 Captain : I have the honor to inform you that Captain Wirz is unable to leave his room 
 to-day. He is suffering from nervous prostration. 
 Very respectfully, your obedient servant, 
 
 C. M. FORD, 
 Acting Assistant Surgeon, V. S. A. 
 Captain Weist, 
 
 Superintendent O. C. Prison, 
 
 Counsel for the accused making no objection, the proceedings of the last 
 meeting were read and approved. 
 
 MB. BAKER RBUUESTED TO PRODUCK EVIDENCE OF WITNESSES HAVING BEEN 
 
 TAMPERED WITH. 
 
 ' The President called the attention of Mr. Baker, prisoner's counsel, to the 
 fact that he had promised to furnish the names of witnesses alleged to have 
 been tampered with, and inq^uired whether he was prepared to furnish those 
 names. 
 
TKIAIi OF HENEY WIEZ. 307 
 
 Mr. Baker. I stated at the time that I could not give the names of any 
 witnesses, as I am not acquainted with any of them. I went privately to the 
 judge advocate. 
 
 The President. That has already been stated. The question is whether 
 you can furnish the names of the witnesses. 
 
 Mr. Baker. I would do so cheerfully if I could, but I cannot. 
 
 The President. Does the court wish any further action taken? 
 
 The Judge Advocate. I have nothing to say or propose in regard to that 
 matter. 
 
 The President. The court appears to be satisfied with the inference to be 
 drawn from the fact that the counsel is unable to give the names of any witnesses 
 who are alleged to have been tampered with, and they exonerate the judge 
 advocate from any imputation suggested or implied by the former statement of . 
 the counsel. (See p. 265.) — ' 
 
 letter from judge JAMES CASEY, PERMITTING USE OF THE COURT OF CLAIMS 
 
 ROOM. 
 
 The Judge Advocate. I hold in my hand a letter which I received last 
 night from Hon. James Casey, chief justice of the Court of Claims, and, as we 
 hold this room by his courtesy and kindness, I think it is due to him and to 
 ourselves that this letter be placed on the record, as showing that the military 
 authorities did not arbitrarily take possession of this room. 
 
 Cherry Eun Hotel, 
 Rouseville, Pa., September 7, 1865. 
 Dear Sir: My absence and bad mail facilities in this region, will account for the long 
 delay in my answer to your note. Had I been there I should most cheerfully have given 
 my consent to the occupation of the court-room by the military court. I am glad you an- 
 ticipated our concurrence, and trust you have had all the facilities my officers and servants 
 could afford you. 
 
 Very respectfully, yours, 
 
 JAS. CASEY. 
 Colonel Chipman. 
 
 adjournment of COUET on account OF THE ILLNESS OF THE PRISONER. 
 
 On motion, the court, on account of the sickness of the prisoner, adjourned 
 until September 14, directing that, at that time, a report as to the condition of 
 the prisoner be presented from the medical officers having the care of him. 
 
 The commission met on the 14th of September. Present all the members. 
 The counsel for the prisoner were also present. 
 
 The Judge Advocate stated that he had received through Captain Weist, 
 superintendent of the Old Capitol prison, the following letter from the surgeon 
 having the care of Captain Wirz : 
 
 Old Capitol Prison, 
 Washington, D. C, September 14, 1865. 
 
 Captadt ; I have the honor to inform you that Captain Wirz is some better, but unable 
 to leave his room to-day. 
 
 Very respectfully, your obedient servant, 
 
 C. M. FOED, 
 Acting Assistant Surgeon U. S. A. 
 Oaptaiu Weist, 
 
 Superintendent Old Capitol Prison. 
 
 The Judge Advocate stated that he had addressed a note to Doctor Ford 
 inquiring whether the prisoner would probably be able to be in attendance to- 
 morrow, but the messenger had reported that he had been unable to find the 
 doctor. 
 
308 TRIAL OP HENRY WIRZ. 
 
 On motion, tlie commission tooli a recess half an hour, in order that a reply- 
 might be received from the physician. 
 
 On the reassembling of the court, the judge advocate stated that the mes- 
 senger had not been able to find Dr. Foi-d. 
 
 Mr. Baker stated that he had visited the prisoner yesterday, and that he ap-. 
 peared much prostrated. Though he might be able to come here to-day or to- 
 morrow, the physical exertion and mental excitement might again prostrate him, 
 so that the commission would have to adjourn over. By an adjournment now 
 for a few days, the prisoner might acquire strength, so that the trial could pro- 
 ceed without further interruption. He was extremely anxious that the trial 
 sliould proceed as speedily as possible. 
 
 On motion, the commission adjourned till Monday morning, September 18, at 
 ten o'clock. 
 
 The commission met on the 18th of September. Present all the members 
 except General Geary. The prisoner and his counsel were also present. 
 
 The Judge Advocate stated that General Geary, who, since the adjourn- 
 ment of the court, had left on a visit to his home, had not yet returned, and 
 from the arrangement of the trains could hardly be expected to be here till about 
 3 o'clock p. m. In view of this fact, and also in consideration of the obviously 
 prostrated condition of the prisoner, the judge advocate suggested an adjourn- 
 ment until September 19, 1865. Whereupon the commission adjourned until 
 September 19, at 10 o'clock. 
 
 MR. BAKER SUBMITS A SUPPLEMENTAL LIST OF WITNESSES FOR THE DEFENCE — 
 REMARKS THEREUPO.\. 
 
 r~~ 
 
 Upon the meeting of the court on the 19th of September, Mr. Baker submit- 
 ted a supplemental list of witnesses for whom the defence desired the government 
 to send, accompanied with a statement of the nature of the evidence they are 
 expected to give. Mr. Baker said : These are all the witnesses that we are under 
 the necessity of having a messenger sent for. There are a large number of 
 others who I hope can be reached by mail. For those I shall ask subpoenas, and 
 run the risk of the mail failing to reach them. I have given the names of all 
 those for whom I suppose it will be necessary to have a courier despatched. 
 
 A Member of the Court. You state in reference to one of those witnesses 
 that he would testify that the squad outside had the same provisions as the 
 confederates. It is evidence that those outside had double rations. 
 
 Mr. Baker. It is impossible, of course, for us to go into all the particulars as 
 to the testimony which these witnesses will give. I must state something to 
 show their materiality ; but, in doing so, I do not by any means state all that we 
 expect to prove by them. There are other points of great importance which 
 we expect to prove. I do not suppose the court will require that I shall state all 
 the points which will be embraced in the evidence of the witnesses. I desire 
 that the court will direct that these witnesses be sent for immediately, so that 
 ■ they may be here in time. 
 
 -=-^rhe Judge Advocate said that, as the witnesses whose names had been 
 presented resided in different parts of the country, some in Florida, some in 
 Georgia, some in Alabama, some in South Carolina, a single messenger could 
 not probably serve the subpoenas and secure the presence of the witnesses in less 
 than six weeks. He therefore Suggested, as a much quicker and surer method 
 of obtaining the attendance of the witnesses, that the commandants of the nearest 
 military posts be telegraphed to. If the witnesses could be found at all, the 
 military authorities could find them with much more expedition and certainty 
 than any messenger that might be sent. 
 
 Mr. Baker said that he would not object to any plan which would be effectual. 
 What was desired was that some one should zealously search and follow up 
 ■witnesses whom there might be some difiSculty in finding. 
 
fmXfr OF HENRY WIEZ. 309 
 
 The Judge Advocate replied that the military authorities would use every 
 effort, through detectives and officers in the secret service, to find the witnesses. 
 
 The court was cleared for deliberation, and when the doors were reopened, it 
 was announced that the commission had decided to direct that the judge advo- 
 cate send subpoenas for the persons named to the commandants of the different 
 military departments in which they are supposed to reside. 
 
 September 19, 1865. 
 
 the disposition of lieutenant colonel chandler's report showing the 
 condition of the andersonvillb prison. 
 
 R. T. H. Kean, for the prosecution : 
 
 I was employed as a private soldier for some eight or ten months in 1861, 
 in the army of Northern Virginia, then commanded by General Johnston. From 
 February, 1862, till April, 1862, 1 was assistant adjutant general of the brigade 
 commanded by Brigadier General George W. Randolph. 'In April, 1862, when 
 Mr. Randolph became secretary of war, I was appointed chief of the bureau of 
 war at Richmond, and remained so until April of the present year. I know 
 Mr. Seddon's handwriting. The words "Noted, filed, J. A. S ," on General 
 Winder's report, are, I believe, his handwriting. I am familiar with the hand- 
 writing of the assistant secretary. Judge Campbell. The indorsement signed 
 "J. A. Campbell, A. S. W.," on Colonel Chandler's report, is in his handwriting. 
 The brief is in the handwriting of R. B. Welford, who was a clerk in the war 
 office. He was an intelligent lawyer, and his duties were chiefly of a legal 
 character. When legal questions were to be investigated they were referred to 
 him for evisceration, and bulky documents were frequently referred to him and 
 he digested and briefed them ; he would sometimes at the same time express 
 an opinion on the contents. I remember that a report was made by Colonel 
 Chandler with regard to the Andersonville prison. I was on duty there as chief 
 of bureau of war. I do not recollect the date that report was made — probably I 
 cannot come within two months of it — but my impression is it was made about a 
 year ago in August or September. I saw it at the time. I have no doubt the 
 paper marked "Exhibit 18" is the same report to which I refer. I did not ex- 
 amine it with a view to note whether it bore any changes or erasures, and do 
 not recollect it with sufficient distinctness to be able to say whether it is in letter 
 and syllable the same as it was or not. It was laid before the secretary of war, 
 Mr. Seddori, I think, by the assistant secretary, Judge Campbell. Judge 
 Campbell and myself had some conversation about it. I am not quite certain 
 whether it was before or after it was submitted to the secretary, but I think it 
 was on the day the report was received in the war office from the adjutant gen- 
 eral's office. After I had got through with the press of my own duties I glanced 
 it over hastily, not having time to read it very deliberately, and it was the sub- 
 ject of some conversation between Judge Campbell and myself, the conversation 
 being some comments on matters stated in the report. The conversation on the 
 part of Judge Campbell is very well indexed by this indorsement. I do not 
 remember to have had any conversation with him about the report after it was 
 submitted to the secretary. It is quite possible something may have been said be- 
 tween us later than the day of its reception in the war office, but I have no dis- 
 tinct recollection upon that subject. I do not know that the report was acted 
 upon by the secretary of war. I think I should have known it if it had been. 
 I do not mean to say that I knew all the action the secretary of war took by a 
 great deal, but it would probably have been in my way to know it if action had 
 been taken upon it. I am unable to say how long it lay upon his table. Pa- 
 pers, especially bulky papers, were somewhat apt to lie upon his table, particu- 
 larly last year, when, from the circumstances of the case, the pressure upon him 
 
310 TRIAL OF HENRY WIRZ. 
 
 was infinitely greater than before. The matter was subsequently called to his 
 attention. About the Ist of February, 1 think, a day or two before his resigna- 
 tion, after his resignation was sent in and before it was accepted, Lieutenant 
 Chandler, the officel- who made the report, was in Richmond for the purpose of 
 desiring some action upon it. A controversy had grown up between him and 
 General Winder in reference to the subject-matter of the report, which had re- 
 sulted in an issue of veracity between them. That, as Colonel Chandler stated 
 to me, and as Colonel Chilton, the inspector general, adjutant general's office, 
 stated to me, rendered it very desirable to Colonel Chandler that some disposi- 
 tion should be made of the paper. I do not know that any action was ever 
 taken upon it. None was taken at that time. As I stated, the resignation was 
 pending at the time, and he went out of oflSce on the 7th of February. General 
 Breckinridge came into office on the 8th, and gave very little attention to the 
 papers from that time. The indorsement on this paper was made by me and 
 that is my signature. I was at that time acting as chief of the bureau of war. 
 This indorsement was in relation to the same report, and was the same matter in 
 controversy between Colonel Chandler and General Winder. I was in the habit 
 sometimes of presenting such matters to the secretary with a verbal statement ; 
 at other times when it was difficult to speak to him, I would put the paper on 
 his table, with a memorandum of this kind, not intended as an official document, 
 but as a memorandum, merely to accompany the paper into his hands and draw 
 attention to it, and then of no further use. This is a paper of that character. 
 
 The paper of which the following is a copy was submitted in evidence by the 
 judge advocate and is appended to this record : 
 
 Honorable Secretary of War : 
 
 These papers involve a painful personal issue tetween the inspecting officer and General 
 Winder. Colonel Chilton, acting inspector general, has requested, for tms reason, that action 
 be taken on them, so as to relieve one or the other of the parties. 
 Respectfully, 
 
 R. T. H. KEAN, 
 
 Chief of Bureau of War. 
 February 6, 1865. 
 
 From the way in which Judge Campbell spoke of this report at the time re- 
 ferred to just now, I think it excited special interest on his part. That was the 
 first and only conversation I distinctly remember. 
 
 Q. Did you ever have a conversation with him subsequently, in which he 
 stated that he had not been able to draw the attention of the secretary to the 
 matter 1 
 
 A. I do not recollect such a one in reference to this paper particularly. I do 
 not say such a one may not have occurred, because it was not unusual for us in 
 our intercourse to remark upon the difficulty of getting papers — especially bulky 
 papers — disposed of. I mean by bulky papers, such as would occupy con- 
 siderable length of time in reading. 
 
 Q. Would you call this report of eight pages a bulky paper. 
 
 A. My impression is that there was a good deal of matter accompanying that 
 paper which is not there now. The report itself is not particularly bulky, though 
 it is much larger than the average of papers that came to the war office. When 
 you first handed it to me it seemed to me not one-fourth of the size of the pack- 
 age of papers I recollected. This is all of the original report itself. 
 
 Cross-examined by Couxsel : 
 I do not remember in what month the matter first came to my attention. It 
 would be pure guess-work to try to give any idea what month it was. Records 
 were kept in the office which ascertained all that with precision, and my atten- 
 tion was not given to recollecting the date of the receipt of papers for that 
 reason. Every paper was examined upon the day of its reception in the office, 
 
TRIAL OF HENKY WIRZ. 311 
 
 BO that if a paper came in on a certain day I would see it that day. I think the 
 time I have mentioned was the time it was received in the office. It came 
 originally to the adjutant and inspector general's office. General Samuel Cooper 
 was adjutant and inspector general. Colonel R. H. Chilton was on special duty 
 in that office as assistant inspector general, and papers of this decription would 
 have been referred without examination in the adjutant general's office on receipt 
 there to him, and examined in his office, and by him, if necessary, would be 
 referred to the secretary of war, where his action was requisite. All papers 
 that were received in my office I examined so far as the briefs were concerned. 
 They were briefed by my clerks, and I examined the briefs. If they were such 
 as required action in that office, I passed them over to the assistant secretary. 
 I presume it was the same day the report arrived in my office that I had this 
 conversation with Judge Campbell — at farthest not further than the next. I 
 cannot tell that first conversation — what I first said and what he replied to me. 
 I think I can relate the amount of it. I do not know which of us mentioned 
 the subject of the report first, or how it came to be mentioned. My impression 
 is that, after glancing over the report, I asked him if he had seen it, and he said 
 he had. I was sitting at my desk with the report before me at the time, and he 
 turned over one or two pages and pointed his finger to some paragraphs in it 
 with some remarks about them, the precise tenor of which I do not recollect, but 
 the impression left upon my mind being that those were matters which he con- 
 sidered bad. 
 
 Q. Can you tell us what subject those matters related to ; what portion of the 
 report ; whether it was as to the question of veracity between General Winder 
 and Colonel Chandler, or to the condition of the prison, or what it was ? 
 
 A. The issue of veracity had not then been raised. One subject I do recol- 
 lect his pointing to in that way was the rate of mortality. I am not sure of 
 anything else. 
 
 He did not indicate any precise thing to be done. He did not say whether 
 it should be taken up and acted on. It had not been acted on, and we both 
 knew it. It had not yet gone into the secretary's hands. It was on the secre • 
 tary's table; whether he read it or not, I cannot say.- I had no means of know- 
 ing it. I am unable to say how long it was on his table. I cannot say with 
 certainty how long it was after it left me before I saw it on his table. I was in 
 his office, constantly, every day, and there would be possibly from a dozen to 
 half a peck of papers on his table. I would not examine each one, and I can- 
 not tell particularly what day I saw this one there. I cannot recollect that I 
 ever saw this paper lying there singly and alone. Generally, indeed I may say 
 invariably, there were a number of papers on his table. There were always at all 
 times several bundles of papers on his table. There was nothing unusual in 
 seeing this paper lying there without attention anymore than others. I do not 
 remember the number of papers accompanying this report. My recollection is 
 that the package of papers was much larger than it is now. There is an indorse- 
 ment on the report which indicates, I think, the number of enclosures. 
 
 the supply of pkovisions in gilobgia in 1864 and 1865. 
 
 Septkmbbr 19, 1865. 
 
 W. T. Davenport, for the prosecution : . 
 
 I reside in Americus, Sumter county, Georgia. I was there during the rebel- 
 lion. I was tithe agent, from April, 1864, till the surrender, for Sumter county. 
 I have made a memorandum of the amount of stores, provisions, coming into my 
 hands during the year 1864. I can make a statement with regard to it. I 
 made this memorandum carefully from the books in order to refresh my memory 
 as to the amounts received from the 1st April, 1864, till 1st January, 1865, and 
 
312 TRIAL OF HENEY WIRZ. 
 
 from 1st January, 1865, till the surrender. The amount of bacon received at 
 that depot from Sumter county and from the counties of Schley, Webster, and 
 Marion (of which my depot, being on the railroad, was the receiving depot) for 
 the year 1864 was 247,768 pounds; we received of corn 38,900 bushels; we 
 received of wheat 3,567 bushels; we received 3,420 pounds of rice, (in the rough;) 
 of peas, we received 817 bushels ; we received of sirup of West India cane and 
 sorghum (we made no distinction; we put it all together,) 3,700 gallons; we re- 
 ceived of sugar 1,166 pounds. From the 1st January, 1865, till the 19th of 
 April, which was the time of the sun-ender, I received from those same 
 counties 155,726 pounds of bacon, and 13,591 bushels of corn. I received 
 only 86 bushels of wheat. This was the remnant due on the old crop, the new 
 crop not having been gathered. That was the reason why the amount was so 
 small. I received of rice, (rough,) 2,077 pounds; of peas, 854 bushels; of 
 sirup, 6,082 gallons, and of sugar, 56 pounds. That completes the whole 
 amount of the tithes received from those four counties by myself. We collected 
 one-tenth of the whole crop. There was a depot at Andersonville. Some por- 
 tions of the tithes were delivered there, and some portions were delivered to 
 travelling companies that received tithes that were not reported to me. They 
 were reported to the post quartermaster, but never came into my county reports. 
 What proportion they formed, I cannot tell. Two of these counties were 
 quite small, Schley and Webster counties. My county, Sumter, and Marion are 
 fair average counties. 
 
 EFFOETS OF LADIES TO RENDER ASSISTANCE TO PRISONERS. 
 
 I heard of the efforts being made by the ladies of my vicinity to render assist- 
 ance to the federal prisoners who were suffering at Andersonville and of their 
 being rejected. I know nothing of my own knowledge about it. 
 
 Mr. Baker. I have no objection of his stating what he heard; that ia part 
 of our defence. I am willing he shall state the whole. 
 
 I heard there was an effort made by the ladies of our town and vicinity to 
 give relief to the suffering prisoners at Andersonville, and that they had made 
 two successful trips with provisions to carry in to the prisoners, and that the 
 third time they were repulsed by General Winder and almost insulted, so that 
 they did not attempt the thing any more. 
 
 Cross-examined by Counsel ; 
 I did not hear that General Winder insulted Captain Wirz because he insisted 
 that the goods should come in. I don't think I heard any other person com- 
 plained of except General Winder in relation to the movement of the ladies of 
 Americus. 
 
 THE SUPPLY OF PROVISIONS IN GEORGIA IN 1864-'65. 
 
 I began to act as tithing agent for those four counties on the first day of April, 
 1864, and continued till the close of the war. I turned the articles I have men- 
 tioned over to Mr. N. B. Harrold, who was commissary agent of those counties 
 of Major Allen at Columbus, who was commissary agent for the district. All the 
 stores were shipped through Harrold, and what disposition he made of them I 
 could not say. I knew at the time I turned them over that he was a confederate 
 officer. I had orders to do it. I was not acting as an officer. I went into the 
 office more to support my family than anything else; I was a private citizen and 
 civil officer. I was appointed, but I had no commission. The post quartermaster 
 appointed me. He was a confederate officer. He had a commission. I was 
 acting then as a civil officer for the county. I did not receive any pay. It was 
 an office without pay — an office of honor only; not much honor either. It was 
 an office in our State which is devoid of either honor or profit — judge of the 
 
TRIAL O'P HENEY WIEZ. 313 
 
 inferior court. All I received I tunied over to the commissary. They brought 
 their tithes to me ; I never went oiit in the country. I never went out to see what 
 amount of stores they had. We arrived at the amount of stores there were in 
 the country in this way : We had an assessor, an office connected with the col- 
 lector's office ; parties would come in to the assessor and state, under oath, that 
 they had produced so much, and the assessor would assess one-tenth of the whole 
 crop to be collected by me. The assessment papers were then turned over to 
 me, and upon those assessments I made the collection. All those statements 
 were given in under oath. The planters made oath — those that produced the 
 crops. A man, for instance, would swear that he had produced so many pounds 
 of pork, say ten thousand pounds of pork ; well, every thousand pounds of pork 
 is estimated at six hundred pounds of bacon, and they then collected one-tenth 
 of six hundred, which would be sixty pounds of bacon to the thousand pounds 
 of pork. These statements were brought to me by the assessor. He was not 
 the one that travelled in the country. It was his duty to travel, but he did not 
 travel ; the parties came in to him and he made the assessments. Each planter 
 brought his tithe in for himself. He brought the stores in and delivered them 
 to me. I did not take his affidavit as the ground on which I received them. 
 The assessor took his affidavit and turned the assessment over to me. I took 
 that as the account against them, and I collected it. It was like a judgment. 
 There were some complaints about it. Sometimes parties would complain that 
 they had given in too much ; they had been laboring under a misapprehension. 
 They never complained that they had given too little, but they frequently com- 
 plained that they had given too much. I ascertained in that way the condition 
 of the crops in that year ; whether they were good or bad. Frequently inquiries 
 would be instituted by the post quartermaster if their statements were true, and 
 if so he would release them to the extent that they claimed release. There was 
 little, very little indeed of releasing in that way. There were not a great many 
 demands for it in proportion to the number taxed. We were harassed by per- 
 haps ten or a dozen, but not more than three or four, I think, got released. In 
 1864, the first year, bacon accumulated with me to a very large amount. The col- 
 lection began, I think, on the 1st of March. It was before I went in, but that was 
 the time to begin the collection of bacon, and it remained there until some time in 
 June before it was removed. I think at one time we had 150,000 pounds of bacon 
 at once. I knew it was a matter of complaint among the citizens that the army 
 was suffering for provisions while large amounts accumulated in the quarter- 
 master's office. I think the cause of that detention was want of transportation. 
 In 1864 wheat would commence to come in from May, scattering all along till 
 the end of the year. I noticed some after the Ist January. My report does 
 not show at what time it came in ; it only shows just the aggregate amount. I 
 have no means of knowing in what month the larger quantity came in. A por- 
 tion of it was gathered in May, and a portion of it was gathered in June, and 
 from those months on to the 1st of January. The farmers generally sought a^^ 
 favorable time. The corn would come in first about the middle of November, 
 and all through the winter months. It would not begin to come in previous to 
 that month ; ithad to be prepared for keeping. The rice came in about from the 1st 
 to the 31st of November. I received very little that would be of use during 
 the summer months except the bacon ; the bacon was all pretty much collected 
 in the months of March and April. I do not remember how the crops were in 
 1863. T did not go as tithe agent till 1864, and had no connection with the 
 office before that. I heard comparisons between the crops of 1864 and 1863, 
 but I do not remember. When I first commenced in my office something came 
 into my possession from the crops of 1863, but I do not remember ; I did not 
 make a statement of it. I know nothing about the crop being damaged and 
 most destroyed in 1863 ; if it was, I do not remember it. I am a merchant; I 
 am not brought in connection with agricultural matters. 
 
314 TRIAL OF HENEY WIRZ. 
 
 By the Court : 
 
 It was bacon of good quality. It takes 60 pounds of the clear grain to make 
 a bushel of rice. I do not know how much rough rice it takes, but I think it 
 takes 144 pounds of rough to make a clear bushel of sixty pounds. We had 
 tables of all these things, but I have forgotten them. I do not state this to be a 
 true estimate. From my idea of the weight of the chaflf it would be too much. 
 The corn we received in 1864 was intended to be the growth of that year, but 
 sometimes the planters in delivering their corn would deliver old corn in place 
 of new. It would be sacked up and could not be detected till it was carried to 
 the mill. Some few sacks were found in that condition. There was tithing in 
 1863 ; it began in the fall, I think, of 1863. 1 think it commenced in September 
 of that year ; my remembrance is not very clear on that point. There was a 
 good deal of bacon on hand when I went into the office ; a portion of the bacon 
 which I reported was on hand. 
 
 By Counsel : 
 
 I have no means of telling what proportion of the supplies I have mentioned 
 came in in the fall months. 
 
 Q. Can you from your judgment give us some idea ? 
 
 A. Well, the corn and the bulk of the wheat was delivered in the summer 
 months, but then some portions of it would be delivered all along ; some even 
 beyond the 1st January, 1865. 
 
 By the Court : 
 
 All the pork came in early in the season, They delivered it early in the 
 season because it weighed then better. The sooner it was delivered the less 
 loss there was in it. 
 
 the marking op the graves of union soldiers at andersonville ; 
 ^ number of graves ; and the manner in which the soldiers were 
 buried by the eebel authorities. 
 
 September 19, 1865. 
 
 Captain James M. Moore, for the prosecution : 
 
 My position is assistant quartermaster United States army. I was engaged from 
 July 26, 1865, till August 16, in marking the graves of Union soldiers at An- 
 dersonville ; also in enclosing the cemetery. The whole number of interments 
 was 12,912. There were 12,397 graves marked with names ; 451 unknown. 
 The number of graves in the small-pox cemetery was sixty-four ; that includes 
 all that I was able to find. I found no graves whatever in the stockade, 
 though Colonel Griffin, who was appointed by General Wilson to superintend 
 the cemetery before my arrival, stated 
 
 Mr. Baker objected to witness stating what he had heard from Colonel 
 Griffin. 
 
 We found the bodies interred in trenches averaging from one hundred to two 
 hundred yards long. They were buried so closely that the tablets which 
 marked the graves almost touched each other. The tablet measured but ten 
 inches. In some places the distance between them was greater, but the tablets 
 were seldom more than two inches apart, making about one foot for each man. 
 We marked the graves with the number, the name, the company and regiment, 
 and the date of death. We got the data from the records which had been kept 
 at the prison, and which were captured by General W^ilson. I got them from 
 the War Department. At the head of many of the graves was a stake numbered, 
 that number corresponding with a similar number in the book, to which the 
 name was attached, showing the occupant of the grave. That was the only 
 
TRIAL OF HENET "WIEZ. 315 
 
 index we had. In many cases those stakes were knocked down, and we were 
 obliged to^measure the distance from one stake to another. For instance, between 
 10,500 and 13,000 there would probably be a dozen stakes missing, and we 
 would count off a space occupied by the stakes that were up, so as to know the 
 occupant of the grave, as far as possible. Of those who were buried last the 
 graves were not marked, and we were unable to identify them. In such cases 
 on the head-board were placed the words " Unknown — United States soldier." 
 They were buried in trenches ; the trenches a distance of probably six feet 
 apart, in some instances not more than four. There was a main avenue running 
 through the centre. There was no enclosure whatever. I found no graves 
 exposed. They had been cared for. The officer appointed by General Wilson had 
 taken charge of the cemetery. I found a gentleman in charge of it who was 
 formerly an officer. His name was Colonel Griffin. I know that when he got 
 there the bodies were exposed, from the fact that when I got there I found, on 
 putting down some of the boards, there was but a slight covering on some of the 
 bodies, and the hair of some of the men was exposed, showing that in some 
 instances they were but a few inches underground. At the instance of the 
 government the graves were all marked ; walks were laid out ; the cemetery, 
 containing fifty acres, was enclosed with a neat fence ; appropriate inscriptions 
 were placed through the cemetery, and it was beautified, as much as my means 
 would permit. 
 
 Counsel for the prisoner declined to cross-examine the witness. 
 
 By the Court : 
 
 The average depth at which I found the bodies buried was between two and 
 three feet. They were all buried. I saw the remains of none. The stakes 
 indicated that they were very close to each other. I did not see any of the 
 bodies myself ; they were all buried ; the stake at the head of each grave indi- 
 cated how close. I did not take them up for re-interment. No disinterments, 
 whatever, were made. They were just marked where they were. 
 By the Judge Advocate : 
 
 It was not possible at that time of the year to disinter them. Besides, by 
 labor, the graves can be made higher, and will, in the course of time, be just as 
 deep as if the bodies were buried again. All the men were found buried. 
 
 By the Court : 
 
 The ground was well chosen for a burial place, and in the course of time it 
 can be made a beautiful place. 
 
 September 19, 1865. 
 
 John L. Younker, for the prosecution : 
 
 I was in the military service of the United States ; in the 12th United States 
 infantry. I enlisted March 31, 1862, for three years. I was a prisoner at An- 
 dersonville from June 16, 1864, to September 12, 1864. 
 
 men bitten by the dogs. 
 
 I know about the use of hounds *here for pursuing and capturing prisoners. 
 There was a man, I suppose about fifty years of age, who was in charge of 
 twelve bloodhounds ; whenever he was on duty he always rode on a mule. 
 He generally went round the stockade every morning, and if he found the track 
 of any prisoners he went in pursuit. There was one man, belonging to an 
 Indiana regiment, who was taken sick and sent to the hospital. From the 
 hospital he tried to make his escape ; he was recaptured by the bloodhounds, 
 and sent back to the stockade in the evening. He had an acc[uaintance in 
 
316 TRIAL OP HENEY WIRZ. 
 
 the next hole to mine. The man's right ear was almost off ; he was bitten in 
 several places in the lega ; he was all scratched, and had hardly any clothing 
 on. I took a piece of my old dirty shirt and helped to tie up his wounds. 
 Then he gave up to a friend of his a likeness of his mother which he had, 
 and said that he should send her this if he should never recover, because 
 he believed he would die. The next morning he was dead. He gave this 
 picture to one of my comrades. He was a resident of the northern part of Ohio, 
 and he said that the man should deliver the picture to his mother, as hg"should 
 never recover, that he should die. In that same conversation he said something 
 as to how he had been injured. We questioned him, and he replied in a feeble 
 voice that he had got about thirty-five or forty miles, and was strongly pursued 
 by the hounds ; that, as he was very weak, coming out of the so-called hospital, 
 he tried to climb up a bush, but was pulled down by one of the dogs, and so 
 disabled that he could proceed no further. We had to stir iiim up once in a 
 while, give him a regular shake, so that he might answer a few more questions, 
 because he was expiring. I saw him after he was dead. That was a few days 
 before the six raiders were hung, which was on the 11th of July. That blood- 
 1 hound affair struck my mind. Shortly afterward, I was taken out on detail into 
 the graveyard, and 1 one day met the old bloodhound man, and I asked him, 
 " Why in the world are you committing such cruelties against us Yankees ]" 
 " Why," said he, "it is the order of Captain Wirz. I would not do it, but he 
 
 told me not to fetch back one of you Yankee sons of ." I will omit the 
 
 ^"other expression, if the court will allow me. 
 
 Mr. Baker. I move that the court disregard the last portion of the answer 
 in relation to what this man said to him about Captain Wirz. 
 
 The Judge Advocate (to witness.) In this same conversation did you refer 
 to the death of your comrade ? 
 
 A. Yes, sir. 
 
 The Judge Advocate. That makes it a part of \h&res gestm. 
 
 After deliberation by the court, the motion was not sustained. 
 
 It was Turner who made the remark I have stated. He said, " It is the 
 order from Captain Wirz to do so." I considered it very wrong ; but at the 
 same time old General Winder was there ; we generally called him " the old 
 tyrant;" and I thought, perhaps, it was an order from him. But when Lieu- 
 tenant Davis came out to us one day, he said : " If any of you Yankees escape 
 from the stockade, I will try to catch you, because it is my business to keep 
 you. But I am not like old Wirz ; I will put you back in the stockade and 
 let you try it over again. But if any of you grave-diggers escape, I will punish 
 
 treatment of the dead. 
 
 I was on duty as a grave-digger. The prisoners were buried in trenches 180 
 feet long, 7 feet wide, and Z\ feet deep. That was the order we had from 
 Captain Piggot,' superintendent of the graveyard. They were laid side by side 
 on their backs ; and we generally covered them with some pine slabs or puncheons 
 as they were called, until these got so scarce that we could not get enough to 
 cover the bodies, so we just put them in without anything covering them but 
 the ground. The bodies when they came there for interment were about half 
 mortified. We could hardly touch them to pull them out of the wagons on to 
 the old stretcher without their skin remaining in our hands ; and they were full 
 of vermin of all descriptions. Two teams, drawn by four mules each, were em- 
 ployed in bringing the dead to the graveyard. They were covered wagons like 
 our army wagons. They were hauling steadily from morning till night almost. 
 The dead were placed right on top of each other in the wagons. They had 
 hardly any clothes on. 
 
TKIAL OF HENRY WIEZ. 317 
 
 VACCINATION. 
 
 A great many came there without arms and without legs ; but the legs did 
 not show the sign of any medical instruments. The arms seemed to be unjniuted, 
 just dropping off. Arms and legs were sent to us generally in old sacks with 
 the dead. They were at the bottom of the wagon and the dead on top. The 
 dead were brought there just like a farmer hauls fence rails, twenty or twenty - 
 five in a load, one on top of another. I noticed this daily. The greater part 
 of it originated from vaccination. The sores were most right here [on the outer 
 part of the arm near the shoulder] and under the arms. You could look into the 
 ribs and see the bone, and it looked all black and green and bine. 
 
 ACTS OF CRUELTY COMMITTED BY WIRZ. 
 
 The firs! act of cruelty which T saw committed by Captain Wirz was on the 
 day of my arrival. We were marched from the railroad depot in front of his 
 headquarters, which consisted of an old log cabin. He was most noted to me 
 by the revolver which he carried in his belt, and the foreign accent with which 
 he spoke the English language. I and about fifteen more were on the extreme 
 left of the line. We were counted out, as I was told by the guard, to fill up' old 
 detachments, and the rest of the men were all counted in nineties. Captain 
 Wirz fussed around there, threatening and cursing. I thought he was a pretty 
 rough customer. After the other men were all marched into the stockade we 
 were marched in front of his headquarters and remained there. Captain Wirz 
 and several other rebel officers went inside. One of the guards seemed to be a 
 little friendly to me, and he told me the condition of the prisoners in the stockade ; 
 that they had no shelter or anything. I had been robbed in Richmond of every- 
 thing I had. I saw an old piece of tin under the log-house, and as I am""ar 
 blacksmith by profession, I thought I might make myself a pan out of that tin 
 if I had it. I reached for it. At the same moment Captain Wirz came out. 
 He commenced cursing and said to the guard, "Why don't you shoot that Yan- 
 kee son of . I will keep you in line. Damn you, I will put you in the 
 
 stockade and let you rot like a great many have done before." So I did not 
 get the tin. I went in without it. " 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I was twenty-one days without shelter, and it was raining all the time. The 
 rebels told me it was the preparation for the equinoctial storm. I found misery 
 there in the highest degree. There was a sick-call about twice a week ; it was 
 supposed to be every day, but sometimes many of the surgeons were absent, and 
 sometimes we had no medicine. We took up our sick in blankets and on sticks, 
 every which way. Some died on the road up to the gate. We had to fetch 
 them back very often without being looked at by the doctors. Like tl ou mnds 
 of others I had to dig myself a hole in the ground. I had no shelter with )ut it 
 Disease was raging in all its various degrees, from common toothache up to in- 
 sanity. I would see men crawling on their hands and feet, crippled with scurvy, 
 rheumatism, chronic diarrhoea, and all diseases of that kind. In fact if a man 
 was admitted to the hospital it was almost necessary to have his eyes fixed for 
 the other world or he could not be accepted by the doctors. I mean by "having 
 his eyes fixed," almost dead. 
 
 STOPPAGE OF RATIONS. 
 
 My rations were stopped. Whenever Captain Wirz wanted to find out some 
 thing in regard to tunnelling, or if a man was absent from roll-call — some poor 
 fellow who might have gone to the sink in the centre of the siockade where the 
 little brook was, and become unable to return — our rations were stopped. On the 
 4th of July, 1864, we did not get a bite. 
 
318' TRIAL OF HENEY WIBZ. 
 
 THE CHAIN-GANG. 
 
 I have seen a great many men in the chain-gang, with iron collars round their 
 necks. I have seen as many as a dozen chained together. 
 
 THE STOCKS. 
 
 I have seen men in the stocks. The stocks were of various kinds. Some 
 just held the feet ten or twelve inches higher than the ground, so that the man 
 could either sit or lie down, exposed to all kinds of weather. Others held a 
 man round the neck with his arms stretched out. As a man stood there in that 
 way it appeared to me (I can find no other expression for it) just like the image 
 of Christ crucified. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I have seen a great many men shot on the dead-line. It was a daily occur- 
 rence. The shooting occurred nearly every day. Whenever they aimed at a 
 man they never or very seldom hit the right one, but almost always killed 
 another one six or eight yards off, and then we generally hallooed, ''Ah ! there 
 is another thirty days' furlough for you." 
 
 ACTS OF CRUELTY COMMITTED BY VFIRZ. 
 
 Cross-examined by Counsel: 
 I went to Andersonville from Pemberton prison, Richmond. About 850 went 
 with me, all from that prison and Libby. On the occasion of my arrival at 
 Andersonville Captain Wirz did nothing to me except swear, and curse the guard 
 because he did not shoot me. He did not touch me. I have seen him touch 
 other men with his own hands. I don't know who they were ; they were not 
 in the same line in which I stood. He shuffled them around, cursed them, and 
 threatened them with all kinds of language as to what he would do. T never 
 saw him kill a man. I only heard him say he would. That was all I heard 
 about it. 
 
 THE STOCKS. 
 
 I have seen him put a man in the stocks ; he did not put him in himself; his 
 subordinates did it while he stood right there and said they should do it. I 
 have seen his subordinates put in the stocks one of those grave-diggers, a man 
 belonging to a Rhode Island regiment. There were two brothers together, but 
 their names I have forgotten. That was on the 9th September, just the day 
 after William Crandall escaped. The man who was put in the stocks was not one 
 of those who had escaped. We had made up a plot all to escape, and Captain 
 Wirz said that man was the ringleader. That was the reason he put him into 
 the stocks. During the day he had to dig graves, and at night he was put into 
 the stocks. We had made a plot to run away. We should have run away if 
 Captain Wirz had not detected us. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I saw thousands sick and dying in the stockade. I saw some of those who 
 went with me from Richmond sick and dying there. Not a man of them was 
 sick when they went there with me, because there was not a sick man sent from 
 Richmond. They were all sound. No wounded man was sent ; they were all 
 retained at the hospitals in Richmond. None in our squad had been wounded. 
 We were captured at Cold Harbor. We were only four days in Richmond. 
 That storm was called the preparation for the equinoctial storm ; it was not the 
 
TRIAL OP HENKY WIEZ 319 
 
 storm itself, I suppose. I went away the 12th of September. It was not then 
 beginning to prepare for the equinoctial storm. It was on my arrival, the 16th 
 of June, when it rained every day. As the rebels said, it was preparing for the 
 equinoctial storm. 
 
 THE CHAIN-GANG. 
 
 This putting in irons of which I have spoken occurred shortly after I went 
 into the graveyard. I saw them in irons. I went out to the graveyard the 16th 
 of July. I remained inside the stockade precisely a month. I always after- 
 wards worked in the graveyard. 
 
 TREATMENT OF THE DEAD. 
 
 I saw Captain Wirz in the graveyard very often, because his residence was 
 just beyond the graveyard, and he passed on his old gray horse every morning. 
 He never did anything in the graveyard. I never saw him commit any violence 
 there; he just passed on the road to his headquarters. I suppose he had some- 
 thing to do with the manner in which the dead were treated, because we had to 
 hand in our report every evening to him. I never saw him touch any dead 
 man in the burying-ground. I never saw him have anything to do with the dead 
 men in the burying-ground. He gave us directions how deep we should dig the 
 graves. We dug them in accordance with his orders, three and a half feet deep. 
 He gave no orders in anything else about the burying-ground. We once made 
 application for another stretcher. He said we should go to Dr. White, and Dr. 
 White said that we should go to Captain Wirz. The old stretcher had such a 
 big hole in it that the dead would sometimes fall through as we were carrying 
 them from the wagon to the grave. We made application to Captain Wirz, as he 
 passed one morning, to get us a new stretcher. He said we should go to Surgeon 
 White. We went to Surgeon White and he told us we should go to Captain 
 Wirz ; that he was the proper officer. But we did not get any new stretcher. 
 It was useless to go back to Captain Wu-z, because we had seen him before. 
 We did not do it. 
 
 MEN BITTEN BY THE DOGS. 
 
 By the Court : 
 I cannot tell to what regiment the man who was bitten by the dogs belonged. 
 He belonged to an Indiana regiment, but was a resident of the northern part of 
 Ohio. I don't know his name. 
 
 September 19, 1865. 
 
 James P. Stone, for the prosecution : 
 
 I was in the military service of the United States, in the second Vermont 
 volunteers. I was a prisoner of war at Andersonville from February 29th, 
 1864, till September 19th following. I was employed the first two months I 
 was in the stockade like other prisoners j after that time I built fires in the 
 bakery, until the 1st of September, when I was put in the stockade again. 
 
 THE CHAIN-GANG. 
 
 There was at Andersonville what we used to call the chain-gang. It was 
 composed of twelve men. They were stood up two by two ; a 32-pound ball 
 was attached to the outside leg of each man and three 64-pound balls attached 
 to the twelve men, making one 64-pound ball to each four men; and there was 
 a long chain fastening together the three 64-pounders ; about each man's neck 
 was an iron band about one inch thick, with a chain about two feet or two feet 
 
/■ 
 
 320 TRIAL OF HENRY WIRZ. 
 
 and a half running from one man's neck to another, thus chaining them together 
 by the necks. They were kept in the chains in that state for six or eight weeks, 
 I should think. Every day they had to walk forty or fifty rods to get what 
 they had to eat ; of course one could not stir without the whole twelve. One of 
 them was very sick with chronic diarrhoea ; he was kept in the chain-gang till 
 it was impossible for him to move ; he could not go for his rations ; and then 
 he was taken out of the chain-gang and left at the guard-house near the stocks. 
 But the 32-pound ball was not taken off his leg, nor the iron band from his 
 neck. He died there, I suppose, with that ball and chain on. I saw him the 
 night before he died. I carried him something to eat about eight o'clock in the 
 evening. He had then the 32-pound ball on, and also the iron band round hia 
 neck, with a chain about 2 feet long hanging from it. The next morning he was 
 dead. When I found him there that evening he was very much debilitated and 
 run down, very poor and almost dead. He could hardly move or speak the 
 last time I saw him. The last time I saw him was but a short time before the 
 chain-gang was broken up, say perhaps the last two or three weeks or a week 
 or two before the chain-gang was broken up ; and the time when the chain- 
 gang was broken up was the time when General Stoneman was making his raid 
 through Georgia, at the time he was captured near Macon. It was expected 
 that General Stoneman would be at Andevsonville. In fact. General Winder 
 and Captain Wirz and all the authorities there had all their goods packed up 
 and drawn to the depot to load on to the cars to leave Andersonville, because; 
 it was expected that General Stoneman was coming. That was a Sabbath morn- 
 ing, and on that Sabbath morning the chain-gang was broken up and the men 
 were put in the stockade. It was in June, I believe. I remember that it was 
 done on that Sabbath morning when it was supposed General Stoneman was 
 coming there. The man' died a few days before that time. That was the time 
 when the rest of the chain-gang were put back into the stockade. That was 
 what we called the chain-gang. There were a great many chain-gangs where 
 two men would be chained together, sometimes three ; and there were a great 
 many instances in which a sixty -four pound ball was attached to one man. I do 
 not recollect any other occurrence where one man of a gang of twelve was very 
 sick and afterwards died. There was a sort of guard-house very near the 
 stocks, where that man when taken from the chain-gang was left under guard. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw prisoners shot while I was in the stockade. I saw the first man shot 
 who was shot at Andersonville. He was a Dutchman. He was insane. I kneW 
 him on Belle island. He was insane there. In fact he did not know anything. 
 He had drawn his rations and was returning to his quarters with them. He 
 dropped his bread — a little piece of corn-bread — and it rolled under the dead- 
 line, so that when he stooped to pick it up he exposed his right aim under the 
 dead-line. He was immediately shot, the bullet entering the right side of his 
 Vneck and coming out under his left arm ; he fell dead on the spot. That must 
 have been in April, 1864. Captain Wirz was in command at that time. I never 
 heard the name of that man who was shot. In fact no one appeared to know 
 anything about him. He was alwa3'3 talking to himself, muttering one thing 
 or another as he walked along. There was a one legged man who lost his 
 leg at the battle of Chickamauga, and he always went by that name ; I do not 
 know whether he had any other name or not ; I presume he had, but I never 
 heard him called by another name. He was shot because he approached the 
 dead-line. 
 
 MEN BITTEN BY THE DOGS. 
 
 The first dogs that were used there belonged to a man by the name of Harris. 
 This Harris lived some five or six miles, I suppose, from Andersonville. He had 
 a pack of eight hounds, besides a dog which they called a " catch-dog." That 
 
TRIAL OF HENRY WIRZ. 321 
 
 dog always went with the pack. Harris did the hunting there for a long while 
 hefore they got the regular prison hounds. He used to be there every day, and 
 always in the morning he would make a circuit around the stockade to see if 
 any had escaped, and if any had, he would of course follow them ; and then he 
 would always scour the country all around. It was said he was hired by the 
 authorities to do that ; that was his business ; I presume that it was. Harris was 
 there from the first. And then they had some more dogs which a man by the 
 name of Turner tended. Those dogs did not come there, I think, until May ; 
 at any rate it was sometime after I went to Andersonville before the second 
 pack was there. I think there were two packs. Turner tended about fifteen 
 dogs, which were kept exclusively for hunting down prisoners. Turner's dogs 
 were kept at the post. Those dogs were fed by rations drawn from the bakery^ 
 the same as the prisoners were fed on. I have seen Turner draw rations for 
 them many a time. He had a young man about eighteen or twenty years did 
 who assisted him, and that young man used frequently to draw rations for the 
 dogs. I do not know whether they were on the provision return. I issued the 
 rations to the man several times. He would usually, I think, present a paper. "I 
 know that he did so OBce, because I showed it to several prisoners in the bakery, 
 with Captain Wirz's name to it. All it said was, " Give this man all the bread 
 and meat he wants for the dogs." The man would tell how much bread and how 
 much meat he wanted. I have seen a prisoner who has been torn by the doggj 
 In the month of July or August — perhaps August — I saw one young man wbo 
 had made his escape. I don't know how far he got. I think not a great dis- 
 tance. It was the dogs of the old man Harris that caught him. He was very 
 badly torn. They were carrying him by the bakery ; they stopped there, and 
 there was where I saw him. I asked him a few questions. He was very weak 
 and could hardly answer. His legs were all bitten up, and he was bitten a great 
 deal around theneck and shoulders. He belonged to some western regiment ; 
 I think an Ohio regiment, but I would not be positive as to that. I did not 
 learn his name. He said he had made his escape and climbed a tree. 
 
 Mr. Baker. We object to the witness stating what that man told him. 
 
 The young man, as I said, was very weak when he made his escape; in fact,' 
 he probably ought not to have tried it, and then, he was torn by the dogs and 
 was much weakened by the loss of blond which he had to incur, of course ; his 
 legs were torn so that he could not walk, and his shoulders and neck were tnin 
 and his clothing was nearly all torn from him. The young man stopped for a_ 
 few moments by the bakery, and of course we all went out to see him, and he. 
 told us he belonged to a western regiment, and was trying to make his escape 
 to Atlanta ; the dogs overtook him and he climbed a tree, and he said that thi.^ 
 old gentleman, Harris, and Captain Wirz shook the tree so that he fell down and 
 allowed the dogs to tear him. That was the young man's statement, and I un- 
 derstand that he died that night. I did not see him after that, but it was said 
 next morning that he was dead, and I suppose he was. He was taken to the 
 hospital. This occurred probably in the month of August, 1864. I did not learn 
 his name, only that he belonged to a western regiment. 
 
 THE STOCKS. 
 
 I have seen men punished by being put in the stocks many a time. I have 
 seen them so punished for various offences. I have seen them put in the stocks 
 arid kept there many days at a time for trying to make their escape, and I have 
 seen them put in the stocks because they failed to appear at roll-call in the 
 morning or to answer to their names when called. They had two kinds of stocks 
 there, the upright, or as we called them " spread eagle" stocks, and the sitting 
 stocks, I heard a young man ask Captain Wirz for something to eat, and Gap- 
 tain Wirz turned round with an oath — he was always very profane — and or- 
 
322 • TEIAL OF HENKY "WIEZ. 
 
 dered the guard, whicli was in the stockade with him, to take that man ont and 
 put him in the stocks, and I suppose they did it. That was in September, 
 only two or three days before I left Andersonville. 
 
 MEN BITTEN BY THE DOGS. 
 
 Cros-examined by Counsel : 
 
 I should say that it was as late as the middle of August, and perhaps later, 
 that this man whom the dogs tore died. I am strongly impressed that it was in the 
 month of August, but I could not swear positively. I was not acquainted with 
 the man. I never saw him till that time. I saw where he was bitten ; I saw 
 he was mangled and torn. He could not have been bitten and mingled by any- 
 thing else ; bulls do not bite. I only heard he had been bitten by the dogs ; I 
 saw the man, of course ; I did not see the dogs when they bit him. Like a great 
 many prisoners there, he was probably sick on account of the treatment he had 
 received. He looked thin and poor, and probably was not strong. He was 
 Buffering as much as the well prisoners usually suffered there. They suffered 
 for the necessaries of life, but from no particular disease. He was not a French- 
 man ; at least he spoke pure English. He was not of French descent ; he was 
 American. I first saw this man Hams who had the hounds with them on the 
 3d day after I arrived at Andersonville, when Captain Winder had command 
 of the camp. He came into the camp with his dogs at that time. That was 
 before Captain Wirz had anything to do with it ; I could not state positively 
 that Turner had two packs after he came there ; my impression is, however, that 
 he did have all the time, two packs. I have seen him have two sets of dogs ; 
 whether there were two packs I could not tell, or whether he separated the pack 
 vinto two sets of dogs. There never were, that I know of, any dogs employed 
 there except the dogs that Turner had, and the dogs that the old gentleman 
 Harris had. I never knew of the country people sometimes catching prisoners 
 and coming in with their dogs. My impression is that Turner did have two 
 packs ; I think he did. He kept the packs together — that is to say, he kept 
 both packs near his headquarters. I think Turner had about 15 dogs, and the 
 old man Harris had 8, I think, in his pack. I saw 17 dogs at one time ; that 
 was about the 1st of September. Those 17 dogs had been out on a hunting 
 excursion. Harris had his pack there ; whether Turner had all his there or no, 
 I do not know, but there were 17 in all. 
 
 THE CHAIN-GANG. 
 
 It was probably in the month of June that the man died whom I have spoken 
 of, after he was taken out of the chain-gang. I should say it was as soon as 
 the middle of June ; I could not swear to anything very definite as to the day of 
 the month. I noticed particularly the band that was around his neck. It was 
 about an inch wide. It was fastened around his neck with bolts. It had worn 
 into the flesh some under the jaw-bone, as it naturally would. It had worn the 
 skin off ; I do not think the band was tight enough to choke him. I do not 
 think that was the cause of his death ; a band being around his neck would not 
 cause death. The band or chain that was put around a man's leg or ankle was 
 usually not tight enough so as to wear into the flesh, provided there had been 
 no heft attached to it, but it was nothing uncommon, as long as there were balls 
 attached to them, for the chains to wear right into the flesh. The man could 
 stand at ease without having it tightened around his ankle, if he did not 
 straighten the chain so as to move the ball. The chain was about' two feet from 
 his ankle to the ball. I never saw a prisoner in our army chained. The chain 
 around the ankle would not be tight enough to wear into the flesh probably, 
 unless there was some heft put to it. There was a large sore where the chain ^ 
 
TRIAL OF HENRY WIRZ, 323 
 
 went around his ankle, caused by the ctaia wearing into the flesh. It was a 
 raw sore, so that when he stirred, if he started the chain any it would cause the 
 blood to run. In my opinion, if the man had never been put in the ball and 
 chain-gang, and had had something to eat, he would not have died of dysentery. 
 Those things alone would, I guess, have saved his life. The ball and chain, I 
 should say, was one great cause of his death, and one thing that hastened his 
 death in this way. Take a man who is sick and weak, and put an iron band 
 around his neck with a chain attached to it and attach a 32-pound ball to his 
 leg, and let him have, in addition, to help to drag a 64-pound ball every time he 
 stirs — having to move all these weights would certainly not help to improve his 
 condition. 
 
 Septkmber 19, 1865. 
 
 George Conway, for the prosecution : 
 
 I belonged to the 3d New York artillery ; I was a prisoner at Anlersonville 
 from the night of the 17th March to the 7th September, 1864. 
 
 THE HANGING OF THE "RAIDERS." 
 
 I know the raiders were taken out by some of our own men and tried. One 
 of them had formerly been in my regiment. While on the scaffold lie bid me 
 good-bye, and told me that there was a watch of his in the hands of Captain 
 Wirz, and he told me to get it and keep in remembrance of him. I sent out 
 two notes to Captain Wirz about it, but received no answer to them. One day 
 the captain was riding around between the stockade and the dead-line ; my tent 
 was near the dead-line ; the back. of it was hanging on the dead-line, and I spoke 
 to him and asked him — said I, " One of those men that was hung requested me to 
 get a watch of his which you have." He looked at me, and said he, " I know 
 nothing of your watch ; all the damned Yankees ought to be hung." He started 
 on, and I thought it would be of no use for me to ask any more for it. That is 
 all I know about that watch ; I never got the watch. I cannot tell what became 
 of it. 
 
 SHOOTING OF A PRISONER BY WIRZ. 
 
 I saw a man shot one day ; he came down after water ; no one was allowed 
 to put their head or any part of their body under the dead-line. This man 
 probably not being acquainted with the rules, as many of them were not who 
 came in there after the rules were read, put his hand in under the dead-line to 
 get a cup of water and the cup dropped from his hand ; he put his hand in under 
 the dead-line to raise it up again and Captain Wirz shot him, the ball taking 
 effect in his head. He died almost instantly. (To the court :) Captain Wirz 
 shot him ; he was standing in the sentry-box. This, occurred about the time 
 the raiders were hung ; I could not say whether it was before or after. It was 
 about that time. I am certain I recognized Captain Wirz ; I knew him 
 well at that time. He had a revolver in his hand, I believe. Those were the 
 circumstances. He was getting a cup of water out of the brook when the cup 
 dropped from his hand. I do not know the, name^f that man ; I never saw 
 the man before till I saw him that time. The man died. 
 
 STOPPAGE OF RATIONS. 
 
 Captain Wirz was very often in the habit of stopping our rations. The first 
 day he took command he stopped our rations ; we did not get any rations that 
 day and none until the evening of the next day ; and then on the 3d and 4th of 
 July we got no rations, and at other times. I have often heard him say himself 
 that he would stop them ; he gave orders that if any man did not appear at roll- 
 call he would stop his rations, and he would stop the rations of the whole 
 detachment for not having him there. 
 
324 TRIAL OP HENRY WIRZ. 
 
 MEN BITTEN BY THE DOGS. 
 
 I also saw that man who was bitten by the hounds while trying to make hia 
 escape from the hospital. I saw the man when he came in ; he was showing the 
 scars where he had been bitten by the dogs ; some on his legs and one on the 
 side of his cheek or face. I do not know how far he was from camp when he 
 was caught, but I heard him telling some one the story. I heard that he died; 
 I did not see him after he was dead. I refer to the man that made his escape 
 from the hospital. This one in particular was the only one I know of. He was 
 a man who was sent to the hospital, I suppose ; I do not know whether he was 
 ■a patient or was working there, but he tried to make his escape ; he was caught 
 ■by the 'hounds and was bitten. He was afterwards brought back and sent in- 
 side the stockade. It was after he got there that I saw him, and he told us he 
 was bitten by the dogs. They .sent him back to the stockade for trying to get 
 away. He was not taten 'hack to the hospital, but sent into the stockade. I 
 think fhis occurred before the raiders were hung ; I heard one man testify here, 
 and I ithought it was the same instance referred to by him. 
 
 THE STOCKS. 
 
 I have seen men in tTie stocks and in the chain-gang ; I have seen two differ- 
 ent kinds of stocks; in the one, two boards were placed around lihe men's feet 
 and they could either sit down or lie down exposed to the weather ; and in the 
 other stocks the man's hands were stretdied out, his head was kept in one posi- 
 tion, and he was kept standing straight up. 
 
 THE CHAI\--GANG. 
 
 In the chain-gang the men had yokes around their necks — iron yokes wtth a 
 chain running from them connecting with a long chain that passed between all of 
 them ; and then they had balls and chains on their feet. 
 
 MEN BITTEN BY THE DOGS. 
 
 Cross-examined by Counsel : 
 
 I could not tell for certain the month when I saw this man who had been 
 bitten by the dogs, but I think it was the latter end of June. 
 
 r 
 
 THE HANGING OP THE RAIDBES. 
 
 I could not tell what the charges against these men called "raiders" were. 
 I heard many reports about it. They robbed prisoners and cut their throats. 
 I think they were bad fellows. I never saw any onj3 they murdered, but I have 
 heard that they murdered men. I had nothing to do with bringing them to 
 justice ; they never injured me. I could not tell how many there were in all 
 the gang. I could not tell for certain whether they were a large number ; 
 there were but six hung. I did not know the gang. The complaints were 
 going on from the time I came there till the time the six men were hung. I got 
 there the night of the 17th of March, 1864., It was going on for two or three 
 months. I suppose their number increased. There was much fear on the part 
 of the peaceable prisoners. The peaceable prisoners were assaulted and beaten 
 by them very frequently. I never saw anything of their being driven to different 
 parts of the stockade and kept there. I saw one man right below me in a tent 
 not further from me than you are now. There were thiee or four men came to 
 him and hallooed to him and told him they wanted him ; that he had a blanket 
 of theirs. The man was lying in bed, or on the ground, what we called lying 
 in bed ; they got him out and got him up against the stockade ; this was before 
 
TEIAL OF HENRY WIBZ. 325 
 
 tlie dead-line was put up, and they took from him a pair of boots, I think, about 
 five dollars in greenbacks, and some confederate money. They could not find 
 the blanket, so they let him go. I do not know that Captain Wirz had anything 
 to do with trying them ; but the day they were fetched into the stockade to be 
 hung, he had a guard that fetched them in, and he came in ahead of the guard 
 on his horse. When he gave the men up he said — I do not know whether he 
 called us gentlemen or prisoners — that these were the men whowerp brought out 
 a few days ago, and that he returned them lo us as healthy and as well as they 
 were when he took them out, and that we could do with them what we chose. . 
 He did not say anything to us as to what had been done to them. 
 
 September 19, 1865. 
 
 D. S. ORCOTT.-for the prosecution: 
 
 I was in the military service of the United States, in the 11th Pennsylvania 
 cavalry, company L. T was taken prisoner and taken to Andersonville. I ar- 
 rived there on the 22d of July, 1864. Captain Wirz was in command there at 
 that time. They put me in the prison. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 We arrived there about 10 o'clock on the 22d of July, 1864, and were marched 
 np before Captain Wirz's headquarters, and were kept standing there in the 
 hot sun for three hours without any water. We had been seven days on the 
 road and the men were dry, and he would not allow us to have any water. 
 One of the men stepped out of the ranks and asked for a drink of water. Cap- 
 tain Wirz told the guard not to allow him to go out. He told the guards that 
 if any of the men attempted to leave the ranks to kill them, to shoot them. 
 One man stepped out and 'Captain Wirz came along and said, "Kill the damned 
 Yankee son of a bitch." The guard hit the man over the head with his gun 
 and knocked him down. His head was cut open and he lay there ; he could 
 not epeak. I could not tell the appearance of the wound. I was not close 
 enough to him, but I could see the blood flowing freely. The man did not die 
 while I was there. There was a man of my regiment who got sun-struck and 
 was left out there. He came into the stockade afterwards, and he told us that 
 the man died two or three hours after we left. He did not state any declarations 
 of the man at the time he died. I do not know the name of the man who was 
 killed. He belonged to the 5th Pennsylvania cavalry. I think he was a private. 
 The date this occurred, as near as I can tell, was the 22d of July. 
 
 SHOOTING OF PRISONERS BY THE GUARD. 
 
 I saw a man shot at the brook one time. I do not know what time it was ; 
 some time about the 1st of August. I don't know his name and regiment. I 
 was standing at the time dipping up water at the brook ; there was quite a 
 crowd there ; the man who was shot was not within six feet of the dead-line at 
 the time ; I was standing nearer to the dead-line than he was ; one man who 
 was dipping up water got under the dead-line, and the guard shot into the crowd. 
 He did not shoot the man who was dipping up water and who was under the 
 dead-line, but he fired into the crowd and hit this man. The man died. I did 
 not see Captain Wirz present at the time. I did not hear anything' said at the 
 time about him. , 
 
 THREATS OF WIRZ. 
 
 I heard the prisoner, Captain Wirz, say something about giving land to the 
 federal prisoners there. While we were standing in front of Captain Wirz's 
 headquarters, a wagon came out with a load of dead in it, and one of the boys 
 
326 TRIAL OF HENEY WIRZ. 
 
 spoke up and asked whiit was in that wagon. Captain Wirz said, " it was 
 Yankees going out to get their land warrants." He said, "We are going to give you 
 all land warrants of the same kind, six feet of land, or land enough to bury you," 
 \ or something like that. 
 
 Counsel for accused declined to cross-examine the witness. 
 
 treatmknt of the sick. 
 
 September 19, 1865. 
 
 Major Archibald Boyle, for the prosecution : 
 
 I am major of the 12th United States colored troops. I was a prisoner at 
 Andersonville. I was captured at Ocean Pond, Florida, on the 20th of Feh- 
 ruaiy, 1864. I was captured while in command of my regiment, which was 
 styled at that time the 1st North Carolina volunteers. I was taken to Ander- 
 sonville ; arriving there about the 14th of March. I stopped in the stockade 
 at Andersonville until the 16th or 17th of June, when I was sent to the hospital. 
 Previously to that I had been refused admittance into the hospital, and had been 
 refused all medical attendance. I was very severely wounded. I received a 
 flesh wound in the body and a very severe wound in the lower part of the right 
 leg, fracturing both bones. On arriving at the hospital I was in a very reduced 
 state from the effects of my wounds and from exposure and starvation, and from 
 several other causes. My wound was in a very bad state ; it was full of gangrene 
 at the time. On the 14th of March, 1864, I came into the stockade feeling 
 very faint. I heard there was a hospital inside the stockade, and I got some 
 men to help me up there. I was on crutches at the time. I went in, and one 
 of our own men, who was acting hospital steward, commenced to bind up my 
 leg, and was binding it when Surgeon White came in .and ordered him to desist, 
 saying at the same time, " Send him out there with his niggers," or something 
 to that effect, and using an oath at the same time. I said nothing, but merely 
 looked at him. The hospital steward finished the dressing of my leg, and it 
 was cared for by our own men afterwards. I was in full uniform then, as I am 
 now. At the time I was captured I had on sword, sash, and belt. About the 
 latter part of April, I should judge, I went up to the hospital, which was in the 
 stockade at that time, and while there the hospital steward, Robinson, who was 
 the right-hand man of Dr. White, came in and asked me if I was the major of 
 a negro regiment ; I told him I was an officer in the United States military 
 service. He asked me what regiment, and I told him. He said, " You are the 
 man. Now 1 want you to go out of this." I asked him who he was, and he 
 told me that was none of my business. He went out himself. I stopped there. 
 I did not consider that he had any right to order me out, so I stopped there. A 
 little while afterwards Mr. Burns, one of our own men, who was acting as 
 hospital steward, came in and said to me, " This man Robinson says that if I 
 do not persuade you to go out, he will ball and chain you." Under those cir- 
 cumstances I went out. I afterwards learned, however, that the language he 
 used to Burns was, that if I did not go out he would shoot me and ball and 
 chain him. Robinson was a confederate hospital steward ; I think he was the 
 chief steward of the post. 
 
 OFFICERS OF THE UNITED ST TES COLORED TROOPS REFUSED RECOGNITION AS 
 
 OFFICERS. 
 
 / While I was there I demanded to have my rank recognized. I made several 
 demands. I was used in every respect the same as private soldiers, only worse. 
 I made a demand on Colonel ]?ersons, when I was in the stockade ; I think so, 
 but I will not state positively. However, after I was refused treatment in the 
 hospital, iu June or July, I made two demands on Captain Wirz. The first 
 
TRIAL OF HENRY WIRZ. 327 
 
 time he said lie would see me about it. This was about October, 18G4. The 
 next demand T made, he sent in after me and I went out and saw him. A day 
 or two afterwards he sent me with a letter, under charge of an officer, to see 
 General Winder. Captain Wirz said that he could not do anything, as he was 
 merely a subordinate under General Winder. When I got to Millen an officer 
 came to me and got my name; rank, and regiment. The officer commanding 
 at Millen, Captain Bowles, put me in the stockade again and refused to put my 
 name on the register, saying at the same time that I should never be exchanged^ 
 I left Andersonville on the 18th of November, I believe. I saw Captain Wirz 
 frequently while I was there. He saw me frequently. I was dressed in 
 uniform. 
 
 Cross examined by Counsel : 
 
 Captain Wirz never committed any personal violence against me. 
 
 Q. Did he tell you he was sorry he could not treat you better ? 
 
 (Objected to by the judge advocate on the ground that the prisoner should not 
 be permitted to make testimony for himself. 
 
 Objection sustained.) 
 
 I left Andersonville on the 18th of November, 1864, and arrived at Millen on 
 the 20th. 
 
 Q. Did Captain Wirz while you were there, at any time, express any desire 
 to have you exchanged ? 
 
 (Objected to by the judge advocate on the ground of indefiniteness, and objec- 
 tion sustained.) 
 
 The Judge Advocate. In connection with the testimony of the witness, I 
 desire to introduce as evidence a letter contained in Captain Wirz's letter-book. 
 
 There being no objection, the letter was put in evidence. The following is a 
 copy: 
 
 Headquarters Confederate States Military Prison, 
 
 Camp Sumter, Ga., November 28, i864. 
 I have the honor to forward to you under guard, iu charge of Detective Weatherford, eight 
 prisoners of war, to wit : 
 
 A. Boyle, major 35th United States. He was captured at Ocean Pond, Florida, while in 
 coihmand of a negro regiment ; he has not been recognized as an officer, although he has 
 made several attempts to be recognized and exchanged. I forward him to you to enable 
 him to see the general commanding. 
 
 John Brooker, company "A" 39th Ohio. James Weeks, company " A" 39th Ohio. The 
 papers which you find.enclosed will design their status. 
 
 J. R. Jones, company " I" 12th New York. Bernard McNalty, company " G" 82d New 
 York. These two men have been here some time; were paroled by me to do work on the out- 
 side ; refused to work any longer. 
 
 Jos. Brown, company "U" 10th Illinois. John A. Jeffries, company " G" 10th Illinois. 
 These two men were sent here from West Point on yesterday. I forward them, having no 
 guard to guard the stockade. 
 
 J. A. Core, company '' G" 78th Ohio, who came with the above two men ; he claims to be 
 a deserter. I refer you to the enclosed statement of Captain Provost Marshal Thomas Dacy, 
 at Newman, Georgia. 
 
 I remain, colonel, most respectfully, your obedient servant, 
 
 H. WIRZ. 
 Captain Commanding Prison. 
 Colonel H. FoRNO, 
 
 Commanding, Sfc. 
 
 By Counsel for accused : Was that letter sent with you when you were 
 sent to Millen 1 
 
 (Objected to by the judge advocate unless counsel for the defence should adopt 
 the witness as his own. 
 
 After deliberation, the objection was sustained.) 
 
328 TRIAL OF HENRY WIRZ. 
 
 September 19, 1865. 
 
 AViLLiAM Bull, for the prosecution: 
 
 I have been in the military service of the United States, it) company " A," 
 Means's Independent London Rangers, from the State of Virginia. They were 
 loyal. I was a prisoner at Andersoaville. I arrived there the 3d of June, 1864. 
 When I got there I was put in the stockade, where I remained eight months. I 
 then got out on parole, and was out three months and twenty-three days. I left 
 the stockade the 24th March, 1865. 
 
 THE KATIOiNS. 
 
 The rations were pretty poor while I was in the stockade. I think they got 
 worse towards the last three months. In fact I know it, for we got smaller 
 rations. I was at the depot at Andersonville in January, February, and March, 
 1865. I saw storehouses there. There was plenty of pork, beans, and peas, 
 in them. I saw vegetables outside the stockade during the summer of 1864 for 
 sale. The articles were cabbage, corn, and potatoes. I saw melons and peaches 
 too. I helped to carry a barrel of rotten pork from Captain Wirz's house to the 
 depot. It was rotten, and stunk, bad, and was placed among the rations that 
 were sent into the stockade. I helped to take back a barrel of fresh pork in 
 place of it. The pork was exchanged by order of Captain Wirz. I worked 
 for Colonel Thomas, next door, and was sent in for to help to take it down. 
 The bad pork was put into a pile, and was issued out that afternoon to the 
 stockade. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 1 I saw sanitary clothing there. Out of every hundred men about ten got a lit- 
 tle — pants or something of that kind. I saw rebels have it on — pants, shoes, and 
 blankets. I do not know how they got them. I saw some rebel sergeants 
 have them. Captain Wirz gave me orders, when I went to Colonel Thomas's 
 house, not to go into his house. Mrs. Thomas, the lady I was working for, told 
 me one day to go over there. I told her what Captain Wirz had said. She 
 said that it made no difference, and she sent me over with a note. I passed 
 through two or three rooms in Captain Wirz's house, and in one room I saw two 
 or three boxes. I had heard that he had some shoes there. I looked into one 
 box and saw some sanitary shoes in it. I do not know what was in the other 
 boxes. I saw sanitary shoes on his nigger's feet which he had given to her. 
 I saw two or three pair that she had got. These boxes were common shoe 
 ' ! bcxes, about a foot and a half wide, and four or five feet long. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw several men shot on the dead-line. For the whole eight months I was 
 there, I think I saw in the neighborhood of eight or nine men shot. I do not 
 know the names of any of them. The first man I saw shot was the afternoon 
 that I entered the stockade — the third of June, 1864, at the north gate. Cap- 
 tain Wirz came in at the head of the detachment. He put three guards on the 
 stoop, and ordered them to fire at the crowd to make them keep back. As we 
 came along in he kept telling them to k^ep back, and he told the guard to fire. 
 At last one of the guards did fire and shoot a man. The ball struck him in the 
 stomach. The sentry was not 1 5 feet from him when he fired. There were three 
 sentries together ; only one sentry fired. The next man I saw shot was about 
 two months after that. He was inside the stockade, at the stream which ran 
 through it. I think the man had come in the same day. He went down to 
 the brook to get water, stooped over to get a drink, and was killed. He was 
 shot right through the head. The ball went in at the right ear and came out 
 
TRIAL OF HENRY WIRZ. 329 
 
 at the other side. I do not know that man's name or regiment. I do not know * 
 by whose orders he was shot. All the orders I ever heard given there were 
 given by ..Captain Wirz. I heard none given at that time. There was no one 
 on the post but thesentinel. Tlie next man I saw shot was in September, 1864. 
 I was lying in the stockade about sixfeet from the dead-line, asleep. I lay right 
 next him, within three or four feet of him. It was the habit at night to call out 
 the hour. This guard was asleep, and when it came round to him to call the 
 hour the guard below him kept hallooing to him to wake up. He woke up and 
 fired right down into the camp, and shot a man through the knee. The man 
 died two or three days afterwards. I do not know his name ; he belonged to 
 an Illinois regiment. I should judge this was about the middle of September. 
 The next man I saw shot was about the 15th of July about three or four days 
 after the execution of these men at the south gate. It was doctor's call in the 
 morning, and the crowd was rushing up. The orders from the doctor were to 
 fire on the crowd if they did not keep back. This man was so sick that be fell 
 over on the guard, who fired at him and shot him through the right shoulder. 
 I do not think he died. I recollect one being shot back of the hospital, inside 
 the stockade. He was a crazy man. He was shot right through the head. 
 He ran over the dead-line and asked the guard to shoot him. That was in 
 January, 1 865, a few days before I came out on parole. He was killed in- 
 stantly. I did not see Captain Wirz present at the time. I do not recollect, 
 now, seeing any other men shot. 
 
 CRUKLTIES COMMITTED BY WIRZ. 
 
 On the 3d of June, 1864, the day I went to Andersoiiville, we were drawn 
 up in a line. A young fellow named Doherty, belonging to my company, 
 started after some water. Captain Wirz was counting at the head of the men, 
 and the young fellow asked Sergeant Smith, who was standing right by, if he 
 could go and get some water. Smith said he had no objection. Captain Wirz 
 came along and asked where that damned Yankee was going. He caught hold 
 of him, kicked him three or four times, and put him back in the ranks. I do 
 not know any other incident of that character. 
 
 SHOOTING OF PRISONERS BY THE GUARD. 
 
 Cross-examined by Counsel : 
 I did not see Captain Wirz present at any time when one was shot. 
 
 , the SUPPLIES FROM THE NORTH. 
 
 I did not see the sanitary goods come there at all. I saw boxes at the depot,^ 
 'hut I do not know what was in them. I saw sanitary clothing on confederate 
 soldiers in January, 1865. The clothing was brought there while we were get- 
 ting out of the route of Sherman. It was distributed in the hospital ; and I 
 suppose that which was in Captain Wirz's hands was the remains of what was not 
 given out. It came there, I suppose, during the time when -we were taken off to 
 Blackshire and Thomasville. I left Andersonville about September, and came 
 back in January. After I came back I saw this clothing on confederate soldiers. 
 I saw half a dozen or a dozen wear it ; pretty nearly every sergeant had it on. 
 It was not uniform dress ; it was citizen pants. I think I saw about half a dozen 
 wearing this clothihg. That is all I saw wearing it. I suppose they got them 
 from the boxes. I do not know but that they bought it. I know that one of 
 
 them told me (interrupted by counsel for the accused.) I saw some of them 
 
 wearing sanitary shoes. I saw three or four every day with a new pair of shoes 
 on ; I think it was in the same month. I do not know where they got them. 
 Captain Wirz had about half dozen boxes in his house. I think some were ordinary 
 
330 TRIAL OF HENEY WIKZ. 
 
 shoe' boxes and some clothing boxes. I looked into only one. There was only 
 one open, and that had shoes in it. I never saw any trading going on between 
 our prisoners and confederate soldiers ; not in respect to clothing. 
 
 the means of transporting stores to andersonvillb by rail. 
 
 September 19, 1865. 
 
 W. A. Griffin, for the prosecution : 
 I I reside in Nashville, Tennessee. During the last eighteen months I have been 
 conductor on the Southwestern railroad, running from Macon, Georgia, to Eufaula, 
 Ahibama, passing by Andersonville, Georgia. 
 
 Q. What have been the means of transportation on that road for transporting 
 materials of war, provisions, &o. ? 
 
 A. We had snificient transportation, I believe, generally from Macon to 
 Eufaula. 
 
 Q. For all the purposes required ? 
 
 A. As a general thing, I believe so. 
 
 Q. Did you run both on passenger and freight trains 1 
 
 A. I ran a few trips as a freight train conductor, but as a general thing I ran 
 passenger trains. 
 
 Q. Were you ever required to hold over freight trains for many trips before 
 you were well able to carry it ? 
 
 A. 1 knew nothing about transportation generally. As a general thing the 
 passenger conductors rode down one day and back the next day, and then lay 
 over one day. 
 'T^. Did you observe many freight trains on the road ? 
 / A. Freight trains were passing. I would pass them day in and day out. 
 
 Q. Is that a timbered country ? 
 
 A. There are any amount of saw-mills throughout that country along the line 
 of the road. I saw divers of them. 
 
 Q. Was lumber being hauled over the road ? 
 
 A. As a general thing there were lumber mills all the way through from 
 Macon to Eufaula. 
 
 Q. Do you know any reason why lumber could not be carried to Anderson- 
 ville ? 
 ' A. I do not. 
 
 Cross-examined by Counsel : 
 I think it is 143 miles from Macon to Eufaula. Andersonville is 60 miles 
 from Macon. I do not recollect exactly when I commenced running trains from 
 Macon to Eufaula. I think it was iu the fall, 1864. I do not recollect whether . 
 it was as late as November. I think I ran a freight train on that road about two 
 or three weeks. It was after I had been running on the branch road, which 
 was somewhere in the first part of 1864. The branch road connected with the 
 main road at Smithville, 22 miles this side of Fort Gaines. It, was about nine 
 months after I had been running on the branch road that I commenced to run 
 on the main road,' from Macon to Eufaula. I think I ran on that branch road 
 in the latter part of April, 3nd I think about seven months after that I com- 
 menced running on the road from Macon to Eufaula. I was sick between times. 
 The freight train that I was on did not run from Macon to Eufaula ; from Albany 
 to Macon. I ran freight trains from Macon to Eufaula only once or twice, as 
 an extra conductor. The freight trains would generally have from ten to fifteen 
 cars. I cannot state how many I took at that time. We would carry divers 
 freight in these freight trains. I carried stores of different kinds. I cannot 
 name any articles that I carried, becau«e my list was sent through by a passen- 
 ger train. I have no idea what I carried these two or three times. I cannot 
 
TRIAL OP HENRY WIRZ. 331 
 
 Bwear to it. I do not recollect how many months I waa running passenger 
 trains. I could tell by referring to my book. I have no idea how many saw- 
 mills I ever saw along that road ; there were divers of them. I have seen 
 several in operation as I passed. I cannot say how many. I have seen as high 
 as iive. They were sawing lumber ; plank, principally. 1 cannot tell whether 
 it was one-and-a-half inch or two or three-inch plank. I saw divers of piles of 
 boards near saw-mills. I cannot say how large piles. I have seen a good many 
 logs standing at saw- mills. Some of the mills were steam-mills and some were 
 water-mills. I cannot give the name of any cue place on that road where a 
 saw- mill was located. 
 
 September 19, 1865. 
 
 Jas H. Burns, for the prosecution : 
 
 I was in the military service of the United States, in the 10th Connecticut, 
 company " I." I was a prisoner at Andersonville for nearly eight months, 
 from February 23, 1564, to the 7th of September. I saw Oaptaiti Wirz while 
 I was there. 
 
 A PRISONER SHOT BY WIEZ'S ORDER. 
 
 I have known him ill treat prisoners in his custody. I saw him order the 
 guard to shoot a man named Chickamauga for going inside the dead-line. 
 
 THE STOCKS. 
 
 I was put in the stocks once myself, under his orders, for trying to make my 
 escape. I heard him order the guard to put me there. I was kept there 24 
 hours or thereabouts, with nothing to eat or drink. That was either on the 13th 
 or 14th of July, 1864. 
 
 CRUELTIES COMMITTED BY WIRZ. 
 
 I saw Captain Wirz come in there one morning to call the roll — one morning 
 in July, 1864 He came in and knocked some of my comrades around, and 
 used harsh language to them. He drew his revolver upon me one morning, but 
 he did not use it. I have known him fire into a crowd of priscmers. One \ 
 morning a stone or brick was thrown at him as he came into the camp, riding 
 on liis horse. He immediately drew his revolver and fired into the crowd of 
 prisoners in the stockade., I never heard any complaints made to him to my 
 knowledge. I remember no instance of death resulting from shooting or other- 
 wise by Captain Wirz. That is all I remember now about what 1 saw and / 
 suffered down there. , 
 
 STOPPAGE OF RATIONS. 
 
 He stopped the men's rations once on the 3d or 4th of July; at least it waa ' 
 said that it was he who stopped them. Next day the meat was brought in in a 
 condition not to be used. That was' said to be under his orders. ^ 
 
 CANNON FIRED OVER THE STOCKADE. 
 
 I was- in prison at the time a shot was fired over it. There was a solid shot 
 fired over the camp one day. The prisoners had rushed down near the gate- 
 way to see some new prisoners who were coming in. There was a solid shot 
 fired over the camp, going toward the northwest corner of the camp. I do not 
 know the date, but 1 sliould judge it was in July, 1864. The guns pointed 
 toward the stockade. All the artillery that we could see was turned toward 
 the camp. I saw eight pieces to my knowledge bearing on the camp. I saw 
 them in that position for three months. 
 
332 TRIAL OF HENRY WIRZ. 
 
 THE ORDERS TO THE GUARDS. 
 
 ("^I heard Captain Wirz tell the guard, " Shoot the first Yankee that undertakes 
 to make his escape or anything; of the kiad. The more we shoot the less we 
 will have to feed or fight." That was one morning that I was going after wood. 
 1 It was in the month of June. 
 
 Cross-examined by Counsel : 
 (__ I saw no one shot in consequence of that order. 
 
 CANNON FIRED OVER THE STOCKADE. 
 
 No one was hurt when the solid shot was thrown over the camp. It went 
 over the camp. 
 
 THE stocks. 
 
 I never saw any one hurt, personally, by Captain Wirz. He kept me in the 
 stocks nearly twenty-four hours. That was the time I attempted to run away. 
 
 MEDICAL testimony. 
 
 September 20, ISCS. 
 
 Dr. Amos Thoenburg, for the prosecution : 
 
 For the first year of the war I was at home'; the second year of the war I 
 went into the army of Tennessee, the rebel army. I went in as a private. The 
 first day I got to camp I was promoted to assistant surgeon. I was appointed 
 by the colonel. I acted in that capacity until the 20th of October, 1852, when 
 1 went before the medical board and was examined and recommended for ap- 
 pointment, and I was appointed. My commission bears date October 29, 1 862. 
 I served a little over two years in the field, except what time I was a prisoner. 
 On the 10th of March, 1864, I was relieved from field duty on account of my 
 health and sent back to a hospital at Oxford, Georgia. I staid there two or 
 three weeks, and was then ordered to Andersonville to report to the commander 
 of the prison there. I reported there on the 14th of April, 1864. I reported 
 to Colonel Persons, who was in command of the post. He sent me to Dr. White, 
 the surgeon of the post, and Dr. White assigned me to duty in the stockade. I 
 prescribed in quarters there for two or three months, and was then assigned to 
 duty at the hospital outside the stockade by Surgeon White. He was the sur- 
 geon in charge of the prison as well as the hospital. I then remained in the 
 hospital until the post was broken up, about the 5th of May, 1S65, as well as I 
 recollect. I think the hospital was removed outside the stockade in June or in 
 the latter part of May. I remained prescribing in quarters part of 'ihe time 
 inside the stockade, and the remainder of the time at the gate, I suppose till the 
 latter part of June. I have no data to fix the time when I was sent to the 
 hospital for duty. From the time I went there until I left, Captain Wirz was 
 in command of the prison. I understood it was his business to keep the pris- 
 oners inside the stockade, to keep them safe. That was the bill at his office, 
 "commandant of the interior of the prison." I cannot state that 1 did know the 
 exact scope of his authority. I think General Winder was there two or three 
 months. I think he was there in June, July, and August, 1864. I do not 
 know fiom what place he came to Andersonville, I understand that he came 
 from Richmond. I never had any talk with him about his command there. I 
 had no occasion to call upon him but once, and that was on private business. 
 
TRIAL OF HENEY WIEZ, 333 
 
 CONDITION OF THE HOSPITAL, SUPPLY OF MEDICINES, RATIONS OF THE SICK, 
 
 ETC. 
 
 While I was on duty in the hospital I frequently made reports to Surgeon 
 White ill regard to the condition of the hospital, when I was officer of the day, 
 which would happen generally about once or twice a week. 
 
 (A paper was here handed to the witness.) 
 
 That is a copy of one of my reports. I think it is a true copy. I also made 
 reports to Dr. Stevenson ; this report was made to Dr. Stevenson. I found Dr. 
 White in charge when I went there on the 15th of April, and he remained till 
 about the time the prisoners were removed to Camp Lawton. I think he went 
 with General Winder. That was in the beginning of September. Surgeon R. 
 R. Stevenson succeeded him, and continued chief surgeon until the latter part 
 of the month of September, 18G4; I think about the 25th. Surgeon H. H. 
 Clayton succeeded Dr. Stevenson, and continued in charge until the place was 
 captured by General Wilson or the post was abandoned. 
 
 (The paper shown to witness, and of which the following is a copy, was then 
 placed in evidence :) 
 
 C. S. M. F. Hospital, 
 Andersonville, Georgia, September 26, 1864. — j 
 Sir : I would most respectfully call your attention to the very bad sanitary condition of the ' 
 second division, as well as the whole hospital, to the immense quantity of filth accumulating 
 in the streets, and to the filthiness of the tents and patients, and to the fact that it cannot be 
 otherwise until we are furnished with the means with which to work. Patients lying on the 
 cold ground without bed or blanket, and also that we have a very scanty supply of medicines, 
 and that the rations are not of the proper kind and not issued in proper quantity. Hoping 
 that the proper steps may be taken to remedy these defects, 
 I am, sir, your obedient servant, 
 
 A. THORNBURG, 
 Assistant Surgeon, P. A. C. S.^ 
 R. R. Stevenson, 
 
 Surgeon in Charge. 
 
 When Dr. White was in charge I made similar reports to him. This was 
 not the only report I ever made to Dr. Stevenson on the subject; not by a great 
 many. There was a quantity of hospital clothing, bed sacks, sheets, &c., sent 
 there, I think a short time before Dr. White left the post. I do not know the 
 number, but there were several bales. When Dr. Stevenson was in charge I 
 was in charge of the surgical ward in the second division, generally known as 
 the gangrene ward. I had for that ward some scaffijldings fixed up* for bunks, 
 and I frequently made application for bed sacks, sheets, &c. I got a few bed 
 sacks, but they would soon become dirty and I would send them off to be washed, 
 and perhaps not see them any more. The next thing I would see would be some 
 prisoner with a pair of pantaloons on made out of a bed sack, and I would make 
 application for more. I knew that the prisoners needed the things, being desti- 
 tute of clothing, and I made no complaints about their taking them. I very 
 seldom got anything that I made requisition for. Dr. Stevenson never offered 
 me any excuse. Sometimes, when I would talk to him in person, he would tell 
 me that he aimed to have a hospital constructed, when he could use these things 
 and have them better car«d for, but that if they were issued in there they would 
 be made way with, and it would be a clear loss to the government. That time 
 did not come while I was in charge. The only hospital we had at that time 
 was a tent. After Dr. Clayton took charge, about the first of January, 1865, 
 he began for the first time to construct a hospital, and he had it pretty well on 
 towards completion at the time the post was broken up. It was not entirly 
 completed. It was used. We got all the sick out of the tents into those sheds 
 that were built for the purpose of making a hospital. The food that was issued 
 .was such as the other prisoners and the soldiers outside could get from the commia- 
 
334 TRIAL OF HENRY WIRZ. 
 
 sary, mostly bacon, beef, or pickled pork. The bacon was generally very good ; 
 the beef sometimes was rather poor. The pickled pork that came in was very 
 frequently partly spoilt; it smelt badly, was hardly fit for use, and we had at 
 times condemned it and sent it back. The meal that was issued was very coarse, 
 and at first was not sifted even for the hospital. That was under Dr. White. 
 There were very few vegetables issued during his administration. Sometimes 
 we would get a few collards, and tomatoes, and sweet potatoes, &c., but in very 
 small quantities. That was under Dr. White. It was a little better under Dr. 
 Stevenson ; but very little was issued — not enough to supply the demands of the 
 sick. The cooking department was also very bad ; we had to cook in large 
 kettles, such as is used in boiling sorglium, and the things could not be cooked 
 f~as they should have been. The vegetables were sometimes issued raw and 
 divided out among the prisoners, and the quantity was very small. They had 
 sometimes to get their comrades to cook them, and they generally charged a 
 portion of the articles for cooking them. They complained to me that what few 
 vegetables they did get did them no good, which I knew to be a fact, and so 
 reported in some of my reports. 
 
 ■^ The supply of medicines was generally insufficient. The surgeon in charge 
 would generally make a requisition for medicine to have it on the first of the 
 month, but it was usually the 1 0th before we got the supply, and when we did 
 get it, such articles as opium, quinine, and other valuable medicines, which were 
 very scarce in the confederacy, would be exhausted in the course of ten or twelve 
 days, and we would have to rely on such indigenous remedies as were furnished 
 by the medical purveyor. We had large quantities of them, but we had no 
 laboratory to prepare them properly. They were generally put up in decoctions 
 and infusions by the hospital steward. The prevailing diseases were scorbutus, 
 gangrene, diarrhoea, dysentery, intermittent and remittent fever, typhoid and 
 typhus fever. Proper provisions were the remedy that was needed for scorbu- 
 tus, gangrene, and kindred diseases ; it was a waste of medicine. What medi- 
 cine we gave I considered thrown away, because we did not have proper diet for 
 the patients, and consequently the medicine did no good ; yet they were very 
 anxious to get medicine to relieve them, and we would prescribe what we had 
 and have it administered to them, but I looked upon it as a waste of medicine, 
 because we did not have proper diet. I regard diet as the main thing in the 
 treatment of most of the diseases we had to contend with. We had a great deal 
 
 /of hospital gangrene at one time. 
 
 THE HOSPITAL FUND. 
 
 I never knew much about the hospital fund. I only knew that there were 
 orders from the war department, the assistant inspector general's office, that the 
 prison hospital should be on an equal footing with the confederate hospitals, and 
 that the surgeon in charge should be allowed to draw the same fund. A por- 
 tion of the time the fund was a dollar a day for each patient, and after a while 
 it got to be two dollars and two and a half dollars a day. I think it amounted 
 to that towards the last, but I did not see the order. I know of no reason why 
 it could not have been drawn at Andersonville. It was generally drawn at 
 other hospitals. The fund was sufficient to buy vegetables for the confederate 
 hospitals, and sometimes large amounts of the fund were turned over to other 
 and moreneedy hospitals. My understanding was — and I had a little knowledge 
 of it, too — that if they did not use all the hospital fund for that purpose, they 
 were allowed to use it for other purposes, such as fitting up the hospitals. There 
 was an order issued from Kichmond directing that the surplus fund be turned 
 over to the quartermaster at the end of each month. I do not remember the 
 date of the order. I saw the weekly account current one time in the hands of 
 the hospital steward, Mr. Kerr. 1 had made complaints to him about the 
 
TRIAL OF HENRY WIEZ. 335 
 
 conclition of the patients and the condition and the amount of the rations that 
 came in and the amount of vegetables and other nourishing diet that was to be 
 bought with the hospital fund. Mr. Kerr, to convince me that these things 
 were sent in, showed me the weekly statement for that week. In looking at it 
 I remarked that those things never came into the hospital — at least, that no con- 
 siderablfe part of them had come in, and I made some little complaint about it 
 to the other surgeons, and we began to talk about having an investigation of the 
 matter. We called on Mr. Kerr after that for the book, but he remarked that 
 Dr. Stevenson had it in his charge, and we were not allowed to see it. I never 
 saw it after that until Dr. Stevenson left and Dr. Clayton took charge. At 
 that time, myself and three or four other surgeons went up and asked Dr. Clay- 
 ton to let us see the account current. He showed it to us, and on examination 
 we found that large quantities of things which appeared by the book to have 
 been bought had never come into the hospital. We made a statement of the 
 facts to the surgeon general and forwarded it by mail. A few days afterwards 
 Dr. Eiland was ordered to Montgomery. He had taken an active part in this 
 investigation, and we requested him as he went through to Montgomery to stop 
 at Columbus, Georgia, and make a statement to the medical director. He did 
 so. At the time he made that statement. Dr. Gilliard, one of the surgeon gen- 
 eral's assistants, happened to be at Columbus, in the office of the medical direc- 
 tor. He and Dr. Flewellen came down immediately and investigated the case, 
 and found that there had been some errors in regard to the hospital fund. Dr. 
 Stevenson went to Columbia, South Carolina, and was there the last news I had 
 from him. 
 
 THE CAUSES OF THE GREAT MORTALITY. 
 
 The mortality was generally great while I was at Andersonville. I attribute^ 
 it to the want of proper diet and the crowding together of too many men in the 
 prison and in the hospital. There was too small a space of ground for the 
 number of prisoners we had there. There was a great lack of shelter and a 
 lack of fuel. I think that was also a cause of mortality. I believe that is ali^^ 
 the causes I can recollect just now. 
 
 TREATMENT OF THE SICK IN THE STOCKADE. 
 
 The worst cases that were in the stockade were brought generally to the hos- 
 pitals for treatment. While I prescribed there, for the first few months the 
 hospitals outside were very much crowded, and they could not make room for 
 all the patients that ought to have been sent out. I would sometimes prescribe 
 while at the stockade gate for five hundred patients in a day. In order to do 
 that we had to prescribe by formulas ; to make out formulas for different 
 diseases and number them, and then just examine a man and set down the num- 
 ber of the prescription that he was to take opposite his name, with directions. 
 Frequently there would be no vacancies in the hospital at all. Some days we 
 could not send any to the hospital. At other times perhaps fifty, sixty, or a 
 hundred men would have died during the day previous, and there would be that 
 many vacancies, and we would be allowed to send in a pro rata number to fill 
 those vacancies. There were generally some ten or twelve surgeons and assist- 
 ant surgeons prescribing at the stockade gate, and each one would be allowed 
 to send in t certain number to fill the vacancies. Some days we would send in 
 one, two, three apiece, sometimes ten apiece, and some days, when the hospital 
 would be enlarged, as high as thirty or forty apiece One day we sent three or 
 four hundred among us out of the .stockade to the hospital. I presume there 
 were a good many in the stockade that could not come out, and if they did not 
 have friends to carry them out in their blankets or upon their backs, they would 
 perhaps not get prescriptions; Sometimes the sergeants who drew the rations 
 
336 TRIAL OP HENRY WIRZ. 
 
 and had charge of the sqnads would represent to the surgeons the cases of men 
 who were not able to come out, and had requested them to get certain medicines ; 
 and if the diseases were such as we could prescribe for, we would very fre- 
 quently set the name of such a man down and the number of the prescription 
 that he should have, and that medicine was then issued to "the sergeant, and he 
 dc4ivered it to the man, 1 suppose. Deaths occurred in the stockade frequently. 
 I suppose some died that never had got prescriptions. Sometimes there would 
 be a very sick man brought from the stockade, and he would be marked in the 
 surgeon's book for admittance fo the hospital ; he would have to remain at the 
 gate until all the surgeons got through prescribing, so that the men who carried 
 them to the hospital could discriminate and take the proper ones. It generally 
 took ns from eight o'clock in the morning till twelve o'clock noon before we 
 would get'through prescribing, and sometimes very bad cases would die while 
 waiting there to be carried to the hospital. I had charge of so many divisions 
 in the stockade, and frequently wh.en a man from one of ray divisions would die 
 in that way, the clerk who kept the death register would ask me the man's 
 rank and regiment and name, and the squad to which he belonged. Several 
 men might have died at my post when I was prescribing and I could not recol- 
 lect anything about any particular one. There would be two or three dead, and 
 we could not identify them. After that I adopted the plan of writing the name, 
 rank, regiment, and disease of each man on a piece of paper and pinning it to 
 the breast of his coat or some part of his clothing. It worked very well, and I 
 recommended Dr. White to issue an order requesting all the surgeons who 
 prescribed at the stockade gate to adopt the same plan. He did issue such an 
 ord©r, and the system was adopted June, 1864. Up to that time there were 
 more or less of these imperfect records. Very frequently men died in the stock- 
 ade who could not be identified by any person in there, because men suffering 
 from scurvy would frequently fall dead in the streets. It was also not unfre- 
 quently the case that a man was murdered in there, and murdered perhaps away 
 from his friends, and he would be carried out of the stockade gate and nobody 
 could identify him. 
 
 THE HOSPITAL REGISTER. 
 
 So far as the names of the men and the diseases that they had, the hospital 
 register was kept with great accuracy. If a man came to me I would diagnose 
 his case, and send him to the hospital with a statement of the disease which I 
 considered that he had. That was generally entered upon the register, but, 
 perhaps, he would have half a dozen supervening diseases after he went into 
 the hospital. The supervening diseases were hardly ever entered on the reg- 
 ister, but generally only the disease with which he went from the stockade. I 
 do not know what entry was made on the register when a man was shot in the 
 gtockade. I suppose the cause of death would be called " vulnia sclopeticum ;" 
 that is the technical name for gunshot wound, and I suppose that would be the 
 entry. Such an entry might be in the case of a man who had received wounds 
 on the field of battle somewhere. 
 
 Q. If a man in the stockade had been shot in the stockade, and the hospital 
 register .showed that he died of scorbutus, what would be the fact in that case ? 
 
 A. I do not suppose the register would show that, unless the man so shot was 
 a patient, and under treatment for scorbutus at the time. 
 
 Q. Examine the register now handed you, and examine it with some care, 
 and state whether you recognize it, and whether it has any appearance of having 
 been tampered with or changed since you saw it at the hospital. 
 
 (Objected to by Mr, Baker until the book was proved, and objection overruled.) 
 
 A. 1 recognize the book as being the hospital book kept at Andersonville. I 
 
TRIAL OF HENRY WIRZ. 387 
 
 see no marks that would indicate that it had been tampered with, except some 
 pencil marks on the margin, which I suppose are check marks. 
 
 (The witness pointed out the marks referred to.) 
 
 The hospital register was offered in evidence and accompanies the record. 
 
 F. M. Tryon, clerk to the commission, a witness on the part of the prosecu- 
 tion, being duly sworn, was examined as follows : 
 
 Q. Examine the register and state what the pencil marks are. 
 
 A. This book was given to me by Colonel Ohipman to prepare an exhibit of 
 the number of deaths, &c , which I did ; and, in taking off the number of deaths 
 I made the check marks referred to by the witness. 
 
 The examination of Dr. Amos Thornburg was then resumed. 
 
 Q. Examine the three indexes of the hospital register handed to you and see 
 if you recognize them ? 
 
 A. I do ; and, so far as I can see, they are all correct. 
 
 The books were put in evidence by the judge advocate, and accompany this 
 record. 
 
 Q. I notice in this register very many entire columns representing that a pa- 
 tient was admitted, for instance, August 8, and died August 8, and in the col- 
 umn of remarks, " died in quarters," and again admitted August 9, died August 
 9, " died in qiiarters," and so on all through the book ; what does the remark 
 " died in quarters" mean ? 
 
 A. I think Dr. Stevenson, perhaps, would have to make a report of those 
 cases, and they would have to be reported as having died of something, and as 
 having died in hospital. I think, perhaps, there was an order that caused him 
 to report them on the death register in hospital, and yet in the remarks they are 
 put down " died in quarters ;" that racans.in the stockade. I never knew how 
 he fixed up that difficulty. There were a great many things in reference to the 
 hospital that I never could understand, and this was one of them, I suppose 
 " unknown" would be the entry in cases where the surgeon could not make out 
 a proper diagnosis of the case. Those six men that were hung were marked as 
 having died of " asphyxia." I do not recollect the date those men were hung, 
 but I know they were all marked as having died of asphyxia. I asked the clerk 
 in the hospital how he had entered those cases, and he referred me to the book, 
 and showed me that he had marked them " asphyxia." 
 
 The Judge Advocate. On page 110 of the Hospital Record there are given 
 the names of six persons who died of asphyxia, and in the column of remarks, 
 "Tried by court-martial, and executed inside the prison;" that is the record. 
 
 Witness. Those are no doubt the men who were hung. 
 
 Q. I notice on examining this register that a large proportion of the patients 
 recorded as having been admitted died in hospital, many of them, the day they 
 were admitted, or immediately after, and that a few seem to be recorded as " re- 
 turned to the stockade." Will you state to the court what your observation 
 was with regard to the proportion that were returned to the stockade after being 
 treated in the hospital ? 
 
 A. Well, I have no data from which I can state how many were returned to 
 the stockade. The proportion, however, was small. Sometimes a man would 
 come to the hospital and be treated there and relieved of his' disease, but in the 
 mean time some of the surgeons would become acquainted with him, and, per- 
 haps, would have him detailed as a nurse, or, perhaps he would be detailed out- 
 side the stockade for some other business, and hence he was not returned to 
 quarters. The proportion actually returned to quarters was very small. I 
 never met among my own patients — those I had treated myself^ — any cases 
 where I was unable to give a diagnosis of the cause of death, and where I had 
 to report the disease as " unknown." I have met with patients after they were 
 H. Ex. Doc. 23 22 
 
338 TRIAL OF HENRY WIEZ. 
 
 dead where I could not tell the cause of death. I have frequently seen men 
 brought out of the stockade dead, and I did not know what they died of. 
 
 PROPORTrONOF LIVES THAT MIGHT HAVE BBIRN SAVED BY PROPER TREATMENT, 
 r— 
 
 My idea is that a large proportion could have been saved by proper diet and 
 proper quarters, perhaps one-half. I will say that one-half might have been 
 saved if we had had proper nourishing diet and the proper kind of hospital 
 , accommodations. 
 
 CONDITION OP THE PRISONERS IN THE STOCKADE. 
 
 There was shelter erected in the stockade. I cannot give the exact date 
 when. It was, perhaps, in August. There were five or six buildings, five, per- 
 haps, commenced at the north end of the stockade. They were completed, 
 perhaps, in August. I cannot say anythiug as to their capacity, as I was never 
 in the stockade after they were built ; and tlien later in the year, or, perhaps, 
 at the beginning of this year, there were some four or five other sheds erected at 
 the south end of the stockade. I was not in the stockade after they were fin- 
 ished, but I have been on the north side of it where I could see in, and I gen- 
 erally saw them pretty well crowded. That was the extent of the shelter. 
 That is all the shelter I know of having been built in the stockade, excepting 
 what the prisoners erected themselves out of pine boughs, blankets, &c. I was 
 there during the winter. I considered it a very mild winter, having been used 
 to a colder climate, yet we had some frost and a little ice ; perhaps we had ice 
 once or twice. 
 
 Q. Remembering the condition of these prisoners, and the scanty supply of 
 fuel they had, was there weather there that would have killed men — frozen them 
 to death ? 
 
 A. Yes, sir ; I suppose there was, in their emaciated condition. I do not 
 know of any cases of that kind. I cannot give the temperature in summer 
 in that climate. I think I have not seen a thermometer since I have been in 
 that country. Last summer, I suppose, the hottest day we had would not have 
 gone over 96° or 98° in the shade. In the summer of 1865 I should 
 think it went up to 108° in the shade. It was pretty hot in the sun. I could 
 Vuot tell how many degrees in the sun. 
 The Judge Advocate : 
 
 I call the attention of the court to page 337 of the hospital register, where I 
 find this record: "T. Gerrity, 106 Penna., frozen to death ; admitted January 
 3 ; died January 3 ; died in the stockade." 
 
 Witness continued : 
 
 I cannot give the temperature under the rays of the sun in summer. It would 
 be mere guess-work. A man who had to ride in it, as I have had to do, would 
 think it was almost up to boiling-point. I suppose it would run up to 150° in 
 the sun. I never saw it tried, but I would think so. In that remark I refer 
 lo the summer of 1865. It was not so high at any time during the summer of 
 1864, because that was a wet summer. 
 
 Q. Would the heat be somewhere in that neighborhood ? 
 
 A. I think that would be a fair proportion. When the thermometer was 
 1 over one hundred in the shade, I think it would stand a great many degrees 
 (higher in the sun. 
 
 Cross-examined by Counsel: 
 
 That is mere guess-work. Some might have been frozen in the winter of 
 1864-65. I know nothing of anybody freezing to death ; I only stated that 
 probably it might have occurred. I suppose about one-third of those in the 
 stockade, in the latter part of the winter of 1864-'65, could be sheltered by the 
 buildings which were erected in there. Those buildings that I spoke of, in the 
 
TEIAL OF HENRY WIEZ. 339 
 
 north end of the stockade, were erected in the summer, perhaps in August. 
 The others were erected in the fall or winter ; I don't recollect the time, because 
 I was not in the stockade, and I only saw them in passing on the north side, 
 some time, perhaps, after they had been erected. The buildings which were 
 erected in the fall or winter, together with those that had been erected in the 
 summer, might have accommodated all the prisoners who were there in the 
 winter by crowding them in very much. There were, perhaps, six or seven 
 thousand in there in the winter, but they were almost all moved south of the 
 brook that ran through the stockade. In 1865, I don't recollect the precise 
 time, those buildings in the north end were taken for a receiving and distributing 
 hospital. I do not think they were so used in the fall or winter of 1864. So 
 far as I know, those buildings in the north end, as well as those in the southern 
 part of the stockade, were exclusively for the accommodation of the prisoners. 
 I suppose Captain Wirz had those buildings erected. 
 
 I made some reports to Dr. White. I reported the condition of the stockade. 
 I do not think he paid any attention to those reports, no more than Dr. Steven- 
 son. He gave no reason for not attending to my reports. I did not ascertain 
 why he did not attend to them. 
 
 THE HOSPITAL EEGISTBK. 
 
 The hospital register was the property of the hospital outside the stockade 
 I think that no one in the stockade, or having control in the stockade, had 
 anything to do with that book. That book was the property of the government. 
 It was in charge of Surgeon White first, the surgeon-in-chief. Other surgeons 
 could examine it any day they chose. I presume that if the other surgeons 
 had brought up a list of names of persons having supervening diseases, they 
 would have had the privilege of entering them. The surgeons would make 
 their reports to the surgeon-in-chief, and from their report he would order the 
 book to be made up. I don't know that any of the surgeons ever tried to have 
 anything put in that book or alter it in anj' way. There was no rule on that 
 subject that I know of. I think, though, it would have been presumption in any 
 of the medical officers to have made an entry in the book without the permission 
 of the surgeon in charge. The surgeon in charge is responsible for what was 
 in it when he gave it up. If anything has been put in it since, I don't suppose he 
 would be responsible. I have not seen anything that has been inserted since. 
 I cannot recognize any of the handwriting in that book ; it was done by the 
 clerks. 
 
 Q. Can you explain why it should be put in that hospital register that a 
 person died in quarters ? 
 
 A. The only way I can account for it is this : the surgeon in charge would 
 have to make a report to the medical director, and also reports to the surgeon 
 geoeral, and he would perhaps enter sick men in the book as in the hospital, 
 when they were not. I think his idea was to draw as much commutation for 
 the prisoners as he possibly could, and as we had a great many sick in the 
 stockade, perhaps he would enter those in the stockade as being in the hospital. 
 Those that were in the receiving and distributing hospital, which was one 
 division of the hospital, were in the stockade, and yet they were marked as iu 
 the hospital. 
 
 When I said " his idea was to draw as much commutation as possible," I 
 meant the surgeon in charge. I think it would more particularly apply to 
 those in charge latterly. Dr. Stevenson and Dr. Clayton. I don't think, how- 
 ever, that Dr. Clayton would have made an entry that he could not have 
 explained freely. Perhaps it would not apply so much to Dr. White. 
 
340 TRIAL OF HENRY WIEZ. 
 
 TREATMENT OP THE SICK I.\ THE' STOCKADE. 
 
 The sick in the stockade were generally brought out to the gate, where the 
 surgeons prescribed. Out of so many detachments a surgeon would prescribe 
 for so many hundred. During one day I have prescribed for as many as five 
 hundred. I always kept a prescription book. I had charge of only one 
 division of the hospital at one time. I said I had charge of several detachments 
 or divisions in the stockade. I had charge of several divisions in the stockade 
 at one time. A great many prisoners were brought to Andersonville sick. The 
 Belle Island prisoners were brought there before I was assigned to duty at that 
 _ place. I don't know anything about their condition when they came there. 
 Men brought from the field, for instance those captured in Virginia, by the time 
 they got to Andersonville were, perhaps, a great many of them sick. They 
 were bringing prisoners there from almost every direction. There was a while 
 when they came in nearly every day. A good number of those were wounded 
 and sick. It would be impossible for me to tell, when a person died from a 
 gunshot wound, whether he died from being shot inside the stockade or from 
 having the wound before he came there. I suppose tliat those who were well 
 acquainted with the man, some of his comrades, might tell if they saw him. I 
 don't know any other way it could be told. I could not tell how long a wound 
 had existed, only from the history of the case. I had no means of telling 
 whether a prisoner came there wounded or was wounded there, unless I saw 
 him when he ca,me. I never, to my knowledge, treated a person who had been 
 wounded inside the stockade. I knew of a case of that kind being treated. I 
 heard there were a few such cases. I witnessed an operation that was performed 
 there one day, the amputation of a man's leg above the knee joint, the man 
 having been shot by a sentinel, for what cause I do not know. I may have 
 heard then, but it was hearsay. That is the only case I ever witnessed. I 
 frequently saw men brought out of the stockade with some wound on them. I 
 mean those who were brought out dead. I saw a few who had their skulls 
 fractured ; I suppose by their comrades. We understood it was by their com- 
 rades. I think I treated one or two who were said to have been wounded in 
 the stockade by their comrades ; that was the history they gave me. Of those 
 who died a great number came there as wounded prisoners from other places, 
 ' and others had' come there sick. 
 
 r~ Q. Was there any means by which any one could tell whether a person died 
 from disease contracted before he came" there or after he came % 
 
 A. It would be a very nice point to decide, if a man had come there sick. 
 It could be done in some instances. Those men who had contracted scurvy at 
 Belle island might have died with the same disease at Andersonville. When 
 a man died of scuj-vy there was no means by which I could tell whether he had 
 contracted it at Andersonville or had brought it with him from Belle island, 
 unless we knew that he had it when he came tliere. The stockade was a receptacle 
 of diseased and wounded persons, as well as a place where diseases originated. 
 Q. Was there any means of telling what portion of the persons dying there 
 of various diseases died of diseases contracted there ? 
 
 A. I don't believe I can answer that question. I don't know how I could make 
 that discrimination. I do hot know any way that any other physician there could 
 make the discrimination. 1 treated five hundred per day, I think, in the early part 
 of June, after the hospital had been moved outside the stockade. About the time 
 the hospital was enlarged I was taken from the stockade and assigned to duty in 
 the hospital. I never was interfered with by Captain Wirz while treating those 
 prisoners there. He never showed any disposition to prevent me from doing 
 all the good I could for them ; on the contrary, 1 think he showed a disposition 
 (to have me do all I could. 
 
TRIAL OF SENEY WIRZ. 341 
 
 By the Court : 
 
 Under certain conditions blood might ooze from a gunshot wound for months, 
 till the wound was entirely healed. In a healthy gunshot wound suppuration 
 will generally set in in two or three days. 
 
 Q. Did j-ou mean to say, in answer to a question in your cross-examination, 
 that you could not tell a recent gunshot wound from one of long standing ? 
 
 A. No, sir. I did not make that statement. If I made the statement I 
 misunderstood the question. If it were a recent wound I could tell pretty 
 closely how many days old it was, from the state I found it in. I do not know 
 that after four or five days I could tell that it was a recent wound, because in 
 that climate we have often suppuration very quickly. 
 
 The reporter, by direction of the court, here read the witness's testimony on 
 this point in the cross-examination. 
 
 Witness. As to the question whether I could tell from a recent wound 
 whether it had been received in the stockade or not, I could not tell unless I had 
 the history of the case, because a wounded prisoner might have been received 
 from a battle-field about the same time. For instance, we got some men who 
 were wounded at Macon. A man might have been wounded in the stockade at 
 the same time. If both men came into the hospital at the same time I could 
 not tell which was wounded in the stockade and which on the field of battle. 
 
 THE HOSPITAL FUND. 
 
 By Counsel: 
 
 There were a great many things marked as bought on the weekly account 
 current which never were bought, as was proven by the committee. We did 
 not see them, and, consequently, they made an investigation of it. In regard 
 to potatoes and other vegetables, there were larger quantities marked on the 
 book as bought than ever entered the hospital. I do not think the surgeon got 
 as much as he entered on the book as bought. 
 
 Q. That is an easy way of saying that there were fiauds committed in that 
 way ; was that the understanding? 
 
 A. That is the way I regarded it. 
 
 Q. You have spoken of the rule that the surplus hospital fund was turnedV 
 over to the government ; did you mean to say that any surplus fund at Ander- 
 sonville was so turned over ? 
 
 A. I do not. There was a general order that if the hospital fund was more 
 than sufficient, and accumulated, a certain amount, I do not recollect what, it 
 was to be turned over to the government. 
 
 I do not think that fund ever accumulated at Andersonville. I think it was 
 spent as fast as it was drawn. I have no knowledge of what was drawn. I 
 think if the amount allowed by the government had been drawn, it would have 
 been sufficient to have supplied those who were sick in hospital with abundance 
 of nourishment. 
 
 In my investigation of the matter I did not ascertain whether all that ought t&~ 
 have been drawn was drawn ; I merely examined the books: I do not recollect 
 what amount I discovered from the hooks had been drawn. I think the hospital 
 fund was drawn from the commissary ; it should have been drawn from him, but 
 I do not know whether it was or not. I cannot say that the commissary was 
 the responsible person if the hospital fund was not paid over ; he might not 
 have got it from the government. I do not know of any one between him and 
 thi! hospital who was responsible. 
 By the Judge Advocate : 
 
 Q. In cross-examination, in reply to a question as to what reason the surgeon 
 in charge could have for making false entries in the hospital register, you said 
 
342 TRIAL OF HENKY WIEZ. 
 
 you supposed it was for the purpose of increasing the commutation. Explain 
 what you mean ; do you mean the hospital fund t 
 
 A. Yes, sir. 
 
 Q. Showing a larger number of patients 1 
 
 A. Yes. In a private conversation Dr. Stevenson told me that the more pa- 
 tients he had on his report, the more medicines and the more hospital .fund he 
 could draw. That was in the latter part of 1864. He often told me his plans, 
 and what he aimed to do. That was one of them. 
 
 THE RATIONS OF THK SICK. 
 
 By Counsel : 
 
 I think if I had been in charge of the hospital fund, and had the money, I 
 could have obtained plenty of diet. I mean if I had been in command of the 
 hospital as surgeon-iu-chief. The procuring of the diet which was intended for 
 the hospital, aside from the commissary ration, belonged exclusively to the sur- 
 geon-in-chief. He made requisition on the commissary department, and drew 
 what they had to issue. It was his place then, after drawing the hospital fund, 
 fto buy what he wanted with that fund. The proper diet could not have been 
 obtained in that immediate county, in that country, but it could have been ob- 
 tained in the State. I would have required, for the prisoners and the sick, 
 large quantities of vegetables, with eggs, butter, chickens, &c., everything that 
 was nice and good. I would have required wheat flour. They got wheat 
 bread, but not in suflScient quantities. They got wheat flour or bread pretty 
 generally. A portion of the summer months of 1864, we could not get, or did 
 not get wheat bread. After a while the surgeon in charge drew a quantity of 
 flour — I do not know how much — and had wheat bread issued to the patients 
 Ljor whom it was prescribed. Those who needed it worst we would prescribe it 
 for on the prescription book. In the latter part of the summer, and in the fall, 
 several Catholic priests visited that place. They were allowed passes to go into 
 the hospital to administer to the spiritual wants of the prisoners. I think they 
 were also allowed to give them money. They did do it. They also sent a large 
 quantity of flour, from donations made up, I presume, by the citizens, to Cap- 
 tain Wirz. It was baked up in the bakery and sent to Dr. Stevenson and 
 issued to the hospital. I never knew of anything being sent to Captain Wirz, 
 for the comfort of the prisoners there which he withheld from them. I never 
 saw him refuse access to any one for the comfort and assistance of prisoners. 
 There was an order — I do not know from whom it emanated — that no citizens 
 should be allowed to go into the hospital or the stockade without a pass from 
 Captain Wirz, or to trade with the prisoners, or to have any connection with 
 them at all. I presume there was a good deal of trading with the prisoners, 
 notwithstanding that order ; I saw plenty of sign of it. It is almost impossible 
 to restrict such things at a military prison, where the guards are not disposed to 
 act according to their orders. 
 
 CONDITION OP THE PRISONERS IN THE HOSPITAL. 
 
 The hospital clothing came from the medical purveyors; I do not know 
 whether from Columbus or Macon; we generally got supplies from those places. 
 It was hospital clothing for the patients. I cannot speak as to the quantity. 
 The bales had not been opened when Dr. Stevenson took charge. I do not 
 know that there was really any clothing in them. They were hospital supplies — 
 hospital furniture. There was clothing there after those bales were opened. I 
 frequently saw shirts there. 1 did not state that the patients were made com- 
 fortable. They were not made comfortable; the clothing was not sufficient; it 
 was not issued. It was issued towards the last, after Dr. Clayton got the 
 
TRIAL OF HENEY WIKZ. 343 
 
 hospital built so that the sick could be moved into it. Then they had hospital 
 clothing issued to them. They were much more comfortable after that than 
 they had been, but were still deficient to Bome extent. 
 
 By the Court : 
 The hospital clothing was issued in 1S65, after the hospital building had been 
 put up. The clothing was issued to all the prisoners who were sick. That 
 must have been in April, 1865. The hospital clothing for the patients was sent 
 there by the rebel authorities ; they were not distributed in any quantity — some 
 little. 
 
 By Counsel: 
 
 I do not know of Captain Wirz ordering clothing to be brought there for 
 patients. 
 
 , THE SUPPLIES FROM THE NORTH. 
 
 By Counsel : 
 
 I did not see the United States sanitary boxes there. I saw some sanitary 
 clothing sent out. All that I saw had been issued to the men. I did not see 
 any of it issued. I saw the prisoners wear it, and I heard them say it was 
 sanitary clothing. I received some blankets for my division, that were furnished 
 by the sanitary commission. 
 
 THE RIGOR OF GENERAL WINDER'S AND CAPTAIN WIRZ'S ADMINISTRATION COM- 
 PARED. 
 
 I think General Winder was there during the months of June, July, and 
 August. I think the rules were much tighter while he was there. That was 
 niy experience. I had but little experience with him. I only speak of what I 
 saw. 
 
 September 20, 1865. 
 
 A. G-. Blair, for the prosecution : 
 
 I, was in the military service of the United States; in the 122d New York. 
 I was taken prisoner on the 23d of May, 1864, at the battle of the Wilderness. 
 I was taken to Libby prison first, and from that to Andersonville, where I arrived 
 about the first of June. Captain Wirz was in command of the prison when I 
 arrived there. 
 
 the rations. 
 
 I have heard a great many questions asked Captain Wirz about rations when-"" 
 ever he would come into the camp. His reply was generally an oath, saying 
 that we would get all the rations we deserved, and that was damned little. 
 
 Q. Did he ever say he would not give you rations if he could ? 
 
 A. I never heard him make that exact remark. 
 
 Q, Did he make any similar remark? 
 
 A. Several days during the fore part of my imprisonment there we had no 
 rations. The report came from good authority that he was the cause of it, he 
 being in charge of the camp. 
 
 (Interrupted by counsel for the accused.) 
 
 Question repeated. 
 
 A. I have not heard those words from his mouth. 
 
 Q. Did you hear any similar language used by Captain Wirz to that which 
 I repeated to you ? if so, state what the language was. 
 
 (Objected to by counsel for the accused on the ground that witness had already 
 answered in the negative. 
 
 After deliberation the objection was overruled.) 
 
344 TRIAL OP HENRY WIRZ. 
 
 A. On one occasion wbfen he was asked by several of the prisoners who had 
 not had any rations for twenty-four hours, when they were to have any, he 
 made the remark that if the rations were in his hands we would not get any. 
 iThat was in the beginning of July, 1864, just before or after the 4th. 
 
 TREATMENT OF THE SICK. 
 
 I have seen him stand at the gate when sick men were carried out. The men 
 were very anxious to get out of the sun into the shade, and they would rush out 
 to a small passage-way made in the large doors coming out, to suit him. I have 
 seen him shove the well, and the sick who were being carried, over on their 
 backs ; or sometimes he would order the guards to do it. The condition of the 
 men taken out of camp into the hospital was hopeless — all that I ever saw taken 
 out. 
 
 THE STOCKS. 
 
 I I escaped from Andersonville in the latter part of July or the fore part of 
 August, and got about thirty miles from the stockade when I was captured and 
 brought back to the camp. I was kept over night, and then was put in the 
 stocks. The first day that I was taken out of the stocks I was not put in the 
 stockade that night. I was put iu the stocks the next day, and then was returned 
 to the prison with three other comrades. I do not recollect the exact number 
 of hours I was kept in the stocks ; I should think five or six hours. 
 
 Q. Did the prisoner give any orders in reference to your being put in the 
 stocks 1 
 
 A. Just before I was put in the stocks I saw him give some orders from his 
 
 I headquarters, and I supposed that those were the orders. 
 
 SHOOTING OF PKISONERS BY THE GUARDS. 
 
 1 I saw prisoners shot on or near the dead-line, on several occasions. I was 
 down, in the fore part of my imprisonment, to get water at the creek. That was 
 the only resource for obtaining water, except you had a right in one of the wells. 
 The crowd was very great there. It was absolutely necessary sometimes either 
 to get over the dead-line or to thirst. I have seen men on five or six occasions 
 either shot dead or mortally wounded for trying to get water under the dead- 
 line. I have seen one or two instances where men were shot over the dead-line. 
 Whether they went over it intentionally, or unconsciously from not knowing the 
 , rules, I cannot say. I think that the number of men shot during my imprison- 
 >■ jpent ranged from twenty-five to forty. I do not know that I can give any of 
 their names. I did know them at the time, because they had tented right around 
 me, or messed with me, but their names have slipped my mind. Two of them 
 belonged to the 40th New York regiment. Those two men were shot just after 
 I got there, in the latter part of June, 1864. 
 ■ Q. Did you see the person who shot them? 
 
 A. I saw the sentry raise his gun. I hallooed to the man. I and several of 
 
 the rest gave the alarm, but it was too late. Both of these men did not die; 
 
 ^ne was shot through the arm; the other died; he was shot in the right breast. 
 
 I I did not see Captain Wirz present at the time. I did not hear any orders 
 given to the sentinels, or any words from the sentinels when they fired ; nothing 
 more than they often said that it was done by orders from the commandant of 
 the camp, and that they were to receive so many days' furbugh for every Yankee 
 
 1 devil they killed. Those twenty-five or forty men were shot from the middle 
 of June, 1864, until the 1st of September. There were' men shot every month. 
 I cannot say that I ever saw Captain Wirz present when any of these men were 
 shot. I had no chance of seeing him unless he was in the stockade. The 
 
TEIAIi OF HENRY WIEZ. 345 
 
 majority of those whom I saw shot were killed outright ; expired in a few mo- 
 ments. 
 
 Q. Can you give a detailed description of those you saw killed and of the 
 dates 1 ^ 
 
 A. In regard to the dates I cannot give you any detail. I lost dates there,' 
 and did not know when Sunday came. I came very near being shot myself. 
 A very large crowd had gathered at the stream of water, and I was reaching 
 over the dead-line in order to get some water. I could not get it anywhere else, 
 as I had no right to the wells. A bullet came, I should judge, within two or 
 three inches of my right ear, striking one man through the arm, and mortally i 
 wounding another. These men were in their tents, unoffending. ''' 
 
 Q. Were all these twenty-five or forty men shot by the sentries for crossing 
 the dead-line or being near it i 
 
 A. Some were across it, and others not. I saw a man shot who was three 
 feet inside the dead-line. I saw one shot on the 10th of July, just the day 
 before the men whom we called the raiders were hang. --; 
 
 Q. Describe the circumstances that led to the men being shot. 
 
 A. I do not know, except from the great desire of sentries to get furloughs.; 
 
 THE ORDER OF WIRZ TO FIRR THE ARTILLERY UPON THE PRISONERS IF THEY 
 
 HUDDLED TOGETHER. 
 
 Q. Did you ever hear any order given by the prisoner in reference to firing 
 grape and canister on the prisoners in the stockade? 
 
 A. He gave an order ; I did not hear it ; but there was an order given 
 
 (Interrupted by counsel for the accused:) 
 
 Q. "What order did you ever hear him give ? 
 
 A. Captain Wirz planted a range of flags inside the stockade, and gave the 
 order, just inside the gate, "that if a crowd of two hundred (that was the number) 
 should gather in any one spot beyond those flags and near the gate, he would 
 fire grape and canister into them." ' 
 
 Cross-examined by Counsel : 
 
 Captain Wirz gave this order I was speaking of to the crowd of prisoners 
 around the gate. He merely told them he would fire upon them if they gathered 
 there. I did not hear him give the order to the men outside. He warned us 
 that if we gathered there in numbers he would fire upon us. 
 
 Q. Then it was not an order, but simply a warning] 
 
 A. Yes, sir. 
 
 September 20, 1865. 
 
 Charles H. Kussell, for the prosecution : 
 
 I was in the military service of the United States. I was orderly sergeant 
 company E, first Wisconsin cavalry, at the time of my capture, on the 9th day 
 of May, 1864. I was captured between Barnwell station and Dalton, by 
 Wheeler's cavalry. I was taken to Dalton, and kept there two nights and one 
 day. From there I was taken to Atlanta, Georgia ; I staid in the hospital two 
 weeks. From there I was sent to Andersonville, where I arrived on the 27th 
 of May, 1864. 
 
 PRIVATE property TAKEN FROM PRISONERS. 
 
 When I got there I was taken to Captain Wirz's headquarters, and gave in \ 
 my name and regiment. Captain Wirz was in the office at the time, and when 
 he heard me give my regiment, he gave his orderly orders to " take every damn 
 thing from that Yankee cavalry son of a bitch," and the orderly took everything 
 I had. I had been wounded in my left hand, and had a ring on one of my 
 
346 TKIAL OF HENEY WIKZ. 
 
 fingers that I thought I couldn't get off, I was so hurt; but the orderly came 
 and took the ring away from me. 
 
 Q. What else was^taken from you ? ' 
 
 A. I didn't liave anything else to take. 
 
 (To the court.) I had on a sh'iit and a pair of pants and an old pair of boots ; 
 they did not take those. The ringwhich was taken from me was never returned 
 to me. I do not know who got it. I know the orderly at Captain Wirz's head- 
 quarters took it from me, and that is the last I ever saw of it. 
 
 THREATS OF WIBZ. 
 
 After I had been in' the stockade about two weeks, a number of men from my 
 regiment who were there, and who had been fed on sour bread, wanted me to 
 speak to Captain Wirz about it, and to see if he wouldn't give them better 
 bread. I took a sample of it to him one day, when he came in the stockade, 
 and I showed it to him. He turned himself and said, " I don't want to know 
 anything about it." I insisted on his looking at it. It was all mouldy and 
 sour. That made him angry. He had his pistol in his hand, and he wheeled 
 around and presented it at my head, cocked. There was a big crowd around 
 there, and the boys began to sing out, ''Go in for him." He got scared, and 
 wheeled around and rode out of camp. I think it likely he would have shot me 
 if he had dared to. 
 
 SHOOTINC. OF PRISONEES BY THE GUARD. 
 
 I have seen two men shot myself for crossing the dead-line, and three after 
 they were shot. 
 
 Q. State the circumstances of the shooting of those whom you saw shot. 
 
 A. I saw a man shot at the creek one morning in June. We were down after 
 water. There was a big crowd there. The ground near the creek was very 
 slippery, where the boys were running in and out and spilling water. A fellow 
 there, who looked very weak and sick, tried to get some water, but he slipped 
 and fell, sticking his arm under the deadline — nothing but his arm. I was 
 within six feet of him when the guard raised his gun and fired and shot him 
 down. The man did not speak a word afterwards. 
 
 I do not know that man's name nor his regiment. I did not see Captain Wirz 
 present at that time. About the 20th of July, I think, there was a man shot on 
 the south side, at a little spring where they dug a hole in the ground about eight 
 feet from the dead-line, on the south side of the creek. He was there getting 
 water, and there was quite a number getting water at the same time. They 
 were crowding around to see who would get the water first. This man got 
 crowded outside the dead-line, and the guard fired on him and shot him. The 
 ' guard stood on the first post, on the south side of the creek. Captain Wirz came 
 along shortly afterwards, and went upon the stand where the sentry was, and 
 I saw him shake hands with the sentry. Shortly afterwards the sentry went 
 down, and another soldier took his place. He shook hands with the sentry and 
 (called him a " bully fellow," or something of that sort. I heard nothing said 
 about furloughs at that time. At one time I was detailed to go out and get some 
 wood. There was a confederate soldier who made it a practice of going out in 
 the woods where the boys went for wood, and trading with them there, out of 
 the sight of his officers. He said that there was an order out that they would 
 get furloughs for every Yankee they killed. 
 
 VACCINATION. 
 
 I saw one man of my regiment, of the name of Pillsbury, vaccinated there. 
 He belonged to company H. He went into the prison on the last of April, 1S64, 
 a very healthy man. When I got there, on the 27th of May, he was very 
 
TRIAL OP HENEY WIRZ. 347 
 
 healthy yet, although he had been vaccinated, and at that time there was a sore 
 on his arm as large as my hand. He had a watch which he sold for I do not 
 know how much confederate money, but a good pile. He bought things and 
 traded with the men, and we managed to live pretty well. He died about the 
 1st of September. He had no other disease that I know of. I do not think he 
 had, as he appeared perfectly healthy, and had been always healthy. When he 
 died this sore had spread all over him. There were sores coming out on his arms 
 and legs. I have seen a good many cases of vaccination while I was in prison. 
 They had a similar effect, sores on the arms. I have seen sores break out on 
 the arms, legs, and feet ; they looked like the sores on the arms. I should think 
 there was over a hundred cases of this kind. Every man whom I saw vac- 
 cinated while in prison there, with the exception of two men who got well, had 
 it operate on them in the same way. 
 
 CONDITIO.\ OF THE PEISONERS 1\ THE STOCKADE. 
 
 About one-quarter of the entire stockade was swamp. The swamp was about 
 eighteen inches or two feet of clear maprgots, and you could see them all in a 
 ferment crawling around. We were obliged to go into that swamp. When I 
 first went there the men had to go througli it to get the water out of the creek; 
 on the north side they had to wade it to get to the creek, and on the south side 
 they had to wade it for two or three rods. I have seen men in there digging 
 roots to get wood to cook their meals with. They would dig there because the 
 roots and stumps, and everything else that would burn, had been dug out of the 
 dry ground. They had to dig there, or eat their meals uncooked. That was in 
 the months of May, June, July, and August; along in July they commenced to 
 bring down dirt from the hills to cover that swamp up. Before I left they had 
 got a good portion of it, perhaps half of it, covered up, and the men were tenting 
 on it. 
 
 WIRZ'S STATEMENT THAT HE HAD SERVED IN THE UNION ARMY. 
 
 About the 4th of June Captain Wirz came into the stockade, and said that 
 Johnston had cleared out Sherman and had taken him prisoner, with about half 
 of his army. He was feeling very well over it. I tented right close to the 
 south gate, or rather I stayed there with some fellows who had a bough-house 
 up. Captain Wirz came in there and sat down, and got to talking about his 
 being in our army. He said he was an orderly sergeant in an Illinois regiment, 
 and fought under Sigel in Arkansas. There is one of our men alive, by the 
 name of Nelson Chittenden, of Wisconsin, who heard the same statement. I do 
 not know whether Captain Wirz was lying or not. 
 
 Cross-examined by Counsel : 
 
 Seven men were taken to Andersonville with me. I belonged to the cavalry. 
 I belonged to Sherman's army. Our cavalry, at that time, was not attached to 
 any coi'ps ; it was called Kilpatrick's corps of cavalry. I did not belong imme- 
 diately to Stoneman's command at that time. Colonel La Grange' was com- 
 manding my brigade. 
 
 September 20, 1865. 
 
 Bernard O'Harb, for the prosecution: 
 
 I was in the military service of the United States. I belonged to Co. A, 6th 
 New York cavalry. I was prisoner at Andersonville from the 28th February, 
 1864, to the 19th September, 1864. 
 
 acts op cruelty committed by wirz. 
 
 Q. State what you know of the sufferings of Union prisoners in the custody 
 of Captain Wirz at that time. 
 
348 TBIAL OF HENET WIEZ. 
 
 A. I was there before he came there ; things then were eaay, but after he got 
 'J.here he used rather strict rules and laws. Whether he had orders to do so or 
 not, I do not know. He brought us up in line and gave the guard orders to 
 shoot the first man who left the line. I saw him draw his revolver ; he pointed 
 it at me, but I have not seen him shoot anybody. I saw him kick a man by 
 the name of Ward, belonging to the 6th regular cavalry. The circumstances 
 were these : he dug a tunnel and crawled out ; he was caught and brought back, 
 and it was for that Captain Wirz kicke^ him. 
 
 I asked Captain Wirz one day in August, 1864, for a pass, and the answer 
 he gave me was, that he would pass me to hell. I thanked him. He asked me 
 bow I got up to his quarters ; I answered him, and he sent me back without a 
 guard. Afterwards he was taken ill, and he left the camp under the charge of 
 Lieutenant Davis. We asked Lieutenant Davis, and he gave us passes so that 
 we could go and bathe in a creek that was there. After Captain Wirz got well 
 he took away those passes from us, and told us that he would allow no Yankee 
 to have any privilege whatsoever. Those were his words. 
 
 TREATMENT OF THE DEAD. 
 
 I was detailed for the purpose of carrying out dead men. I was at it from 
 the 1st of August until September, carrying them from the different wards of 
 the hospital. Our orders were to go into every ward iu the morning and take 
 the dead out. I have seen 128 bodies and 135 bodies lying in the dead-house 
 at one time, lying there before the wagons came after them to move them out. 
 The dead bodies were allowed to remain over a day without being taken off, so_ 
 that when loading them up the bodies often bursted. A major there ordered us 
 every evening to get six ounces of liquor, because be imagined we ought to have 
 that on account of our business. 
 
 STOPPAGE OF RATIONS. 
 
 I know whether the rations of any prisoners were stopped at any time. They 
 were stopped four days in July; I believe about the 3d, 4th, and 5th of July. 
 I was among those whose rations were stopped. I was inside the stockade at 
 that time. 
 
 ACTS OF CRDELTY COMMITTED BY WIKZ. 
 
 Cross-examined by Counsel : 
 We had to go from the hospital to the gate to carry up those men who were 
 not able to walk to the hospital, and when I was down there, being out on my 
 owu honor, I took the honor of going up to see the honorable Captain Wirz. 
 Captain Wirz was ill in the latter part of August or the 1st of September. He 
 was not gone long ; not as long as 1 often wished he was. I felt so that it was 
 about a month, but I do not know exactly. 
 
 September 20, 1866. 
 
 John Burns Walker, for the prosecution : 
 
 I was in the military service of the United States, in Co. G, 141st Pennsyl- 
 vania infantry. I was a prisoner at Andersonville fiom June 16, 1864, till May 
 26, 1865. 
 
 THE RAIDERS. 
 
 I was wounded on the evening of May 28, 1864, at Hanover Junction, Va., 
 and was taken to Richmond on the 30th ; from there to Danville, and by Colum- 
 bia to Andersonville, where I arrived on the 16th of June. There were about 
 
TRIAL OF HENRY WIRZ. 349 
 
 400 in the sc[uacl tbat was sent at that time. Prisoners were being hurried from 
 Libby prison and other prisons in Eichmond to Andersonville for safety. On 
 arriving at Andersonville, Captain Wirz was in command. We were counted 
 off into detachments, three nineties making a detachment. After those prepara- 
 tions were gone through, sergeants were appointed to take charge of each ninety. 
 The detachment into which I was put was No. 84, and I was given charge of 
 the second ninety of that detachment. We were then ordered into the prison. Part 
 of us were put on the south side of the branch, and part of us on the north. 
 It was my luck to go on the south side ; it was much crowded. The detach- 
 ment had to be squandered all over the ground, seeking what place they could 
 find for quarters. Reports were brought to me every day of the plundering and 
 robbing of men. The first night I was there I pitched my tent with several 
 other men. Some of them had part of a tent, and one man had a blanket, and 
 with the piece of a tent and the blanket we made a tent for four. The place 
 where we pitched our tent was a little inside the south gate, a little up the street 
 where the teams came in with rations. In the night I was awakened by a man 
 who turned me over, and one of my comrades, who had no place to sleep, and 
 who was walking round outside, called to me ; the man had a knife in his hand, 
 hut my comrade came out and stopped him. I suppose he was going to cut my 
 pocket-book out, or something else. However, I got up and got out; I did not 
 lie down again till almost daylight. When I had got to sleep again, I was sud- 
 denly awakened by some noise, and when I opened my eyes the tent was gone, and 
 we were lying there uncovered. We found after daylight that there was a party 
 of blacklegs or raiders, as they were then called, in that place, who were rob- 
 bing, plundering, and assassinating prisoners, and that we had got into a nest of 
 them. So we went further and pitched our quarters on the southeast side, near 
 the dead line. I stayed there till the enlargement of the prison, when my de- | 
 tachment was ordered to the northwest side. - ' 
 
 TREATMENT OF THE SICK. 
 
 My duty as sergeant of a ninety called me to be at sick call every morning 
 with the sick. The order generally was for such sick men as had to be carried 
 out on blankets. I remember that on the 27th of July an order was given, I 
 think, for 500 — five from each detachment ; there were over a hundred detach- 
 ments in the prison at that time. The orders were generally read from the gate, 
 but whether they came from the surgeons or from Captain Wirz, I do not know. 
 The sick men were carried out, and about noon the surgeons were sent in. Those 
 sick men remained in the sick enclosure until next day at noon, when they were 
 taken out, 500 of them. They were in a dying condition. None were taken 
 except such as were considered not fit to live until next day. I have often 
 taken' sick men when the doctor would look at them and say that they would 
 live till to-morrow. That was Dr. Rossey, the surgeon to whom I reported at 
 the gate. He told me to take them back. They often asked if a particular 
 man could live to be brought again. We had no medical attendance in the 
 stockade. I never saw the surgeons in the stockade until the stockade hospital 
 was erected, in September and October. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I know the name of a prisoner who was shot by a sentry and killed. I have 
 a memorandum from which I can state it with certainty. On the 4th of Sep- 
 tember, 1864, a prisoner belonging to the 7th Indiana infantry, whose name was 
 Morris Prendiville, was asleep in his tent about 10 o'clock in the evening. His 
 quarters were near mine. I heard the report and went out. There was a little 
 commotion at the quarters where the prisoner was shot. When I got opposite 
 
350 TRIAL OP HENBY WIEZ. 
 
 the tent I found something under my feet, and on looking down I found the 
 man's brain and blood on the path. His feet were toward the dead-line, about 
 three feet from it ; his head was toward the. path. He had been wounded in 
 battle and afterwards brought to Andprsonville. He had been there only a few 
 days when he was shot. I reported the case next morning to Captain Wirz. 
 I left a report at the gate ; I never heard anything more of it. He. was shot in 
 the head, the ball scattering his brains about. I know the man's name was 
 Prendiville, because I wrote it on a paper and pinned it on his breast ; I wrote 
 the cause of his death — that he was shot by the guard — and I pinned the paper 
 on his shirt bosom. I made a memorandum at the time for myself, and I have 
 it here. I wrote this on the morning after the man's death. 
 
 (Witness produced the memorandum, which was i-ead, as follows : 
 
 " Morris Prendiville, Co. H, 7th Indiana regiment, infantry ; shot through the 
 head on the night of the 4th of September, 1S64, by the rebel guard. He was 
 asleep in his tent, directly opposite the post. The guard had no cause to com- 
 mit the crime.") 
 
 The Judge Advocate. I desire to call the attention of the court to the fol- 
 lowing extract from the hospital register: " 11,230, Prendiville, M, private 7th 
 Indiana, Co. H, complaint unknown ; admitted September 6th ; died September 
 6th ; died in quarters." 
 
 Witness continued : I do not know the names of any others who were 
 killed. On the 5th of August, 1864, five men were shot. I did not take their 
 names. Four of them were shot at the branch, and one of them near the north- 
 east corner, inside the stockade. Three of them were shot at one time ; one 
 was killed and two were wounded. Such shooting was a frequent occurrence 
 at that place. 
 
 GOODS BROUGHT TO Aj\DERSONVILLE FOR SALE CONFISCATED. 
 
 I was on duty outside the stockade ; I was paroled on the 28th of October, 
 1864, and was taken outside. I had the scurvy very bad, I had (5) five sores 
 on my right limb, which was much swelled. The quartermaster took charge of 
 me ; I was taken out to the work-shop to cobble shoes. It was some time before 
 I could do anything. Captain Wright told me that he would see that I should 
 not go back to the prison, that I should stay there and recruit. He used to get 
 a good many things for me — potatoes, pickles &c. I was put under the charge 
 of Captain Wright, but particularly under the charge of the quartermaster. 
 • Captain Wirz had then no charge of us ; Sullivan called our roll. While there I 
 saw goods confiscated in the shop. Sometimes people would come to the post with 
 provisions to sell, eggs, butter, pies and other things. There was a market 
 down at the railroad depot ; one day a little boy came there who used to come 
 there often with pies. An officer, either a lieutenant or captain, came to the shop 
 and arrested the boy, took his basket from him and took him down to Captain 
 Wirz's office. That was in the early part of March. 
 
 GENERAL COBB'S SPEECH. 
 
 r 
 
 I heard General Cobb make a speech on the 4th of March, 1865, at Ander- 
 sonville. General Cobb came to Andersonville on the 4th of March, and the 
 paroled prisoners outside were notified that, if we desired to hear the general, we 
 could go down. A good many of us went down, I among the others ; I found 
 General Cobb in the midst of the crowd ; the 2d Georgia regiment, I think, was 
 drawn up at the shed that was being built for a brick-yard. He made a speech 
 in which he referred to the prisoners. He said he was sorry that any prisoner 
 had been captured. He said he should hang every prisoner if he had his o^vn 
 
TRIAL OP HENEY WIRZ. 351 
 
 way. He further said, " If the prisoners come up to your house to take your 
 chickens or your pig, hang them. If a prisoner comes up to your house to spealT' 
 to your women, hang him." He then referred to President Lincoln. 
 
 Mr. Baker. I must object to this, as it does not appear to have anything to 
 do with the case. 
 
 The Judge Advocate. I object to the counsel appearing for General Cobb 
 unless he can show his authority. 
 
 Mr. Baker. In what earthly way does this evidence affect the case ? 
 
 A Member of the Court. If the counsel will read the first chargehe will 
 find there a charge of conspiracy. 
 
 Mr. Baker. General Cobb is not named. 
 
 A Member of the Court. The charge uses the words " and others unknown." 
 
 Mr. Baker. The trouble is that the admission of such things in evidence puts 
 us to so much trouble in following the case. 
 
 A Member of the Ooirt. We cannot help that ; we want the facts whatever 
 they are. 
 
 The objection was withdrawn. 
 
 The Witness continued: General Cobb said, " If President Lincoln ever 
 gets me he will hang me ; and if I ever get President Lincoln I will hang him." 
 In referring to the conduct of Captain Wirz, he said that he was glad to find 
 the state of things around Andersonville to be such as he did. He recommended 
 Captain Wirz as being a very meritorious and efficient ofiicer, doing his duty and 
 doing it well. He made comparisons with reference to the prisoners. He said 
 to the confederate troops around : '' Look over into the stockade," pointing his 
 finger directly to ii; " go look over there and compare yourselves with those 
 men, and go home and kiss your wives and sweethearts, and see if you cannot 
 gain your independecg." He further said, in connection with the grave-yard 
 and the treatment he would give to the prisoners, I would treat the prisoners 
 here well ; I would feed them well ; I would care for them." His voice, when 
 he said that he would care for them, assumed a stentorian tone ; he spoke harshly 
 and as if with big meaning, pointing at the same time with his hand to the grave- 
 yard, as if meaning that that would be the care he would give them, rhis 
 speech was received by the audience with some hurrahing, but not soenthusias-J 
 tically as I have seen speeches received in other places. 
 
 efforts of ladies to render assistance to the priso,\ers. 
 
 One day in the forenoon I was sent into the prison for the shoemakers. I 
 brought them out, and while we were reporting to Captain Wirz there were 
 two baskets standing outside of Captain Wirz's headquarters. Two ladies 
 were there from Americus. They wanted to send those delicacies to the pris- 
 oners. I don't know what they were. I did not see them ; the baskets were 
 covered. The ladies had tears in their eyes. They wanted to send those deli- 
 cacies in, but they had an order from Captain Wirz that they could not be re- 
 ceived. I could not find out whether the goods were confiscated or not ; but I 
 did not see them taken away. I know that they did not leave for two hours 
 afterward. The ladies were refused admission to the prison. 
 
 sanitary orders issued by wirz. 
 
 I have sometimes received sanitary orders while in the prison regarding the 
 treatment and the keeping of the quarters. 1 received those orders from Cap- 
 tain Wirz. They were headed, " Headquarters of the post," and were signed 
 " Captain H. Wirz." It was an order sent in by the sergeant who called the 
 roll. It was brought around among the detachments, and was read to the ser- 
 geants of each detachment. We were only allowed to see it, not to receive 
 
352 TRIAL OF HENRY WIRZ. 
 
 copies. The orders were to police the quarters and keep them clean, to take the 
 sick below the line of the well, and to produce as good a state of sanitary affairs 
 in the camp as possible ; and there was a penalty attached to the order — that 
 any sergeant not following out his orders and keeping it strictly should be put 
 in the stocks for 24 hours. I told Sergeant Hammond when he brought the 
 order to me, " There are my sick men ; I cannot detail all the balance of my well 
 men to keep carrying those men below the line of the well all the time. My 
 quarters are as clean as I can keep them, and if that is not sufficient you cau 
 report me to Captain Wirz ; I am ready for the stocks.'' 
 
 STOPPAGE OF RATIONS. 
 
 My rations were stopped while I was at Andersonville ; on the 3d of July 
 the sergeants came in and told us that we were going to have a fine time on the 
 4th July, that we would have an extra ration. The 4th of July came and we 
 had no rations at all. The rations were frequently stopped. The crime of any 
 man not being able to report, or any sergeant not being able to report the num- 
 ber of men, was considered a sufiicient cause for stopping our rations. I gener- 
 ally managed to substitute men for those whom I could not account for. Some- 
 times it was not possible for all the men to be present. Sick men had to leave 
 and go to places where it was necessary for them to go, and they would not be 
 able to get back in time. I generally found men from other squads who had 
 been counted, and filled up the vacancies with them. 
 
 Cross-examined by Counsel : 
 We were not doing anything when the sergeant came in on the 3d of July and 
 spoke to us in regard to our rations. We had not been attempting to break out 
 that day. I used to hear about a plan to break out, but I never could find any 
 organization. Such an attempt was not the cause for stopping our rations. 
 I never knew of any organization to break out ; I knew of some tunnelling. I 
 guess the rations were not stopped because they had been tunnelling. I do not 
 know ; I know that we had the promise of a good day on the 4th, and we did 
 not get it. I did not hear at that time anything about tunnelling out. 
 
 EFFORTS OF LADIES TO RENDER ASSISTANCE TO THE PRISONERS. 
 
 Those ladies were there in the beginning of March, 1865 ; I noticed that one 
 of them had on a brown dress. One was a goodly-sized lady, full faced. I 
 should know her again. 
 
 The Presidkmt. What is the object of those questions 1 
 Mr. Baker. We intend to produce the lady here, and I ask these questions 
 for identification. 
 
 shooting of two PRISONERS BY WIRZ. 
 
 SEPTE.MBER 20,. 1865. 
 
 Hugh R. Snbe, for the prosecution : 
 
 I was in the military service of the United States — in the thirty-ninth Illi- 
 nois regiment. I was a prisoner at Andersonville about five months. I was 
 captured May 16, 1864, and I made my escape about the 9th of September fol- 
 lowing. I made my escape by smuggling myself out with a few prisoners who 
 were to be exchanged on special exchange arranged between General Sherman 
 and General Hood. When they called the roll of these men who were to be 
 exchanged, it was after dark ; that time being chosen on account of the heat, as 
 men would faint- during the day. When tliey called the roll they said they 
 wanted none but able-bodied men — men who were able to go into the field; and 
 as a test they gave an order that any man who came out and was not able to 
 
TRIAL OF HENEY WIRZ. 353 
 
 walk eighteen miles would be shot. Of course every one was anxious to get 
 out, and, among the rest, myself. I considered that I could walk eighteen miles, 
 but I had no right to come out any more than my chances to get out. After I 
 got out I fell into /line. Others came out who could not walk. There were two 
 men belonging to a western regiment — I think one belonging to an Iowa regi- 
 ment ; I am not certain as to that ; they fainted before they got to the brook 
 that ran, I think, between Captain Wirz's headquarters and the depot. They 
 fell out of the ranks, and the guard shoved them to one side. A man ran back 
 and wanted to know why they were out. They made tlie remark that they 
 wished to get out of prison. The man said, " I will help you out damned soon." 
 We were hurrying along at the double-quick. I heard six discharges from a 
 pistol ; I supposed it to be a revolver, and I heard a cry, as if somebody was hurt. 
 Presently a rebel officer, a lieutenant I think, came along, and he made the re- 
 mark that it was a brutal act. Some one asked who did it, and he said the 
 captain. I have no means of knowing that they were killed, except that 
 this lieutenant said that only one of them was killed. He said " otie of 
 them is dead." I have heard Captain Wirz's voice on several occasions. I 
 cannot say positively if the voice I heard at that time had the accent of his 
 voice. I thought at that time that it was his voice. We passed him soon after- 
 ward, perhaps not over fifteen minutes. He was sitting in his chair in front of 
 his headquarters, and General Winder was sitting not a great distance from him. 
 I suppose it was calculated that we were passing in review before them, and 
 they were counting us. We were ordered to march in particular order so that 
 we could be counted. That is all I know about that particular affair. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw three different men shot. One was either the sergeant major or hospital 
 steward of a New York regiment. He went outside the dead-line for the purpose 
 of being shot. That was in August, 1864. Some said that he was crazy; others 
 said he was not. He was shot by the guard, and was killed instantly. The 
 guards shot at him three times before they hit him. At the time the last shot 
 was fired there was an officer in the sentry-box with the guard, but it was not 
 Captain Wirz. It was a lieutenant of the guard. Another case was that of a 
 man of the 2lst Ohio. I cannot give his name. He was a German. He was 
 lying inside the dead-line asleep. Somebody raised a disturbance near the dead 
 line. I think that perhaps he fell over the dead-line. A shot was fired which 
 went through the man's shoulder and another man's foot. The man at whom 
 they fired was missed. That was in July, I think. There was a crazy man — 
 a German who was captured on the 16th of May. He seemed to be deranged 
 from some cause. I think he was deranged when he was captured. He was 
 shot ; I think he staggered against the dead-line. I saw him when he was shot 
 by the sentry. He was not trying to escape. The man was deranged ; he did 
 not know what he was doing. This happened near the north gate, close to the 
 edge of the swamp. It occurred some time in July or August. I believe I don't 
 know of any other occurrence of that character. 
 
 SHOOTING OP TWO PRISONERS BY WIRZ. 
 
 ' Cross-examined by Counsel : 
 
 I cannot tell the date precisely when I heard those six shots from a pistol or 
 revolver. It was in September. It was at the time that exchange occurred. 
 
 Q. Was it the first part of the exchange or the latter part? 
 
 A. The last squad of prisoners that went away. Seven hundred were taken 
 from the stockade, but I believe all of them were not exchanged. It was 
 not as late as the 25th of September. It was in the first part of Sep- 
 
354 TRIAL OF HENRY WIRZ. 
 
 tember; it must have been, because I got within our lines on the 23d of 
 September. 1 was making my escape at that time. I followed the prisoners 
 till I got to Lovejoy's station ; there I broke away from them and got inside 
 our lines at a little place called Eastport. I was only one day on my journey 
 after I got away from the prisoners. I was four days with them before I got 
 away from them. I think it was five days from the time I heard the pistol dis- 
 charged till I got within our lines. It was about the 17th or ISth 6i September, 
 
 J as near as I can tell. I never saw Captain Wirz shoot a man. I saw him 
 shove a man ; I did not see him strike a man with a pistol. I don't know that 
 he bruised the man whom he shoved materially, but he was a sick man, and 
 when Captain Wirz shoved him over, he got trampled on by the crowd. That 
 
 ! is the only instance I ever saw. 
 
 protest of the officers of the troops stationed at andersonville against 
 the conduct of affairs there. 
 
 September 20, 1865. 
 
 Sidney B. Smith, for the prosecution : 
 
 I was in the rebel army. I was captain of a company in the twenty-sixth 
 Alabama, stationed at Andersonville. I was at Andersonville from the latter 
 part of February, 1864, until the 14T:h of May, 1864. 
 
 Q. Did your regiment join in representations with reference to matters at 
 Andersonville 1 
 
 A. There was a meeting held by officers of my regiment, but there was 
 nothing done directly about prisoners. The meeting was directly in refer- 
 ence to Colonel O'Neill, the colonel of the regiment; it was indirectly 
 in reference to the treatment of prisoners. I do not recollect the particu- 
 lars directly, but there was something said against the treatment of the 
 prisoners. We complained of the post officers generally. It was on Col- 
 onel O'Neill's account directly. Colonel O'Neill, on account of some state- 
 ment supposed to have .been made by Colonel Persons, commander of the 
 post, and other officers on duty at the post, to the war department, was relieved 
 from duty, and when we found that that statement had been made, we held a 
 meeting to clear his character at the department, and indirectly in reference to 
 the treatment df prisoners. We asked for a court of inquiry, stating that we 
 could substantiate before such a court the statement that we made with reference 
 to the conduct of matters there. 
 
 Q. How did you represent matters ? 
 
 A. I do not recollect the exact words. We made this report to General 
 Cooper, inspector general. It was forwarded through the regular channel 
 from the regimental headquarters. It went to the post headquarters of Colonel 
 Persons. We heard nothing of it after that. Whether it went further, I do 
 not know. We did not make another report directly. 
 
 Q. Did you not send one to your father in the rebel congress ? 
 
 A. After we heard nothing from the other, I sent a copy to my father, and 
 one to Colonel Jamison, senator from Alabama. I never heard from my father 
 whether he received the paper, and I have not seen Colonel .Jamison since. 
 One of the officers who was at Andersonville said that he heard Captain R. 
 B. Winder, the quartei-master, and several other officers chuckling over it, 
 saying that the paper had miscarried ; that Colonel Jamison had sent my 
 paper to the inspector general, who read the indorsement without reading the 
 body of the paper, and referred it to General Winder, who made his remarks on 
 a separate piece of paper and kept the original copy. That paper was an at- 
 tack on the administration of affairs there. I do not recollect the particulars. 
 
 Q. Who were involved in the report; of whom did you complain ? 
 
 A. I do not recollect any particular names. The affair was caused by a 
 
TRIAL OF HENRY WIRZ. 355 
 
 remark of Selman, who was acting adjutant of the post, and also acting sutler 
 of the prison. 
 
 Q. Caused by him in what way ? 
 
 A. It was against the orders tor the g:uards to trade with the prisoners in any 
 way, and Selman, I believe, caught a man of our regiment trading with the 
 prisoners, or he supposed that he was trading with them. He accused him of 
 it, but he could never prove it. He had a man bucked for doing so. A few 
 nights afterwards the regiment took out Selman and rode him on a rail. The 
 next day Selman was heard to remark that that damned old scoundrel. Colonel 
 O'Neill, had stolen his watch and money. Some of the men who were present 
 reported the matter to Colonel O'Neill, who sent a guard and arrested Selman. 
 Selman was kept under arrest for several days, and was then released. A 
 few days after that an order came from the war department relieving Colonel 
 O'Neill from duty entirely with the command. He was not to take any com- 
 mand over the post or troops, or have anything to do with them. He was 
 allowed to stay near the camp, but not to go out of hearing. We never reported 
 that there was any Winder clique or combination ; it was our supposition that 
 there was a clique of that kind. 
 
 Q. State, as near as you can recollect, the corruptions that you charged in 
 that establishment. 
 
 A. I do not recollect any of the particulars. I told you (the judge advo- 
 cate) in our conversation that I would not be willing to risk on the stand a state- 
 ment of the matter. 
 
 Cross-examined by Oou.nsel : 
 Some time in the latter part of March or the first of April — I don't remember 
 which — was when these statements were made. Captain Wirz was at the pri- 
 son at the time this occurred, at the time we called our meeting. He was there 
 at the time of the occurrences on account of which the meeting was called. I 
 suppose these occurrences took place from 8 to 10 days before our meeting — 
 probably a little longer — time enough for the statements which had been made 
 by the other parties to get to the department ; it was the latter part of March 
 or the first of April. It may have been later than the first day of April, or it 
 may have been before. Captain Wirz was there at the time of the occurrences 
 before the meeting. We called the meeting among ourselves. I was one of 
 those who called it ; the ofiicers of the 26th Alabama regiment were the others. 
 Edward A. O'Neal was our colonel; B.F.Brown was our major. All our officers 
 called the meeting ; they drew up and signed a paper and sent it to the inspec- 
 tor general at Richmond. We never got a return from it. We had just a 
 meeting of the oiScers of the regimeat. We met at a cabin which was my 
 quarters. They came inside the cabin. I don't remember what one officer said, 
 or what others said. I don't remember anything that was in the paper. 1 par- 
 ticipated in the meeting. The meeting was called because we were satisfied 
 that the parties who had made the previous statement to the war department 
 had made a false accusation against Colonel O'Neal. We were never furnished 
 with a copy of that statement. I do not know what the statement was. I do 
 not know that it was false certainly, but I am satisfied that it was false. I have 
 no evidence that it was false. I have no knowledge in reference to it at all. 
 
 By the Court : 
 This meeting took place after Colonel O'Neal was relieved. I suppose his 
 relief had something to do with it. 
 
 September 21, 1865. 
 Ambrose Spencer, for the prosecution : 
 
 I reside near Americus, Sumter county, Georgia. My plantation is about 
 nine miles from Andersonville. I have resided there for the last five years. 
 
556 TRIAL OF HENRY WIRZ. 
 
 CONDITION OF THE PRISONEES IN THE STOCKADE. 
 
 I visited Andersonville during its occupation as a prison very frequently. I 
 have seen the prisoner, Captain Wirz, very frequently. I was there nearly 
 every month, I think, during the time it was a prison. I douht whether a month 
 elapsed in which I was not there while it was in its crowded condition — 
 every month except,, perhaps, during March, 1865. I was there in April, 1865. 
 I was at Andersonville constantly ; nearly every month, as I have remarked. 
 I had frequent opportunities of seeing the condition of the prisoners not only 
 from the adjacent hills, but on several occasions from the outside of the stock- 
 ade where the sentinels' grounds were. I had opportunities of talking at differ- 
 ent times with the prisoners, not only at Andersonville, but after they escaped 
 in several instances, when they came to my house. I can only answer the ques- 
 tion bysaying that their condition was as wretched and as horrible as could 
 well be conceived, not only from exposure to the sun, the inclemency of weather, 
 and the cold of winter, but from the filth, from the absolute degradation which 
 I was evident in their condition. I have seen that stockade after three or four 
 days' rain, when the mud, I should say, was at least twelve inches deep on both 
 the hills ; the prisoners were walking or wading through that mud. The con- 
 dition of the stockade perhaps can be expressed most aptly by saying that in 
 passing up and down the railroad, if the wind was favorable, the odor from the 
 stockade could be detected at least two miles. 
 
 THE NUMBER OF SAW AND GRIST-MILLS NEAR ANDERSONVILLE. 
 
 I believe I am familiar with the surrounding countiy. Thnt section of south- 
 western Georgia is well supplied with mills, both grist-mills, flour-mills and saw- 
 mills. Between Andersonville and Albany (the distance by railroad being I 
 believe, fifty miles — there is railroad communication) there are five saw-mills. 
 One of them, a large one, is owned by a gentleman named Drew. There are 
 four others of considerable capacity; there is one saw-mill at a distance of six 
 miles from Andersonville, owned by Mr. Stewart : that goes by steam. There 
 is another saw-mill about five miles from Andersonville that goes by water. 
 There are saw-mills on the road above An'dersonville. As for grist-mills there 
 are five in the neighborhood of Andersonville, that farthest off being at a dis- 
 tance, I should think, not exceeding ten miles. There were two at Americas, 
 the one farthest off being about twelve miles distant. Of these mills the water- 
 mills are run nearly the entire year, except occasionally in the summer months; 
 in the months of July and August they may be temporarily suspended owing 
 to the want of water, but not for any length of time. 
 
 THE SUPPLY OF PROVISIONS I\ GEORGIA IN 1864. 
 
 It is a very heavily timbered country, especially in the region adjoining An- 
 dersonville ; it may be termed one of the most densely timbered countries in the 
 United States. As for its fertility, southwestern Georgia, I believe, is termed 
 the garden of America ; it was termed the garden of the confederacy, as having 
 supplied the greater part of the provisions of the rebel army. Our section of 
 Georgia, Sumter county, is perhaps not as rich as the counties immediately con- 
 tiguous. The land is of a lighter quality, but still it produces heavily. I sup- 
 pose that the average of that land would be one bale of cotton to the acre; the 
 wheat would average about six bushels to the acre. The average of corn 
 thronghout the county, 1 suppose, would be about eight bushels to the acre. 
 I am stating the general average of the whole number of acres in the county. 
 We have land in that county that will produce 35 bushels of corn to the acre; 
 I am stating the general average. It struck me that there was an uncommon 
 supply of vegetables in 1864. Heretofore, at the south, there has been but lit. 
 
TRIAL OF HENRY WIRZ. 357 
 
 tie attention paid to gardens on a large scale ; but last year a very large supply 
 of vegetables was raised, as I-understood, for the purpose of being disposed of 
 at Andersonville. Indeed, there was not a day that passed when the trains were 
 not loaded going from Americus up to Andersonville, with persons carrying 
 vegetables there. I know that some officer at Andersonville (I cannot say who 
 it was) had agents at Americus to purchase vegetables ; and large amounts of . 
 vegetables were sent up daily or weekly. - — ^ 
 
 THE SUPPLY OF LUMBER. 
 
 I know of lumber having been used at Andersonville. I was there during 
 June and July very frequently, at the time when Governor Brown had called 
 out the militia of the State. The militia of southwestern Georgia were stationed 
 at Andersonville, and their tents were all floored with good lumber, and a good 
 many shelters of lumber were put up by the soldiers. I noticed a good many 
 tents that were protected from the sun by boards. There seemed to be no want 
 of lumber at that time among the confederate soldiers. 
 
 THE T^EMPERATUBE DURING THE SUMMER OP 1864 AND WINTER OF 1864-'65. 
 
 I did not take regular thermometrical observations during the summer of 
 1864 and the winter of 1864-65; but I had a thermometer, and every day, sometimes 
 two or three times a day, I examined it. I generally made it a rule to look 
 at it when I got up in the morning, again about noon, and then in the evening. 
 So far as I remember, the range of the thermometer during the summer of 1864 
 was very high. I think I have seen it as high as 110 degrees in the shade. 
 Once, and only once, I put the thermometer out in the sun on an extremely 
 hot day in June, 1864. It ranged then, if my memory serves me aright, 127 to 
 130 degrees that day. Last winter, according to my experience during more 
 than twenty-five years' residence in Georgia, was the coldest winter we have 
 ever had there. I have seen the thermometer as low as 20 and 22 degrees 
 above zero — fronj 8 to 10 degrees below the freezing point; one night it was 
 colder than that ; it was the night of the 4th of January. It is very distinctly 
 impressed on my memory. During the night I was waked up by my wife, who 
 told me that somebody was calling in front of my house. I opened the side 
 window (it was excessively cold) and asked who was there. A voice replied, 
 " A friend." I answered that I had no friends at that time of night, and very 
 few anyhow in that country. He said that he was a friend of mine and wanted 
 to come near the fence to speak to the. I told him my dog would bite him if 
 he came to the fence ; he then approached and said he was an Andersonville 
 prisoner, and asked me, calling me by name, if I lived there. I told him that 
 I was the man and to wait a moment. I dressed myself, went out and chained 
 my dog, and brought the prisoner in. He was nearly frozen ; he could hardly 
 stand ; he had on only one shoe, and that was a poor one, and had a stocking 
 upon the other foot. He was clad in the thin army flannel of the United States, 
 badly worn. He had on a pair of light blue pantaloons which were badly worn. 
 This was on a Wednesday morning; and he told me that he had made his escape 
 from Andersonville on the Saturday previous, that he had been apprehended 
 and taken to Americus,' where he had made his escape from the guard the night 
 before, and was directed to my house by a negro; I asked him if he was not 
 nearly frozen ; he said he was. I looked at the thermometer then and it was 
 eighteen degrees above zero. This was about two o'clock in the morning — be- 
 tween one and two o'clock. 
 
 EFFORTS OF LADIES TO RENDER ASSISTANCE TO THE PRISONERS. 
 
 I know that eiforts were made by the ladies of my county to relieve the 
 prisoners at Andersonville ; at one 'time a general effort was made. All that I 
 
358 TRIAL OF HENRY WIRZ. 
 
 know is, that a gentleman named Mr. Davies, a Methodist presiding elder, ex- 
 erted himself to induce the ladies to contribute clothing and provisions to the 
 federal hospital at Andersonville. A large amount of provisions vifas collected, 
 some three or four wagon loads, if I am not mistaken, and sent up there. I 
 believe that the effort failed. First, the provost marshal refused a pass to carry 
 , the provisions to the hospital ; and when application was made by Dr. Head, 
 who acted as the spokesman for the ladies, to General Winder, it was positively 
 refused to them. I had a conversation with General Winder three days afterward, 
 f The same matter then came up. General Winder stated, accompanied with an 
 oath, that he believed the whole country was becoming " Yankee," and that he 
 would be damned if he would not put a stop to it ; if he couldn't one way he would 
 in another. I remarked that I did not think it was any evidence of " Yankee" 
 or Union feeling to exhibit humanity. He said there was no humanity about 
 it ; that it was intended as a slur upon the confederate government and as a covert 
 \^ attack on him. I told him that I had understood it was done at his request; 
 that he had requested Mr. Davies to bring this thing about. He said it was a 
 damned lie ; that he had not requested anything of the kind ; that for his own 
 jiart, he would as lief the damned Yankees would die there as anywhere else ; 
 that, upon the whole, he did not know that it was not better for them. That 
 was his language, or words to that effect. Captain Wirz was not present at that 
 lime. My wife was with me at the time. ' There were other ladies present, but 
 1 don't think I knew any of them. They were not part of the committee. 
 
 Q. In what way did General Winder speak of the ladies and their humane 
 effort? 
 
 A. He used the most opprobrious language that could possibly be used, 
 language that no gentleman could listen to, especially in the presence of his 
 vi'ife, without resenting it in some way — language utterly unfit to be repeated 
 in the presence of ladies. It was an intimation that he could very easily make 
 loyal women of them by putting them in a certain condition that would bring 
 them to it. 
 
 I was present at a conversation the day after this committee of ladies failed. 
 It was at the depot at Andersonville. The conversation was principally carried on 
 between the provost marshal, Captain Heed 
 
 Q. Captain or Lieutenant Reed. 
 
 A. Ibelieveweused tocallhim captain. He might have been a lieutenant, prob- 
 ably. He was the only Keed there. Captain Wirz and E. B. Winder were present. 
 There were three or four officials there ; I cannot recall any but those. Lieu- 
 tenant Reed observed that if General Winder had done as he wanted, they 
 might have made a good speculation out of the provisions and clothing that 
 the ladies had brought; that he proposed they should be confiscated, but the 
 " Old General" would not do it. Wirz re'marked that if he had his way he 
 would have a house built there, and all the ladies should be put in it for certain 
 purposes. That was a most scandalous, infamous purpose, which I do not wish 
 to repeat. R. B. Winder's remarks were a general concurrence. I don't know 
 that he said anything special that I can call to mind, any more than laughingly 
 concurring in what had been said. 
 
 THB DOGS. 
 
 I know Turner, who had the hounds, vory well ; his name was Wesley W. 
 Turner. 
 
 Q, What did you ever hear him say as to his duties there and what he was 
 receiving 1 
 
 A. It was some time in the early part of 1864 — March or April, I think. 
 He had purchased a piece of land up in the same district in which my place is. 
 i met him one day in Americus and asked him if he was going to settle that 
 land. He said he was not ; that he was making more money now than any- 
 
TRIAL OP HENRY WIRZ. 359 
 
 body in that country. I Inquired how he was making it. He said the con- 
 federate government was paying him for keeping hounds to catch escaped 
 prisoners. I asked him if he got his pay from Richmond. He said, no, he did 
 not trouble Richmond; that " Old Captain Wirz" was his paymaster. I asked 
 him how much he received ; my impression is that he did not tell me what he 
 received. He told me that he ,was making more money than anybody else in 
 that country ; better than cultivating ground. That was early in the history 
 of that prison, I think — during March or April. It was while he was there on 
 duty ; he told me that he then had a pack of hounds and was employed there. 
 
 GENERAL WINDEE AND SONS ; THEIR ANIMOSITY TOWARDS THE PRISONERS. 
 
 I know W. S. Winder — " Sid. Winder," as he is called. I saw him at the/ 
 time he was laying out the prison. Between the 1st and 15th of December, 186-3, 
 I went up to Andersonville with him and four or five other gentlemen, out of 
 curiosity to see how the prison was to be laid out. When we arrived there the 
 limits of the prison had all been marked; They were then digging a trench to 
 put the stockade posts in. Workmen were busy cutting down trees in and 
 around where the stockade was. In the course of conversation I inquired of W. 
 S. Winder if it was proposed to erect barracks or shelter of any kind inside the 
 stockade. 
 
 Mr. Bakrr objected to the reception of the evidence, on the ground that the 
 matter narrated did not come within the time specified in the charge. 
 
 The Court, after delibera.tion, overruled the objection. 
 
 The Witness resumed ': I asked him if he was going to erect barracks or 
 shelter of any kind. He replied that he was not ; that the damned Yankees 
 who would'be put in there would have no need of them. I asked him why he 
 was cutting down all the trees, and suggested that they would prove a shelter 
 to the prisoners, from the heat of the sun at least. He made this reply, or 
 something similar to it : " That is just what I am going to do ; I am going to 
 build a pen here that will kill more damned Yankees than can be destroyed in 
 the front." Those are very nearly his words or equivalent to them. That 
 was before a stockade was erected in the trepch. Captain R. B. Winder came 
 there to the post ten or fifteen days after that — I suppose about ten days. 
 There was nothing said at that time as to who ordered W. S. Winder there to 
 lay out the prison. I had frequent conversations with General Winder. I 
 used to meet him very frequently, either in Americus or going up the railroad. 
 I saw him a good many times at Andersonville. 
 
 Q. What was the general temper and spirit of his talk with regard to those 
 prisoners 1 
 
 A. The opinion that I formed of him was anything but creditable to his feel- 
 ing, his humanity, or his gentlemanly bearing. I am not aware that I ever had 
 a conversation with General Winder, in which he did not curse more or less, 
 especially if the subject of Andersonville prison was brought up. I can only 
 reply to your question by saying that I considered him a brutal man. That 
 I drew from his conversation and conduct as I observed them. I looked Upon 
 him as a man utterly devoid of all kindly feeling and sentiment. 
 
 THE CONDITION OF THE PRISONERS GENERALLY KNOWN IN THE SOUTH. 
 
 Q. How generally, so far as you observed, were the sufferings and horrors of 
 he Andersonville pen known throughout the south ? 
 
 A. So far as my knowledge and information went, the knowledge of those 
 Bufferings was general ; it was so, at least, throughout the southern part of the 
 southern States ; I cannot speak specially in regard to the neighborhood of Rich- 
 mond. The matter was discussed in the newspapers constantly, and discussed in 
 private circles. Perhaps I might have heard more of it than most, because it 
 
360 TRIAL OF HENRY WIRZ. 
 
 dwelt more on my mind ; "but it Was a general subject of conversation through- 
 out the entire southern part of the confederacy. 
 
 THE QUANTITY OF PROVISIONS RAISKD IN 1864. 
 
 Cross-examined by Counsel ; 
 
 I went south tweuty-five years ago the 8th day of last month. My residence is 
 in Sumter county, near Americus. It is a village or town. It is called Americus. 
 I live near the town. I have lived in Sumter county for nearly twelve years. 
 I have been a teacher most of the time ; my profession is that of a lawyer. I 
 have been planting, farming, for the last five years, most of the time on my own 
 farm. My farm is two lots ; there are two hundred acres to the lot; four hun- 
 dred acres in all. "When I speak of the crops', and of vegetables there, if I 
 judged from my own crops my statement would be unfavorable, because I made 
 a very poor crop that year, both of corn and vegetables. I do not judge from 
 my own ci-op. The testimony I have given is what I have seen of other planta- 
 tions. I believe I have travelled during the last two years almost as much as any- 
 body has. I held a position as an agent to collect evidence of claims against 
 the Confederate States government — to establish claims. My district comprised 
 thirteen counties, if I am not mistaken. That is the extent of the district over 
 which I had jurisdiction — within which I received and established claims against 
 the confederate government. I was appointed by General Cooper, adjutant and 
 inspector general. I held a confederate office; I suppose in one sense I may be 
 considered as having held a confederate office. I had no commission ; it was 
 rather an agency. I travelled all through those thirteen counties constantly. I 
 travelled mostly with my own buggy and horses ; whenever I had 6ccasion to go 
 to places that were not on a line of railroad, in Schley, Webster, Marion, Chatta- 
 hooche, Stewart, Thomas, and one or two other other counties, I had to travel 
 in my own conveyance. When I went to Mushogee, to Columbus, or to Ogle- 
 thorpe, or down to Cuthbert, or to Albany, I went by railroad. I did not say 
 I visited them several times during the last year; I said I visited each one of 
 those counties at least twice, and some of them oftener. I did not obtain this 
 information as to the crops while I was travelling. I did not say anything of 
 the kind. I suppose a part of my 'information was obtained in that way. 
 
 Q. What you have stated, then, about the crops, you have stated from informa- 
 tion that came to your knowledge in travelling, or partly in that way? 
 
 A. Partly in that way, and partly from conversation with planters whenever 
 I met them, as to the state of their crops, and partly from information derived 
 from reports in the newspapers. 
 
 Q. Did the planters tell you thiit they had made plentiful crops ? 
 
 A. They did not tell me anything of the kind. Their reports of their crops 
 were various. Some would complain that they had made very poor crops ; 
 others said that they had made excellent crops. The general concurrence of 
 opinion was that the crops were good. That was in 1864. The crop of 1863 
 w,as better than that of 1864. 
 ' Q. Was the crop of 1863 in any way injured or destroyed ? 
 
 A. Yes, sir ; in some sections of the country it was, but not generally in our 
 section. We had seasonable rains in 1863, when in other parts they wanted rain. 
 I say that the crops in 1863 in the neighborhood of Andersoiiville were better 
 than in 1864. They were good, and I think, so far as my information goes, they 
 were saved. Those crops consisted principally of grain, corn, potatoes, peas, a 
 .small quantity of rice, according to the country, sugarcane, Chinese cane, sirup 
 and sugar. 
 
 Q. Was there anymore raised in 1863 than enough to supply the actual want 
 of the inhabitants there ? 
 
 A. Of course, I can only answer that question from general information. I 
 should say that there was much more. 1 did not hear a general complaint 
 
TRIAL OF HENRY WIRZ. 361 
 
 of deficiency. I heard more complaints in 1864 than 1863, especially com- 
 plaints coming from the upper part of Alabama, There was a great deal of 
 complaint in portions of G-eorgia in 1864, from the usual causes that destroy'- 
 crops — droughts, &c. Our planting in 1864 was very early ; if I mistake not 
 I had gotten through putting my corn in, I think by the 5th of April ; it was all 
 in and up. 
 
 THE NUMBER OF SAW AND GRIST-MILLS NEAR ANDERSONVILLE. 
 
 I saw a portion of those crops carried to the mill ; it is impossible for me to say 
 what portion. Whenever I had occasion to go to the mill myself, or to pass by 
 a mill, I constantly saw a large number of wagons there. Two grist-mills I did 
 go to frequently — one of them a third of a mile from my plantation. The mill 
 was owned by Dr. R. C. Black. At present there are three run of stone in it. 
 There was only one run of stone then. There were two run of stone in the 
 other mill. 
 
 Q. Did you ever see anything there more than what are known as family 
 grists ? 
 
 A. Yes, sir. I have seen the upper and lower stories of the mills packed with 
 wheat and corn — so full that it was difficult to get about. 1 could not say to 
 whom' the grain belonged. I am certain it did not belong to the confederate gov- 
 ernment ; from a conversation I had with the owner of the mill, 1 think it belonged 
 to the planters and farmers in the neighborhood. I used generally to ride over to 
 that mill, I suppose every two months ; sometimes I would go oftenerfor the pur- 
 pose of fishing. The time I saw it so full was from the time the wheat was 
 harvested and got out, which was in the early part of June, up to September. 
 I saw it more or less packed during those months : at times I saw it packed as 
 I have stated ; at other times there was a less quantity there. At the time I 
 saw the mill packed as I have testified, I expect it was principally in the months 
 of July and August. I saw it so packed two or three times ; perhaps three or 
 four times. 
 
 Q. You were there very frequently ? 
 
 A. That depended on the state of thefish pond ; that induced metogo there and 
 fish. The second mill was owned by a Mr. Davidson. It was six miles from my 
 place. It is a little over five miles from the first one I have mentioned. The 
 nearest grist-mill to Andersonville is about five miles south of it, perhaps not as 
 much as five miles ; I believe it is considered a pretty large mill. 1 think it had 
 two run of stone. In 1864, I think there were two. It is a water-mill. Then 
 going down, there are two mills in Americus. I have not described these two 
 mills. There are two run of stones in the one, and I think but one run of stones 
 in the other. They were the same in 1864. A gentleman by the name of 
 Daniels owns one, and in 1864 a man by the name of Hayes owned the other. 
 I have already described the other two spoken of. Those are all I know of. 
 Those were all there in 1864. There are six mills ; there is another one about 
 a mile from Mri Davidson's mill, and it is owned by a man by the name of 
 Cheeves. It has two run of stone. That is all I know of in that country. 
 Pour of those mills are turned by water. The other two are turned by steam. 
 I do not think I know the name of the stream that the one nearest to Anderson- 
 ville is located on, unless it may be called the "Sweet Water." I will not be 
 positive that it is. The one near my place is called the " Muckalooche," and 
 Davidson's mill and Oheeves's mill are on the same stream. I believe I can 
 say that those fo.ur mills ran all the time in the summer of 1864, by water ; 
 there might have been a stoppage for a day or two ; I do not think there was a 
 stoppage for two days continuously. They, perhaps, held up the grinding 
 somewhat in order to let the water accumulate, but I think the mills were run- 
 
362 TEIAL OP HENRY WIEZ. 
 
 ning all the time. I know of four or five saw-mills in that vicinity. There is 
 one located about five or six miles below Andersonville, on the railroad. 
 Three of them run by water. There are six saw-mills that I know of. I can- 
 not say that I visited them during the summer of 1864 ; 1 have passed by all 
 of them frequently. 
 
 Q. Do you not know that they did not run at all hardly during the summer 
 of 1864? 
 
 A. No ; I do not know anything of the kind. I know they did run during 
 the summer of 1864. It is mure than I can say, if they run all the time. I 
 have seen lumber there. I have seen large quantities of lumber at the different 
 mills ; for instance, at Drew's mill, a very large steam-mill, I have constantly 
 seen the railroad on each side of it lined with lumber. I do not know who that 
 lumber belonged to ; at the mill five or six miles below Andersonville, 1 have 
 seen a great deal of lumber, in the summer of 1864. I do not know that the 
 confederate government pressed that lumber. 
 
 Q. You do not know that they did not do it? 
 
 A. Well, sometimes it is easy for a man to know a negative, but in this case 
 I do not know it. 
 
 EFFORTS OF LADIBS TO RENDER ASSISTANCE TO THE PBISOXERS. 
 
 I was not concerned with those ladies at Americus in getting up contributions 
 for the prisoners. 
 
 Q. All you know about it is from hearsay ? 
 
 A. Well, I will recall that answer. My wife was personally concerned in get- 
 ting up the thing. I contributed towards it. It was iu li'ebruary, 1865. I 
 believe I heard of efforts being made in 1864. I know nothing about it myself . 
 It was in September, 1864, that I had the conversation with General Winder, 
 at which Oaptaia Wirz was present. It was during 1864 tha't I went to An- 
 dersonville so often. I stated in my direct examination that I was not there os 
 often in J865, and that I thought I was not there at all in April, 1865. 
 
 medical testimony. 
 
 September 21, 1865. 
 
 Dr. B. J. Head, for the prosecution ; 
 
 I was on duty at Andersonville as a surgeon in 1864. I do not remember 
 the precise date. I think it was between the 6th and 10th of July that I went 
 there, and I left there between the 15th and 20th July. 
 
 Q. Who ordered you there ? 
 
 A. Well, I shall have to tell you a little history to let you know how I got 
 there. When there was a call for the militia of Georgia it embraced me. I 
 didn't want to go into the ditches nor go into the field and bear arms. I did 
 not feel myself able to do it. I was informed by a friend of mine who was at 
 Andersonville that if I would go up there I could contract with Dr. White and 
 get a situation that would save me from field service. I did so, thinking that 
 Dr. White had authority from Governor Brown, but I learned after getting there 
 that he did not have that authority, althougli I contracted with him. An officer, 
 a colonel by the name of Price, came up and got an order from General Winder 
 for the arrest of myself and a good many other physicians. We then employed 
 a man by the name of the Rev. Mr. Hooeydew to go and represent to Governor 
 Brown that there were not physicians enough at Audersonville to attend to the 
 sick : that our services were needed there, and we preferred staying there to 
 going in the field. He went to see Governor Brown, and on making those rep- 
 resentations, the governor sent an oider to us all to report to Dr. White and re- 
 main there, which we did. The governor was informed that they were needing 
 more physicians at Andersonville ; that was all the information he had on the 
 subject so far as I know. 
 
TEIAL OP HENRY WIRZ. 363 
 
 TRBATMBNT OF THE SICK. 
 
 I was assigned to duty when I first went there, but was sick and did not at- 
 tend to it. I remained sick for several days. As soon as I recovered sufficiently 
 I went and reported again to Dr. White for duty. He assigned me a division 
 of the hospital, and I attended to that while I remained there. I fouud that 
 the sufferings of the men there' were very great, resulting from the diseases they 
 were suffering under and from the want of the proper kind of dieting, remedies, 
 &c. I think I could have done more, indeed I know T could, with proper diet- 
 ing than I could with the medicines that we had. When first I went there, I 
 think for two days, not more, I examined each individual case, made my own 
 diagnosis, and wrote out my own prescriptions accordingly. I found that the 
 medicines had not been supplied ; I asked the reason why, and they said to me 
 "I was not to practice in that way ; that I had to practice according to the num- 
 bers and formulas that they had." I said, " I know nothing of these formulas 
 and numbers and care nothing for them, and I am not going to practice in any 
 such way." Then 1 went my rounds and diagnosed the cases again and made 
 out a prescription for each case. It was very laborious ; I had a good many 
 under my charge. I sent up the prescriptions and they were again refused, and 
 my clerk, who was what we down south call " a Yankee," told me that it was 
 useless for me to make out prescriptions. 
 
 Q. Explain what these formulas and numbers meant. 
 
 A. They commenced with one and, perhaps, ran up to thirty odd. " No. 1" 
 was good, perhaps, for diarrhoea; "No. 2" for dysentery; ''No. 3" for 
 scorbutus ; " No. 4" for something else, and so on. It was taking the 
 discretion entirely away from the prescribing physician himself. I was in 
 formed after I left that that system was abandoned. I objected to it be- 
 cause I could not prescribe properly for my patients. I looked upon it 
 as utter quackery. Anybody, whether he had ever read medicine or not, could 
 practice medicine according to the formulas, if he could only diagnose the cases 
 and find out what was the matter with the patients, but it was often doubtful if 
 the prescription would suit a case in its present condition. The doctors, how- 
 ever, had to take that or nothing. Part of the time there was not even that, and 
 they had nothing in the world to give theJr patients but a little red oak bark as 
 an astringent and other barks that we could get out of the woods. Frequently 
 men would die for want of a stimulant. I could not get it ; I would make 
 requisition for it and sometimes I would get some and sometimes I would not. 
 
 EFFORTS OF LADIES TO RENDER ASSISTANCE TO THE PRISONERS. 
 
 The suffering in Andersonville was pretty generally known in my part of the * 
 State. It might have been discussed in the newspapers. I do not recollect, ..' 
 After I left the prison I was telling my wife about their sufferings and what 
 they needed, and she went out in the town where I am living and got up some 
 contributions quite smart, she and some other ladies, and sent them up in charge 
 of one of my negro men, and he went and distributed them. I wrote a line 
 , myself to Dr. Eiland, who had charge of the division, to see the sick of my ward 
 wiaen I had left, got their proportion of them, and to administer the balance to 
 those who needed it most in the hospital. I ought, perhaps, to have stated a 
 circumstance that took place while my wife was getting up the contribution. 
 The Rev, Mr. Davics, a Methodist minister, presiding elder, lived in my house, 
 and he observed to us, " You had better wait and let me go and see General 
 Winder or we might get into trouble." I told him " I wished he would." He 
 did so. He associated himself with another minister by the name of Robinson, 
 They went up and saw General Winder, as they informed me, and told him what 
 they wishedr and what the ladies of Americus wished to do. The general ex- 
 
364 TRIAL OF HENRY WIRZ. 
 
 pressed himself, so they told ine, as being glad that this tluDg was being gotten 
 up by the ladies, and said, '■ It afforded him pleasure, and that they were v,-elcome 
 to send any contributions of that kind." Well, then, I thought the way was 
 clear. I have told how the first donation was sent in. Then another contribu- 
 tion was raised and we sent it up and it was distributed. The second time they 
 sent up more than they did the first time. After those donations were sent we 
 received the two letters I hold in my hand. The third time my wife rode over 
 in the country as well as about town, and they got up a large quantity of pro- 
 visions, clothing, and one thing and another that was appropriate, and it took a 
 good many servants to carry them up. Several of the ladies concluded that 
 they would go up themselves on that occasion, and my wife among them. They 
 insisted that I should go along with them and I told them that I would do so. 
 We went up, and when we arrived at Andersonville the doctors had sent a wagon 
 over to meet us. I told the negroes to put the things in the wagon as quirk as 
 they could and carry them over to the hospital and distribute them and get back 
 against the down train came along, so that we might all get home that night. 
 As soon as they started to load the wagon this Lieutenant Reed, whom I have 
 heard spoken of here, ripped out a very profane oath, and asked where the pro- 
 visions were going, as though he were very mad, and I observed that they were 
 going over to the Yankee hospital, and he swore that they should not go there. 
 There were several other confederate officers present, colonels, and majors, and 
 captains, and some o" them got cursing about it and one man in particular told , 
 me that I ought to be hung ; others said I ought to be shot, and I don't know 
 but what W. S. Winder or R. B. Winder may have been present. I could not 
 say if they were. I never was intimately acquainted with them, and I do not 
 recollect. Well, I thought I would get it into the hospitals independent of the 
 oflBcers, having had the permission of General Winder, and I said but little more, 
 merely remarking to one of the gentlemen that I would see him another day and 
 that we would settle our difficulty. I went over to General Winder's headquar- 
 ters myself, leaving the ladies at the depot, and told him the circumstances ; 
 that we were there in accordance with the permission given by himself, and that 
 I wanted to get an order from him to carry the provisions over to the hospital. 
 I saw he was very much excited ; he got up from his chair and turned round, 
 using very profane language. He said, '' He did not know why in the name of 
 hell and damnation everybody was turning Yankee sympathizers, or that there 
 were so many sympathizers with the damned Yankees," and then he ripped out 
 an oath and said, " Are you all scared by the Yankees 1" I said to him, " Gen- 
 eral, I do not suppose that the donors of these things are scared ; this is a 
 mission of mercy and charity, and I do not suppose they ought to feel alarmed 
 in any way." That seemed to irritate him worse, and he expressed a wish, ac- 
 cording to the best of my recolledtion, something like this, " That every damn 
 Yankee sympathizer and that every damned Yankee upon the continent was in 
 hell." Ele wound up by saying, " You cannot carry those ^hings in; they shall 
 not go ; they shall not have them." About this time this little fellow Reed 
 came round and said, " Oh ! general, will you give me an order to have these 
 provisions confiscated 1" And the generalsaid, " 1 do not know ifl have authority ; 
 I cannot do it." I got away as quick as I could. I thought it was an unhealthy 
 place for me. I went back to the depot and saw the ladies and told them to 
 say no more about it ; that I thought it very doubtful if I would be permitted 
 to leave the place alive as it was, and that if they said anything more they no 
 doubt would be arrested, and that we had better get awary as soon as possible. 
 In a few minutes there came along a train with some of our soldiers in it who 
 had been out some time, and were liungry, and the ladies gave them the pro- 
 visions. As seen as the passeliger train came along' we got on board and went 
 home. That is the whole story. 
 
TRIAL OF HENRY WIRZ. 365 
 
 Cross-examined by Counsel: 
 Those letters (handing the two letters referred to in the direct examirlation) 
 will show the date this occurred. I got no letter after I went there the third 
 time ; we got away from there the third time as speedily as possible. I did not 
 . go there until the last time. It was in August and September that the things 
 went, the first and second time. It was n'ot more than a week after that, when 
 they went the third time ; as soon as they could getup the provisions and clothing. 
 I did not learn of anything that had changed General Winder's mind in regard 
 to that. I had no information on that point; nothing at all until I walked into 
 his quarters. I never knew positively what changed his mind. I suppose he 
 was wrought upon by outsiders and was influenced by outside pressure. I did 
 not see Captain Wirz the day I went there to the best of my recollection. . It 
 was my wife who first started the idea of sending down contributions there. 
 She did not have to work very long before she got the firstload off. The third 
 time I have spoken of she went about the country. She took a good deal of 
 pains ; it took a few days to get the things together ; but wherever she went and 
 made application, they sent in provisions. There was some trouble in getting 
 the supplies. I do not know how many wagon-loads there were. I did not 
 go to the depot the two first times with the provisions, nor did I go with the 
 provisions the third time, but I saw the supplies as they were put on board and 
 taken out again. The third contribution was much larger than the others. 
 There was a good deal taken down the third time. I guess there vVas a Wagon- 
 load of provisions. "When we speak of a wagon-load we generally mean a four 
 or six horse team. I don't know whether it would have been as much as six 
 horses could have pulled or not ; I don't know what a six-horse team could 
 pull. I don't know what it would have weighed in bulk ; it was in baskets 
 and one thing or another. I guess it would have filled an ordinary wagon. I 
 don't know what it all was; I did not examine it; there were tomatoes, biscuits, 
 sweet cake — I don't think there was any flour. There was some coff'ee and 
 sugar and a little of everything that could be had in that part of the country. 
 There might have been such a lady as a Miss Ransom who sent in some dona- 
 tion ; I did not know one-half of them. I* could not say whether she was or 
 was not one of them. The paper which I have produced was received by my 
 wife through the hands of her servant, a negro man ; it came from Andersnnville. 
 The other paper came also from Andersonville. I saw Dr. Stevenson while I 
 was at Andersonville. He was not in command when I was there ; Dr. White 
 was in command. The change was made about the time I left or immediately 
 afterwards. I have not seen Dr. Stevenson's writing enough to identify it. I 
 presume that one of those papers is in his handwriting; the other I presume 
 came from the soldiers. It came to me through the hands of the same servant 
 that carried up the provisions. 
 
 TREATMENT OF THE SICK. 
 
 Almost everything that I wanted in the way of medicine was not there' \ 
 They told me they were not there, at the post. I made out prescriptions, and 
 they did not fill them ; they said they 'had not the articles, and 1 had to give 
 these numbers that I spoke of. I had a good many indigenous medicines. I 
 believe they were the principal medicines which I had ; those were badly pre- 
 pared. I had no means at my command to prepare them. I don't know whether 
 those indigenous preparations could have been made much better than they were. 
 It was a very quackish way of preparing physic. I should say they would be 
 of little service the way they had to be administered. I should hate to have to 
 be treated so myself. Sometimes they would get in some better medicines, but 
 they would soon be gone ; so I was informed. I could not get what I made 
 requisitions for ; they would not let me have it, and I had to practice by pre- 
 
366 TBIAL OF HENRY WIEZ. 
 
 scribing according to the numbers. I did not knoTsr any other physicians who 
 got what I failed to get. I know all the others ; I presume they fared in the 
 same way I did. I learned that after I left, they got to filling their prescriptions. 
 I presume that they then had got medicines. While I was there I don't pre- 
 sume that I fared any worse than my associates. If others had any better 
 ! chance to practice than I had I never found it out. 
 
 By the Court : 
 
 They kept physic there in several little houses ; I believe I was in one or 
 two of them ; they were sometimes little tents and sometimes little cabins. I 
 could not give a correct opinion as to the quantity of medicine there. I under- 
 stood that it was very scarce. I do not know as to that of my own knowl- 
 edge. 
 
 By Counsel : 
 
 T went to Andersonville sometime between the 6th and 10th, and I left there 
 between the I5th and 20th of August. The reason of my leaving was that the 
 inferior court of my county petitioned Governor Brown that I should be sent 
 home to practice medicine, representing that our own people were suffering for 
 want of medical attention. He sent an order to me to return home and practice 
 physic. I did so, and remained there until I was ordered up here. 
 
 By the Judge Advocate : 
 
 I don't remember any particular incident which happened at the gate of the 
 hospital when the sick men were brought out and left there. I saw men at the 
 gate of the hospital who were brought there for treatment. They were in a 
 very deplorable condition ; they were greatly reduced ; suffering a great deal ; 
 they were reduced, some of them as much as men could be to be alive. They 
 were in an awful condition ; they were sometimes left there. Sometimes men 
 were brought to the hospital when it was so crowded that there was no place to 
 put them — no house, no tent, nothing. All the sick were under tents ; and some- 
 times these men who were brought had to lie about in the streets and at the 
 gate until enough would die in the tents to give them a place : when one would 
 die another would be put in. During that time some of them would die at the 
 gate. 
 
 acts of cruelty committed by duncan. 
 
 September 21, 1§65. 
 
 Charlbs H. Russell, recalled for the prosecution : 
 
 I saw acts of cruelty committed at Andersonville by a man named Duncan; 
 I believe' his name was James Duncan. I understood that he was a rebel quar- 
 termaster. He used to come in with the wagon bringing in the bread. He is 
 sued it out to the sergeants of detachments. I never heard his authority for 
 acting as such, but I heard 
 
 Mr. Baker objected to witness stating what he heard. 
 
 I saw Duncan in this court-room ; I see him now. 
 
 (Witness pointed out the man to whom he referred.) 
 
 About the 10th day of June, 1864, he came in with some bread, and I with 
 six other men of my detachment was detailed to go down and help him to bring 
 up the bread. A fellow belonging to my 100 — 1 don't know his name ; he be- 
 longed to a Tennessee regiment — came down with me, and while we were get- 
 ting the bread, or rather while we were standing by, for our turn had not come, 
 a piece of crust broke off and this man stooped down to pick it up ; as soon as 
 he did so Duncan jumped out of the wagon and struck him, and kicked him 
 twice or three times severely. The man died three or four days afterwards in 
 a tent in the stockade. Before that occurred he was just as healthy as I was, 
 
TRIAL OF HENRY WIRZ. 367 
 
 and I thonght his chance of getting out was fully as good ; he had as good a 
 tent as mine was. Another instance was three or four days afterwards, about 
 the 15th of June. My tent was close to the gate where the wagon stopped and 
 where the bread was issued. This Duncan was issuing bread again. A poor 
 fellow, about half-witted, who staid on the north side of the stockade, came 
 over there. He went to get some bread. I did not see the commencement of 
 the affair, and could nottell whether he wanted to steal some or not ; at all events 
 I saw Duncan jump out of the wagon and kick him and knock him down. The 
 man jumped up and Duncan knocked him down again, then picked him up and 
 threatened to throw him inside the dead-line and let the guard shoot him. The 
 man went away and that was the last I saw of him. The first occurrence which 
 I have narrated occurred about the 10th of June. I do not know the man's 
 name whom I saw Duncan kick ; he belonged to a Tennessee regiment. I do 
 not know the name of the second man. I saw him about the camp, but I never 
 knew his name ; he was a halfwitted fellow. That is all I know about acts of 
 cruelty committed by Duncan. 
 
 Cross-examined by Counsel : 
 
 The second occurrence which I have related took place a few days after the 
 first occurrence — perhaps the 15th of June. I know what the first man was 
 doing; he was detailed to bring up the bread to our detachment. He was wait- 
 ing for it while they were issuing it to another detachment. A little piece of 
 bread dropped down and he stooped to pick it up out of the sand because he 
 was hungi'y. I was not close enough to the second man to see what he was 
 doing. 1 think, though, that he was trying to get some bread. I saw Duncan 
 strike him and kick him. When he got up he knocked him down again, then 
 picked him up and threatened to throw him inside the dead-line. Both these 
 men whom Duncan attacked were small men. It was the custom of Wirz's 
 bullies to pitch upon small men or boys. I never knew them to pitch upon large 
 men. They never pitched upon me. I always gave them a wide berth. I saw 
 Duncan come in with the wagon every day, at least every day through June, I 
 think, and July. I was in the stockade from May 27 till September 7, 1864. 
 
 acts of cruelty committed by duncan. 
 
 Septembek 21, 1865. 
 
 W. W. Grandall, recalled for the prosecution : 
 
 I knew a man at Audersonville; named Duncan. That (pointing him out in 
 court) is the raan^ He had charge of the cook-house there During the first 
 time I was there he used to come into the stockade with rations. During the 
 latter part of the time they said he was acting as detective. In the first days 
 of October, 1864, I was in the ball-and-chain-gang. I saw him and another man 
 named Barr bring a man to put in the stocks. His name was James Armstrong. 
 He belonged to an Ohio regiment; the number of the regiment I cannot tell. 
 They put him in what they called the " spread-eagle stocks," and after put- 
 ting him in they took from him his money and a picture. I heard Armstrong 
 plead with Duncan for the picture, saying either that it was the picture of his 
 sister or of his mother. He did not get it. He was left there three or four 
 hours., when Duncan came back alone and took him out, saying that he was go- 
 ing to send him away on the cars. I heard Armstrong at that time ask Dun- 
 can if he could not give him back that picture. The answer was, " You may 
 consider yourself damned fortunate to get away at all, and that you are not put 
 in the ball-and-chain-gang with those other boys." I did not notice anything 
 that he took except the money and picture. I do not know how much money. 
 
368 TRIAL OF HENRY WIRZ. 
 
 The man told me the amount while he was still in the stocks. I think he stated 
 the sum was about eight or nine dollars in greenbacks. I do not- know of any 
 other special acts of cruelty by Duncan. 
 
 Cross-examined by Counskl : 
 
 I heard Duncan refuse toigive the money back to Armstrong. I do not know 
 but that he may have given it afterwards. That is all I ever saw in regard to 
 him. 
 
 September 21, 1865. 
 
 Samuel M. Riker, for the prosecution : 
 
 I have been in the military service of the United States, in the eighth New 
 Jersey volunteers. I was taken prisoner the 22d of June, 1864. I was taken 
 first to Richmond and from there to Andersonville, where I arrived on the 10th 
 of July. 
 
 PRIVATE PROPERTY TAKEV FROM PRISONERS. 
 
 I saw the prisoner the day I arrived there. I went there with some six hun- 
 dred Union prisoners, and was taken immediately to Captain Wirz's headquar- 
 ters. We were compelled to stand there under the burning sun, without shade, 
 and without water, between three and four hours. The men were formed in 
 four ranks and were ordered to remain so. They would leave the ranks in or- 
 der to get water, if possible, from boys passing with canteens for soldiers. They 
 were cautioned frequently not to do it. ' One man who stepped out was struck 
 on the head with the butt of a gun by one of Captain Wirz's sergeants, whose 
 name I do not know. The man was insensible for some time. Many of the 
 men standing there fainted away from exposure and the heat of the sun. It 
 wouldprobably be called sun-stroke. They were carried and laid under trees, 
 and were not taken into the stockade with us. Soon after we were all turned 
 into the stockade. Next day raw rations "were issued to us. We had no wood 
 to cook them, and of course were hungry for a long time before we got enough 
 used to the ways of the stockade to obtain wood and materials for cooking. I 
 saw men searched at Captain Wirz's headquarters. The men I went there with 
 had all passed through Richmond and been thoroughly rifled before they got into 
 Captain Wirz's hands. He ordered a search, and all government equipage, such 
 as blankets, knapsacks, and haversacks were taken away ; also money except- 
 ing a certain amount ; for instance anything over $100 in money would be taken. 
 I did not see any other valuables taken away. In Richmond they took away 
 everything in the shape of money — State money, greenbacks or coin. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I know of two cases of shooting in the stockade. The men were not 
 acquaintances of mine, not men that I knew. I kept a diary while there, but 
 being obliged to keep it in lead-pencil it is so blurred and rubbed out that I cannot 
 read it, and cannot give the names. The men were shot in July, near the place 
 where they used to get water to drink from the stream. The persons shooting 
 them were younger men, who were on guard. The first man I saw shot was 
 shot in the breast. I saw him after he was carried away. He died a few min- 
 utes afterwards. He was shot by a mere boy, probably not more than fourteen 
 years old. That was about the middle of July, soon after I was taken into the 
 stockade, which was on the 10th of July. It was on the lllh that the six raid- 
 ers were hung. I saw the next man shot in the latter part of July. It was 
 at the same place as the other, or very near it, where he was getting water. 
 
TRIAL OF HENEY WIEZ. 369 
 
 THE RATIONS. 
 
 I was on duty outside the stockade. On the 25th of August I was paroled 
 by Lieutenant Davis, who had temporary command of the prison, being an ac- 
 quaintance of hie. Captain Wirz resumed command in about three days, when 
 he sent me to the bakery. Duncan had charge of the rations and supervised 
 the whole matter himself. Afterwards I was sent to the hospital. While I had 
 duties connected with issuing rations I had an opportunity of knowing whether ' 
 the supplies were short or plenty. I was often at the depot and at the commis- 
 sary store and could see what was there. I never knew the commissary 8tor6 
 to be empty. There was always plenty of meal and peas and pork. There 
 was never, any scarcity to my knowledge. I know of rations being exchanged. 
 Once, in February, I think, Captain Wirz laid down a lot of pork of his own. 
 It spoiled in the curing, and he sent it to the commissary, and received in re- 
 turn an equal amount of good beef, which was the prisoners' rations. I ate J 
 some of it myself, and it made me sick, it was so much tainted. 
 
 DUNCAN STEALS THE PEtSO.NERS RATIONS. 
 
 Duncan's full name was, I think, James W. Duncan. He was on duty there 
 in more than one capacity, I suppose. He had first charge of the bakery and 
 cook-house. He had charge of issuing rations there and cooking them, and is- 
 suing them to the prisoners. He was also a government detective at the post of 
 Andersonville, under the direct control of Captain Wirz. Duncan and Bowens 
 and Humes, who were all connected with that duty, lived a short distance from 
 the cook-house, and the rations used by them were taken from the prisoners' 
 rations to a great extent. I know that meat was taken to their house in large 
 quantities, and I have heard that there were quantities of it found in the cel- 
 lar after they left the place. I saw the meat taken there myself. Fresh beef 
 was not always issued, and he could have better quality for his own use by pre- 
 serving it. I never knew him to take anything but rations. I have known a 
 number of instances where he has been bribed to let men go away from the 
 prison in squads, leaving on parole for the north, for a certain remuneration, 
 taking watches and money, and- such like valuables. 
 
 Cross-examined by Counsel : 
 I saw this; I saw the money handed to him, and saw watches given to him. 
 It was stated \vhat it was given for. It was given in September, 1864, when 
 the first boys were about leaving there. 
 
 ACTS OF CRUELTY COMMITTED BY WIRZ. 
 
 I never saw Captain Wirz commit any acts of cruelty to the prisoners. I 
 never came in direct contact with Captain Wirz until some time in November,, 
 
 1864, about the l.'ith, when I was detailed to report to his headquarters. I 
 stayed there from then till I left the prison, which was on the 23d o/ March,, 
 
 1865. I was a clerk at his headquarters,; I ke^t the squad books of the stock- 
 ade, principally. 
 
 September ^1, 1865. 
 Charles E. Smith, for the prosecution-: 
 
 I am in the service of the United States. I belong to company K, 4th 
 United States cavalry. I went to Andersonville on the 2d of May, 1864, and 
 remained till the 12th of September. 
 H. Ex. Doc. 23 24 
 
370 TRIAL OF HENRY WIRZ. 
 
 PRISONERS SHOT BY wrRZ'S ORDER. 
 
 I saw four men shot in the stockade. I saw three shot together, the one hall 
 taking effect on the three of them. One of them was killed instantly, another 
 died in ahout an hour, and the third died in about two days afterwards. I think 
 that was about the 10th of June. I do not know the men's names. They were 
 shot at the creek by the sentinel on post. Only one sentinel fired. I saw a 
 man shot on the north side of the stockade. He was reaching under the dead- 
 line to pick up a piece of bread which some other man had thrown out of his 
 haversack. The sentinel shot him from his post. I think this was about the 
 10th of May. I got there a very few days before. The man died instantly. I 
 think the man was in his right mind, except from starvation and hunger. Cap- 
 tain Wirz was present at the first shooting. The man was stooping at the dead- 
 line for water, when Captain Wirz told the sentry to fire at Mm. The sentinel 
 hesitated and would not do it. Captain Wirz drew his own revolver and said 
 to the sentinel that if he did not shoot them damned Yankee he would shoot 
 him. It was after that remark, by Captain Wirz, that the sentinel fired and 
 hit these three men. 
 
 VACCINATION. 
 
 ' I heard Captain Wirz order men to be vaccinated. He came in one day with 
 the doctor. They had been vaccinating three or four days. He cailie to our 
 detachment that morning and gave the sergeant orders that every man should 
 be there and vaccinated. They went in to vaccinate, and they vaccinated most 
 of the ninety. I was vaccinated myself, and I went to the brook and washed 
 it, and sucked the blood out of my arm and stopped it. Other men who 
 were vaccinated at the same time came near losing their arms, and I do not 
 know but that they did lose them after 1 left. There came big sores in the 
 arms where the matter was put in, and the flesh rotted away, and there came 
 big sores under the arms. I cannot say that I saw any cases where the sores 
 did not spread in that manner. I saw mostly all of them with very large sores,, 
 bigger than a silver half-dollar. I never saw them get well while I was there, 
 except they did the same thing that I did to get it out of their blood. Captain 
 Wirz said that any man who would refuse to obey his orders would have a ball 
 and cliain put on. That order was carried out. There was one, man named 
 Shields, belonging to the 2d Iowa infantry, who refused to be vaccinated. 
 They took him out and put a ball and chain on him until he consented to have 
 the matter put on his arm. I saw him after he was vaccinated. , He went and 
 washed it out, and it got well shortly afterwards. 
 
 WIRZ'S ABILITY TO USE BOTH HIS ARMS. 
 
 I know very well that the prisoner could use both hands. I and some of my 
 comrades were digging a tunnel, when he and some more of the rebels found it out, 
 and came in with prodding irons to find out where it was. They confiscated our 
 blankets and what little meal, we had, and took all away from us. I know he 
 could use his right arm very well then. 
 
 SUFFERINGS FROM HUNGER. 
 
 ( Our rations were stopped there for the 3d, 4th, and 5th of July ; we got no 
 rations at all. I have seen men, in a starving condition, on the bank of the 
 swamp picking up beans which had passed through men, and go wash and eat 
 them. 
 
 [^ PRISONERS SHOT BY WIRZ'S ORDER. 
 
 Cross-examined by Counsel : 
 I stiw four prisoners shot at Andersonville. I saw the first man shot about 
 the 10th of May. I did not see Captain Wirz at the time. The second occa- 
 
triIl of henry wirz. 371 
 
 sion was, I think, about the 10th of June. Captain Wirz was present. There 
 v/ere three shot at the same time. That was not on the dead-line ; none of the 
 four were outside of the dead-line. 
 
 September 21, 1865. 
 Benjamin B. Dykes, for the prosecution : 
 
 I have been employed as railroad agent at Andersonville from January, 1864, 
 until the 24th day of January, 1865. I am yet agent, but have not been acting 
 since that time. 
 
 THE RATIONS. 
 
 There was a great deal of provisions shipped to Andersonville for the use of that 
 post. .There were provisions o"n had at all times. I think that as often as twice 
 tliey were right scarce. That was at the commencement. When the first batch 
 of prisoners came I loaned the quartermaster some meat and meal in consequence 
 of not having any shipped. Sometime during the year, in consequence of a 
 collision on the. railroad, there was a scarcity, I think, for a day ; that is, the 
 commissary complained that if they did not come they should be without any. 
 The freight trains ran generally very regularly, from one to six trains a day, 
 except in cases of accident, which was a rare thing. 
 
 THE DOGS. 
 
 I knew a man there whose name was Benjamin Harris. I knew he had what 
 we called negro hounds to catch runaway negroes. After the prison was located 
 there they had him there several times to catch escaped prisoners. He never 
 left an account with me to be collected for services rendered there. He told me 
 he left the account with E. B. Winder, for me to get the money from Winder 
 when Winder got it. I applied to R. B. Winder for the money, and he said he 
 had not received the money, and therefore could not pay it. 
 
 DUNCAN STEALS THE PISONERS' RATIONS. 
 
 I know one Duncan who used to be there. (Witness identifies Duncan in 
 court.) He was called cook in the cook-house — in the employ of the rebel 
 government. I do not know of his ever making sales of provisions that were 
 in his custody. He was taken away frotri Andersonville, and was, I was after- 
 wards told, under arrest. I did not know it at the time. He said to me ihat he 
 had to go on, and that he had seven barrels of sirup he wanted to sell ; arid said 
 he, "I owe Whetlow $500, and you can take the sirup and sell it and pay 
 yourselvt's out of it, and pay the balance to Browers." Said I, " Where is the 
 sirup ?" Said he, " Mr. Browers will fetch it." I said, " Very well, I will do the 
 best I can." The sirup did come to the freight-house. I do not know where it 
 came from. Duncan had a family there. He lived at the post, between the 
 freight-house and stockade. I do not know where he got the rations for his 
 family. I only know he bought some from citizens who brought them there. 
 
 THE SUPPLY OF VEGETABLES NEAR ANDERSQNVILLE. 
 
 Q. What do you know about the abundance of vegetables in that part of the 
 country ; whether they were brought in constantly to sell ? 
 
 A. They were not brought in constantly. They were brought in generally 
 more or less every day through the summer months of, 1864, and in the fall 
 months. There were a good many vegetables raised there in 1864. 
 
372 TRIAL OF HENRY WiEZ. 
 
 Cross-examined by Counsel : 
 
 I cannot state precisely the number of sacks of vegetables that I sawbronght 
 in at cue time in 1S64, but I think [ snw forty or fifty sacks; the most I ever 
 saw come in one car. They consisted of what we call colla^-ds, potatoes, toma- 
 toes, and all kinds of vegetables. They came from Araericus, Smithville, 
 Dawson, Cuthbert, Albany, Mouiton and Adam's Station. They were vegeta- 
 bles belofigiiig to the confederate government. There did not come many from 
 the upper end of the road towards Macon. Sometimes there would come some 
 from Montgomery, Marshville, and Winchester. Some days none would come, 
 and other days there would come so much that the wagon-masier who carried 
 them from the freight-house to the prison would say " Some of these will spoil." 
 Some portion of those vegetables were for the people outside. What came for 
 the confederate government was markud "C. S." There was no distinctive 
 mark between what was sent for the prisoners and what was sent for the con- 
 federate troops ; there was no difference at all, provided they were sent by the 
 government agents. 1 do not know that both were fed indiscriminately out of 
 the same commissary stores. What was shipped by the government agents 
 was marked " C. S." As to mal\ing any distinction between what came for 
 federal prisoners and what came for the guard, I could not do it. All that were 
 marked "0. S." 1 knew was private. A number of the physicians there, Dr. 
 White, for instance, had goods shipped 'there for themselves. The goods that 
 came there for the confederate soldiers and for the federal prisoners were all 
 marked the same; there was no distinction. When they were brought there, I, 
 as railroad agent, had to receive them. They were generally laid out on the 
 platform. Sometimes they lay tliere ten minutes and sometimes nearly an 
 hour before the wagon came and took tliem away. After they were taken away 
 I knew nothing more about them. They were taken away in government wag- 
 ons; whether specially for prisoners or for confederate troops, I could not say, 
 only that there was one certain man who always came with one certain wagon. 
 I believe his name was Cuddington, or some such name. Whenever his wagon 
 came, it was for the hospital; at least so he said. There was very little com- 
 plaint, as a general thing, about the difficulty of getting commissary stores 
 brought there. Sometimes there would be a little scarcity in consequence of a 
 breakdown, a collision, or soinething of that sort. The house I lived in at An- 
 dersonville was about two hundred and fifty yards from the freight-house. I 
 lived there from 1st January, 1861, to 24th January, 1805. I now live six 
 and one-half miles from' the place. I own the place. I own about a fourth of 
 the ground where the prison was located. The other three fourths were owned 
 by W. W. Turner, now dead. Captain Wirz boarded with me about two 
 months when he first came there. 
 
 Septembkb 21, 1865. 
 Ambrose Henman, for the prosecution : 
 
 I am a private in company L, 4th United States cavalry. I was a prisoner at 
 Andersonville from the 23d of April, 1864, till the last of July, 1864. I saw 
 the prisoner there. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw one man shot after I was there nine or ten days. It was about the 6th 
 or 7th of May, I think, at the northwest corner of the stockade. The man put 
 his hand under the dead-line to get a crumb of bread, when he was shot by the 
 guard. I do not know the man's name or regiment. I think he was an idiot, 
 a crazy man. 
 
TRIAL OF HENEY WIRZ. 373 
 
 A PRISONER SHOT BY WIRZ's ORDER. 
 
 I saw a man shot at the south g;ate, about the last of May, 1864. The man 
 had several names — " Pretty Polly," "Fortune Teller," and " Chickamauga." 
 Captain Wirz was present at the time he was shot. Pretty Polly, aa I called 
 him, went up to the gate. Wirz was at the wicket gate, having the gate open. 
 Pretty Polly asked him to let him out. Captain Wirz drew his revolver and 
 told him that he could not get out. Pretty Polly seemed to be afraid of the 
 raiders inside, as they called them. Wirz drove him back from the dead-line and,- 
 closed the gate and walked out. Ohickamauga walked inside the dead-line and ' 
 sat down, saying he would rather be shot by their men than be killed by our 
 own men. Wirz ordered the sentinel to shoot him. The sentinel hesitated, 
 and before the sentinel fired, Wirz went up to the sentry box with his revolver 
 drawn. But before he got there the sentry fired at the man and shot him down, 
 the ball striking him in the chin and passing through the breast. I heard noth- 
 ing about furloughs. I spoke to Captain Wirz at the time, after the man was 
 shot, and asked the privilege of taking him from the dead-line. He gave me , 
 permission, telling me to take him and go to hell with him. ' 
 
 Cross-examined by Counsel : 
 
 I picked him up and carried liim back about four rods from the dead-line. 
 He lay down there and died. The men crowded around there so much to see 
 liim, that Captain Wirz ordered the sentinel to fire again. I saw Captain Wirz 
 up in the sentry box. I did not see him before he went to the sentry box. I 
 could not see over the stockade. I saw him at the gate before the man was 
 shot. He drew his revolver and ordered him back. There was some crowd. 
 Captain Wirz went to the sentry box. He gave orders to the sentinel, before he 
 went up, to shoot the Yankee son of a bitch. The sentinel was only a few feet 
 from where the crowd stood. 
 
 September 21, 1865. 
 , Thomas Walsh, for the prosecution : 
 
 I have been in the military service of the United States, in the seventy-fourth 
 New York. I arrived at Andersonville on the 29th February, 1864, and left it 
 about the 20th October. I know the prisoner; I did not see him tlie day I 
 arj ived there ; I think he arrived there some time after I did, at the latter end 
 of March. 
 
 , THE deadline. 
 
 When I arrived at Andersonville the prison was not completed. , There was 
 a portion between the north and south gate on the east side that was not quite 
 finished. After it was finished there was a kind of boundary marked out with 
 sticks put into the ground so as to denote it; afterwards there was some kind 
 of slabs of wood put around, about two and a half feet high, supported at inter- 
 vals at about six, eight, or ten feet, with props. I do not know who directed 
 it to be laid out. We got directions not to go inside that boundary mark, or 
 otherwise the parties doing so would be taken out, bucked and gagged; I do 
 not know who gave that order; I have seen men tak"n out myself by some of 
 the sergeants of the rebel guard ; they were bucked and gagged for stepping , 
 over that line. That was immediately after Captain Wirz came there. After- \ 
 wards the dead-line was established ; it was immediately after Captain Wirz 
 came ther(» that the dead-line was established. The directions to the sergeants 
 who used to call the roll every morning were, that no person should enter the 
 dead-line, as, if he got in there, he would be shot. ^J 
 
374 TKIAL OF HENEY WIEZ. 
 
 THK SUPPLY OF WOOD. 
 
 I think there were altogether about sixteen or seventeen trees in the stockade 
 when I arrived there ; a portion of them were old burned up pine trees ; there 
 were six or seven other trees on the south side which I believe were afterwards 
 cut down and used, with the exception of one or two, in making a sink in the 
 swamp for the accommodation of the men. But the other timber there, tliis 
 blackened pine wood, was cut down by ourselves and" used for firewood. I 
 think the timber was all cleHred out of the stockade m less than a fortnight after 
 1 got there. I think I was in the sixteenth hundred when I arrived. Before 
 Captain Wirz eame there I used to get out to get some pine tops ; when I went 
 out they supposed I was going to sell somethings, a watch or something; whpn 
 I went out the first time I sold the buttons off my coat for soap. We 
 would not be allowed to go out for wood unless we had the privilege; that priv- 
 ilege was withdrawn. I was on the north side, and no man was allowed at any 
 time to go out, even on the south side, unless he paid three dollars in federal 
 money to the guards. On paying that money we could go out and get wood. 
 I know something about the enlargement of the stockade. Before the stockade 
 was enlarged I happened to be over with a friend of mine, a young man named' 
 Kelly ; he was a clerk in the hospital on the south side ; I used to go over to 
 him to get some broken victuals occasionally, little scraps of meat, a little pep- 
 per, and some corn bread, because the food I received myself was entirely insuffi- 
 cient to support nature. I did not hear the prisoner say anything about the 
 enlargement of the stockade, but I heard one of the rebel sergeants say that the 
 stockade was about being enlarged on both ends, north and south ; that is, if it were 
 enlarged on the south side it would bring it down toward the large creek down 
 there. 
 
 STOPPAGE OP RATIONS. 
 
 I kept a diary, while I was there, in a testament. [Witness produces it.] I 
 was a prisoner in Richmond three months previou.<5ly to going to Andersonville, 
 and I kept a short diary in pencil ; a great portion of it is obliterated, but it is 
 readable ; I have got all the dates down. 
 
 Q. Refer to your memorandum of the 26th of March, 1864. 
 
 A. It reads, " Ther-e were no rations served out to-day." This is my memoran- 
 dum which I kept in this testament. On March 27th it reads, " Rations were not 
 served out until three o'clock ; a number is sick, weak, and hungry ; what a sad 
 thing for us all." There were no rations i.^'sued on the 1st of April. On the 2d 
 of April they were issued about five o'clock in the afternoon; I think they con- 
 sisted of meal and of what I considered mule flesh ; about a pint of meal and 
 about two or three ounces of mule flesh. I have a memorandum for the 8th of 
 April, that the " adjutant and Dutch captain were both placed under arrest." 
 I do not see anything about rations under that date. The memorandum for 
 the 19th of April is, " We had no meal to-day, a little molasses and a few grains 
 of rice." There were no rations issued on the 3d of July. On the 4th of July 
 we got rations, but had to throw half of it away, it was so lull of maggots. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I find, for the 27th of April, the memorandum : "There was a man shot in 
 the leg for infringing beyond the boundary." I do not know his name. I do 
 not know whether he died or not. I have down in my memorandum, on Mon- 
 day, the 2d of May, "Our friend, the cavalry fellow, shot." (To counsel for 
 accused:) I entered everything in my testament; it was written down, then and 
 there, on the spot. I recollect the facts. 
 
 Mr. Baker. Then I shall not object. 
 
 I do not know the man's name ; but I knew him well, because he had been 
 
TRIAL OF HENRY WIRZ. 375 
 
 confined with me in the same building in Richmond, and we came on the same 
 train to Andersonville. The man has been mentioned several days here. We 
 used to call him the shaliy man. He was a simpleton almost. Some boxes 
 had arrived from Richmond that had been sent to the prisoners. Some of tlie 
 men very incautiously threw some of the mouldy 'pieces of bread inside the 
 dead-line. It was almost in a line with the street where we had our shanty. 
 This poor man, after the shot liad been fired, I saw lying upon the ground, with 
 his hand stretched out inside the dead-line and part of his head inside tlie dead- 
 line. The blood was oozing from him. He was then dead. It may have been 
 two or three minutes before I got up to him. I did not see Oaptaiti Wirz pres- 
 ent. On the 13th of July a man belonging to the 20th Indiana, 3d army corps, 
 was shot on the dead-line. I suppose he was shot by one of the sentries over- 
 head. After the shot had been fired I ran out ; saw him recover, his piece, and 
 saw the smoke rise. I did not see the man myself, but 1 heard from his friends 
 that he was dead. A man was shot about the 6th of August. I understood 
 that the man had arrived the same day ; that he had gone down to the stocliade 
 to get some water ; that he had put his hand, with his tin cup or vessel, under 
 the dead-line, and was shot. I heaid the shot fired myself from the sentry 
 box. I was on the north side, and had a perfect view down ; 1 could .<=ee the 
 water flowing down tinged with his blood ; the water was not more than three 
 or four inches deep there. I do not know that man's name or regiment. I do 
 not know whether Captain Wirz wSs present or not ; I did not see him. I 
 have often heard three or four shots fired at night and during the day ; but it 
 was impossible for a person, unless he was close, to see when a man was shot. 
 There were twenty-six or twenty-seven thousand people there on the enlarge- 
 ment of the stockade, about the first of July, and I believe there were thirty- 
 five thousand there altogether at one time. One day there was a conversation 
 outside, where I was on parole, about one of the prisoners attempting to get 
 out, or getting into the dead-line, and the guard snapping his gun at him. The 
 reason the guard gave for not shooting was, that he had snapped three or four 
 caps and the piece had not gone off. Wirz said, I believe, that the man ought 
 to be shot himself. I did not see the captain then, for he was outside, but I 
 knew his voice. 
 
 A PKISONEK SHOT BY WIRZ'S ORDER. 
 
 Chickamauga was shot on Sunday, the ]5th May, (Whit-Sunday.) The 
 entry in my memorandum is : " The singular ci ipple shot dead at the stockade." 
 I knew Chickamauga. He was confined in the same building with me in Rich- 
 mond, and came at the same time to Andersonville. 
 
 THE ORDER TO FIRE THE ARTILLERY UPO\ THE PRISONERS. 
 
 I have a memorandum for the ISth of May, in reference to artillery being 
 fired over the stockade; it reads: "General order read that if any attempt be 
 made to break out of the stockade or the gate, the artillery to fire indiscrimi- 
 nately on the stockade." The rebel sergeant of our squad read the order. 
 The order was signed by Captain Wirz ; all the orders were signed by him. 
 
 CANXON FIRED OVER THE STOCKADE. 
 
 On the 28th of May the entry is : "The captain is vigorously looking out 
 for tunnels, and has succeeded." I recollect a shot being fired over the stockade ; 
 it was a shell. I have got the date down here. I recollect it very well ; I 
 think it was shortly before I left. There were some prisoners coming in at the 
 time, and whenever prisoners came in there was a crowd gathered about them. 
 In fact, the place was so packed that I could hardly call it a crowd ; but they 
 got a little closer together. This shot was fired from the battery that over- 
 looked the entire stockade. 
 
376 TRIAL OF HENEY WIRZ. 
 
 TREATMENT OF THE SICK. 
 
 I believe the hospital was removed about the 30th of May. The patients 
 were in a most deplorable state. They were lying on the bare ground in shel- 
 ter tents, with a strip running along, and open at each end. The wind could 
 pass through it. The dead were put out in front of those tents, in view of the 
 dying men themselves. I have known myself, in my own squad, that men were 
 always in dread to go to the hospital, because they were sure to die, and I do 
 not recollect one man that ever went into the hospital who ever came out again, 
 except one man ; his name was Kelly ; he belonged to my squad ; he came out, 
 but was sent back, and he died. 
 
 THREATS OF WIRZ. 
 
 f — 
 
 / I never saw the prisoner strike or maltreat any one. I have heard him 
 threaten to shoot men for falling out of the ranks. The titue he came there 
 when our rations were first stopped he ordered us all into line and said we were 
 to remain there until he had counted the entire stockade. I think there were 
 about seven or eight thousand men there at the time. It was very warm, and 
 it was almost impossible, from the weakness of the men, for them to stand until 
 he had counted them all. Some of the squad — and I was one myself — went back 
 10 their shanties, when Captain Wirz came rushing back with a revolver in his 
 hand and said : " May God Almighty damn me forever and ever if I don't 
 shoot the iirst man who attempts to leave the ranks." On these occasions there 
 were two sentries in each sentry-box, and directions were given that we should 
 not leave the ranks until the second sentry went down. I have myself, even in 
 [ defiance of those orders, gone into my shanty, not being able to stand the heat. 
 
 Upon the meeting of the cuurt on the 22d of September the judge advocate 
 stated that he had received a note from Mr. Baker, one of the counsel for the 
 prisoner, stating that he (Mr. B.) was too sick to be in attendance to-day. In 
 his absence Mr. Schade would conduct the defence ; but in accordance with the 
 request of the counsel, the witness Walsh would be retained to be cross-exam- 
 ined by Mr. Baker. 
 
 medical testimony. 
 
 September 22, 1865. 
 
 Dr. G. S. Hopkins, for the prosecution : 
 
 1 reside in Thomasville, Georgia, about one hundred or one hundred and ten 
 miles from Andersonville. I have resided in the south during the rebellion. I 
 was at Andersonville during the summer of 1864. In July, 1864, an order was 
 issued by the governor of the State (.f Georgia putting the physicians into the 
 militia service. He claimed that they were liable to the militia service, though 
 exempt by confederate law. I went to Macon then and had ray choice either to 
 go into the medical department or to go into the trenches. I did not feel able 
 to shoulder the musket. I was assigned to duty at Andersonville, and ordered 
 to report to Chief Surgeon White on the 22d of July, 1864. I remained there 
 until September 8, when I was ordered to report to the commanding officer at 
 Cfimp Lawton, the new prison at xVIillen. I graduated as a physician in March, 
 1845. 
 
 DB. HOPKINS'S RI'.PORT OP THE CONDITION OF THE HOSPITAL AND PRISON ; THE 
 CAUSHS OK DISEASE, AND THE CHANGES NECESSARY TO SECURE THE HEALTH 
 OF THE PRISONERS. 
 
 On or about the 28th of July, 1864, I was sent for by General Winder to 
 com^ to his headquarters. I there received ordws to make a thorough inspec- 
 tion of the federal prison and hospital at that place, and report, if I possibly 
 
TRIAL, OF HENRY WIRZ. 377 
 
 could, the causes of disease and mortality among the federal prisoners, and to 
 ' make such suggestions as I deemed necessary to prevent further sickness and 
 mortality. Chief Surgeon White and Acting Assistant Surgeon Watkins were 
 on the committee with me under this order. On the 29ih of July we made a 
 thorough inspection of the prison and hospital in obedience to that order. I 
 have my report here. 
 
 (A paper being exhibited to witness.) 
 
 This is the report made by Dr. Watkins and myself. I can explain why the 
 name of Chief Surgeon White is not attached to it. This is the substance of 
 the report. I have not thg' original with me. If there is any difference at all 
 hetween them it is only in a few words, which do not alter the meaning". 
 
 The paper which was exhibited to witness, of which the following is a copy, 
 was offered in evidence, and is attached, to this record : 
 
 Andersonville, Georgia, August 1, 1864. "^ 
 
 General : In obedience to your order of July 28 requiring us to make a careful examina- 
 tion of the federal prison and hospital at this place, and to ascertain and report to you the 
 cause of disease and mortality among tbe prisoners, and the means necessary to prevent the 
 same, this has been complied with, and we respectfully submit the following : 
 
 CACSE OF DISEASE AND MORTALITY. 
 
 1. The large number of prisoners crowded together. 
 
 2. The entire absence of all vegetables as diet, so necessary as a preventive of scurvy. 
 
 3. The wan*' of barracks to shelter the prisoners from sun and rain. 
 
 4. The inadequate supply of wood and good water. 
 
 5. Badly cooked food. 
 
 6. The filthy conditjon of prisoners and prison generally. 
 
 7. The morbific emanations from the branch or ravine passing through the prison, the con- 
 dition of which cannot be better explained than by naming it a morass of human excrement 
 and mud. 
 
 preventive measures. 
 
 ]. The removal immediately from the prison of not less than 15,000 prisoners. 
 
 2 Detail on parole a sutfident number of prisoners to cultivate the necessary supply of 
 vegetables, and. until this can be canied into practical operation, the appointment of agents 
 along the different lines of railroad to purchase and forward a supply. 
 
 3. The immediate erection of barracks to shelter the prisoners. 
 
 4. To furnish the necessary quantity of wood, and have wells dug to supply the deficiency 
 of water. 
 
 .5. Divide the prisoners into squads, place each squad under the charge of a sergeant, fur- 
 nish the necessary quantity of soap, and hold these sergeants responsible for the personal 
 cleanliness of his squad; furnish the prisoners with clothing at the expense of the confede 
 rate government; and if that government be unable to do so, candidly admit our inability and 
 call upon the federal government to furnish them. 
 
 6. By a daily inspection of bake-house and baking. 
 
 If. Cover over with sand from the hillsides the entire "morass" not less than six inches 
 deep, board the stream or water-course and confine the men to the use of the sinks, and make 
 the penalty for disobedience of such orders severe. 
 
 FOR THE HOSPITAL. 
 
 We recommend — 
 
 1st. The tents be floored with planks ; if plank cannot be had, with puncheons ; and if this 
 be Impossible, then with fine straw, to be frequently changed. 
 
 2d. We find an inadequate supply of stool-boxes, and recommend that the number be in- 
 creased, and that the nurses be required to remove them as soon as used, and before return- 
 ing them see that they are well washed and limed. 
 
 3d. The diet for the sick is not such as they should have, and we recommend that they be 
 supplied with the necessary quantity of beef soup with vegetables. 
 
 4th. We also recommend that the surgeons be required to visit the hospitals not less than 
 twice a day. 
 
 We caunot too strongly recommend the necessity for the appointment of an efiicient medi- 
 cal officer to the exclusive duty of inspecting daily the prison hospital and bakery, requiring 
 of him daily reports of their condition to headquarters. \ 
 
 We have the honor to remain, general, very respectfully, 
 
 T. S. HOPKINS, 
 Acting Assistant Surgeon, _ 
 
 Biigadier GeneralJoHN H. Winder. '~^ 
 
 Indorsement: Inspection report of Andersonville prison, July, 1864. 
 
378 TRIAL OF HENRY WIRZ. 
 
 The name of H. E. Watkins, acting assistant surgeon, is also attaclierl to tliia 
 report. I submitted the report to Chief Surgeon White. I waited two day?, 
 sui posing that he would hand in his report. As that did not make its appearance 1 
 called on him at his headquarters. He asked me " if I had written out my 
 report." I told him that I was waiting for him, but that I had written out some 
 suggestions. I read them. He approved them, saying I had written the truth. 
 He told me to take my report to the Sumter hospital, have it copied, getting Dr. 
 Waikins to sign it with me, and then send it to his headquarters, and he would 
 send it to General Winder. I did so. Several days elapsed. I heard nothing 
 of the report until the field oiScer, Colonel Harkey, of the fifty-fifth Georgia, who 
 was messing with ms, told a gentleman in my presence that two medical reports 
 had been submitted to him and other officers for inspection to report upon them. 
 I asked him if he had mine. He said he had. They were to decide, I think, 
 which report was to be received. The chief surgeon did not sign our report, but 
 made another one. His report was rather different; he did not make altogether 
 the same recommendations that I did. When I read hitn my report he approved 
 it, and told me that he would sign it if I had it copied and sent to him. I did 
 have it copied, and sent it up immediately. I know that he did not sign it, be- 
 cause I saw the report afterward, and I saw his report, which was different. I 
 was assigned to the engineer department. The engineer officer in charge told 
 me that he had from 1,000 to 1,200 negro men on the works. I was the surgeon 
 assigned to that department. None of my cases died, except one man, who 
 went away and died after he got home. Those men were under my charge from 
 July 22, 1864, till, I think, the 8th of September, when I left, having been 
 ordered to Millen. I went down with a portion of them. I had a conversation 
 with Mrs. Winder, at which General Winder and Captain Wirz were present. 
 Sli6 was speaking in relation to matters about the prison. I mentioned to her 
 the condition which I heard it was in, particularly the branch or ravine to which 
 I referred in my report. The general overheard the conversation, turned round 
 and asked me what I was talking about. I told hira. He said th.it that place 
 had been filled up ; that it had been attended to. He then referred the matter 
 to Captain Wirz, who, I think, was near by, and to the best of my knowledge 
 and belief the captain told him that the work had been done. I did not find 
 it had been done at that time. It was prior to my report. It was my belief 
 that Captain Wirz told him at that time that it was filled up. I doubt if the 
 general ever went into the prison at all to see what was going on. He had the 
 most explicit confidence in Captain Wirz. I was led to believe so from conver- 
 sations which I had with him, and from the fact I have just related. I do not 
 know whether anything was ever done to carry out the suggestions made in my 
 report, unless that may be involved in an order which tbfe general sent me in 
 the month of August, to endeavor to procure labor to build a new stockade at 
 Millen. I am not aware, of my own knowledge, that these suggestions were 
 carried out ; not at all. (A paper being exhibited to witness ;) that is the 
 order given me by General Winder. 
 
 Tlie paper just exhibited to witness, of which the following is a copy, was 
 offered in evidence, and is attached to this record : 
 
 Camp Sumter, Anderson, Georgia, 
 
 August 14, 1864. 
 Sra : You will proceed at once to Millen, Georgia, the site of the new prison about to be erected. 
 You will deliver to the officer in charge the letter of instructions and the copy of a telegram 
 from the war department, giving him certain authority to proceed at once and procure the 
 labor* &c. You will advise with him, especially in reference to the procurement of labor, act 
 under his instructions and the orders you have from these headquarters. 
 
 You will visit such counties as have bcome the homes of planters from Florida and Georgia 
 with their slaves, and in which you have reason to believe you can hire negroes. I desire 
 to avoid impressment, but the work must be hurried to completion. 
 Very respectfully, your obedient servant, 
 
 JOHN H. WINDER, Brigadier General. 
 Lieutenant R. S. Hopkins, Camp Sumter, 
 
TRIAL OF HENRY WIRZ. 379 
 
 I was not at any time on duty as a surgeon in the hospital or prison at An- 
 dersonville. The report made by me was the result of my personal examination. 
 
 Cross-examined by Oohnsel : 
 
 Wy conversation with General Winder, Mrs. General Winder, and Captain 
 Wirz, was previous to my report. I mean previous to this order. It occurred 
 at the quartermaster's store, near the railroad depot at AndersonviJle. When I 
 spoke of a marsh or swamp filled up, I alluded to the creek or branch passing 
 through the stockade. The trees had all been cut from it, and when I saw it 
 in making my inspection it was in just the condition I have described. I made 
 that inspection some few days after that conversation. I never entered the 
 prison again after my report was made. I entered it but once, and that was the 
 day on which I made my inspection. I do not know whether anything was 
 afterwards done. I remained at the post some time after. It strikes me that I 
 saw the captain at the gate when I was coming out of the prison. I will not 
 be positive as to that. The order for me to make the inspection was issued, 
 according to my recollection, on the 28th, and I made the inspection, I believe, 
 on the 29th ; I would not be positive as to the date. I applied to Captain 
 Wirz's headquarters for permission to go in ; I could not go in without a pass 
 from his headquarters. I experienced no difficulty in obtaining that pass. 
 Captain Wirz threw no obstacle at all in the way of my examination of the 
 affairs of the prison. — , 
 
 Q. Did you find, by your examination, that Captain Wirz was in any degree' \ 
 the cause of the ills complained of — the overcrowding of the prisoners, &c. ? 
 
 A. I do not know at whose door the fault lay; but the facts were evident. 
 Captain Wirz's sign at his office designated him as the "commandant of the in- 
 terior of the prison." I could not see any great difficulty in carrying out those 
 suggestions 1 made. 1 think I could have had it done without much trouble. 
 I cannot say if Captain Wirz was responsible for the overcrowded condition of 
 the prison; I don't know who was responsible for it. 
 
 Q. In your opinion was Captain Wirz responsible for the evils existing when 
 you made your report? Did you discover anything which led you to believe 
 that he was in any degree guilty in that respect? 
 
 A. If I am compelled to answer that question, I must state, unhesitatingly, 
 that it was the implicit confidence which General Winder had in Captain Wirz 
 that caused that state of things to exist; otherwise, the' general would certainly 
 have visited the prison, and seen for himself its condition. General Winder did 
 not visit the prison while I was there, that I ever knew of. I never heard of his 
 going to the prison. He might have gone there without my knowledge ; I cunzy 
 not say that he did not visit the prison. 
 
 the facilities foe suppi^ying andersonville with rations. 
 
 September 22, 1865. 
 
 TJ. B. Harrold, for the prosecution : 
 
 I reside at Americus, Georgia For the last three years I have been purchasing 
 and shipping supplies foi; the commissary department of the rebel governm nt;, 
 for a district embracing from four to six counties in southwestern Georgia, one 
 of the counties being that in which Ander?onville is located. I was ordered at 
 all times to hold all supplies which I had at Americus, after May or June, I 
 think, subject, first, to Andersonville in case they should get out of provisions 
 there at any time. My provisions were rather reserved for Andersonvillej to 
 to be called on in case of an emergency. I frequently had to ship provisions 
 there very hurriedly ; they would send cars down on the railroad for provisions. 
 I was ten miles distant. Such provisions as I had there, bacon and meal, 
 
380 TRIAL OF HENEY WIEZ 
 
 I don't think tliey were ever out of at Andersonville ; I think they always had 
 them. I don't think I was ever called on for provisions that I did not furnish, 
 with the except oil of meal. In the early part of 1864 they depended on my ' 
 arrangements for meal altogether. Daring the first two or three mouths of the 
 prison, say February, March and April, before the crowded condition of the 
 prison, the orders were to issue five days' rations at a time, on requisition. I 
 kept up very well until they began to crowd the prisoners in, and then I could 
 not furnish sufficient meal, and other arrangements were made. The meal was 
 afterwards obtained in large quantities from the Palace mills, in Columbus, which 
 is about one hundred miles from Andersonville. 1 sent whiskey to Anderson- 
 ville from time to time, as I was called on by the post commissary. I sent pi-ob- 
 ably about fifty barrels altogether; my reports, which you hav6, will show the 
 amount to some extent, though not entirely, because some of the reports are 
 missing; bat I suppose there were fifty barrels altogether during the year 1864. 
 We had no whiskey in our department after 1864 ; the contract ran out. But 
 all that we had at Americus, with the exception of twenty barrels, was sent to 
 Andersonville. We had at all times at Americus, I think, as much as we could 
 ship of bread — that is, corn-meal ; but bacon was more difficult to get ; we were 
 a great deal harder pushed for it. Such supplies as flour, and things of that kind, 
 we got in very limited quantities. Orders were received from my district com- 
 missary to hold all flour, syrup, rice, and some few other articles of that kind, 
 exclusively for the Andersonville prison and the confederate hospital at Americus. 
 Those were the peremptory orders from Major Allen, the district commissary at 
 Columbus. Freight trains were passing every day. On some days it was 
 difficult to get transportation, so that cars had to be sent fi-om Andersonville on 
 purpose to bring provisions. In one or two instances the construction train was 
 stopped to haul provisions to Andersonville. There never was a time when 
 there need to have been sufi'ering at Andersonville because of the inability to get 
 supplies there, so far as corn-bread and meal were concerned, 1 think they 
 always had those. There was no diificulty with regard to transportation. At 
 all times I think they could have procured transportation, and did procure it. 
 
 THE CONDITIO.W OF THE PRISONERS GENERALLY KNOWN IN THE SOUTH. 
 
 Q. What do you know in regard to the notoriety given throughout Georgia to 
 the suiferings at Andersonville, through the newspapers or by common report? 
 
 A. I think it was a matter that was generally canvassed among the people 
 in private circles ; I don't think much publicity was ever given to it through the 
 papers. I have seen articles occasionally. If I am not mistaken I liave seen 
 articles in a paper published at Columbus, the Columbus Sun ; but I am not cer- 
 tain. I have seen considerable in other southern papers, some mention of the 
 troubles at Andersonville ; but I don't think the subject was generally discussed 
 in the papers ; some letter-writers would occasionally write articles about the 
 prisoners. But it was generally known, 1 think, through the country — was fre- 
 U^uenlly talked about everywhere. 
 
 THE FACILITIES FOR SUPPLYING ANUERSONVILLE WITH RATIONS. 
 
 Cross-examined by. Counsel : 
 The quality or character of the rations which were sent down there were just 
 exactly the same as were sent to the confederate army. The same provisions 
 were furnished to Andersonville that were furnished to the army, and the same 
 were furnished there as were furnished to the hospital. The meal 1 sent in the 
 beginning was unbolted ; it was ground at small country mills where they had 
 no bolting cloths. From the beginning of the building of the stockade, in Janu- 
 ary, 1864, T sent meal for about six months, unbolted. Bat I did not send all 
 the meal that was sent there dariug that time, because my supplies would not 
 
TKIAL OP HENRY WIRZ 381 
 
 begin to supply all the meal that was required. All that I sent was unbolted. 
 Our meal in that country is unground, and then sifted when you go to make 
 bread — -sifted at home and not bolted at the mills. 
 
 By the Court : 
 
 I spoke of a large quantity having been ground at the Palace mills at Colum- 
 bus, very large mills, the largest in the State. I cannot say positively whether 
 they had there the means for bolting. 
 
 medical testimony treatment op the sick. 
 
 September 22, 1865. 
 Dr. G. L. B. Rice for the prosecution : 
 
 I was on duty at Andersonville from about August 1, 1864, until ~March 
 10, 1865, I think. I was ordered to report to Dr. White, and he assigned 
 me to duty at the stockade to aitend to the sick prisoners. We prescribed 
 outside the stockade ; I have forgotten the length of time ; it was three or 
 four weeks, more or less ; after that I was sent to the hospital ; a few days 
 after I got there I was ordered to go into the stockade and report as oflScer- 
 of-the-day. I did so, and 1 found the stockade in a deplorable condition. 
 I saw a great deal of suffering, filth, and everything that was bad and un- 
 pleasant. We prescribed by formulas or numbers. I commenced prescribing 
 as I had been in the habit of doing at home ; but I was informed that I would 
 not be allowed to do that that they had not the medicines. I was handed a li.«t 
 of the medicines that we bad to use ; they were in formulas and numbers from one 
 up to a certain point — I have forgotten what ; we had to use those; it was a new 
 thing to me; I was not accustomed to it, and my opinion was that we could do very 
 little good with that kind of prescription ; I regarded that as a very unsafe method 
 of practice. On some of those formulas which I had, the ingredients, I think, were 
 put down ; I know that thfey were toward the last ; I did not analyze any of those 
 potions to ascertain whether the report made on the label was true ; I had to take 
 their word for it. I complained of that method of practice among the surgeons. 
 I asked them if there was no chance to do better. They said there was not ; 
 that some of them had gone to the chief surgeon and complained, and they said 
 there was no other chance, and I concluded that if they could not do any better, 
 as I was one of Joe Brown's crew, who were looked upon as being small fish 
 there, I could do no better of course, and I did not make the attempt. I mean 
 by Joe Brown's crew. Governor Brown. When he ordered out the militia, it 
 was said that made us subject to him. I was brought into his proclamation ; I 
 suppose so ; they told me so. I knew a great many to die there who I believe 
 died from hunger and starvation and from cold and exposure. I think it was 
 the 10th of March, 1865, when I left the prison. The rigors of the prison did 
 not cease or lighten during the winter ; the prisoners were exposed more or less 
 all that time. If all the surgeons had been sent away, and if the prisoners had 
 got the vegetables which they should have had, and more room, a great many 
 more men could have been saved. They needed the right kind of diet more 
 than medicine. They needed also a/dditional room, I made verbal suggestions 
 to Dr. Stevenson in relation to the wood of the stockade — that it was entirely 
 inadequate — and the great necessity for having a larger supply of vegetables 
 for the stockade and hospital. I mentioned to him one day that I had a good 
 many vegetables at home — more than we needed — that they were rotting, and 
 that if he would allow me to go home for a few days, I would bring those veg- 
 etables down for the prisoners without any charge ; or if he could not do that 
 he could send some man to get them ; that they were all going to waste and 
 doing nobody any good, and that, if they were brought to the prison and used 
 properly, they might save some men,'8 lives. He observed that he would like 
 to have them, and turned oflf and said no more about it. They were not sent for. 
 
382 TRIAL OP HENRY WIRZ. 
 
 THE HOSPITAL FUND. 
 
 Q. Do you know anything about the investigatioo of the conduct of Dr. 
 Stevenson ? 
 
 A. I was there when a couple of surgeons came on. He was tried for mak- 
 ing away with the money that was sent there for the use of the hospital, so I 
 heard. That was the understanding. There was an investigation had. I 
 think he was found guilty. I was called into the room where they were carry- 
 ing on the investigation, and was asked a few questions by the committee. I 
 do not know the amount of money Dr. Stevenson embezaled. I heard it was 
 from $100,000 to $150,000. I don't know whether it was so or not. 
 
 MEN BITTEN BY THE DOGS. 
 
 I saw the hounds at Andersonville almost every day. I know that at one 
 time when I was living in a little tent I lost my pocket-book ; the hounds were 
 brought and put on the track ; that was a few days after I got there. I saw 
 them there nearly every day after that. I one day saw a man who was torn 
 by them ; I forget the date ; I have no idea of the time. He was knocked up 
 very badly. His skin was not torn, but you could see the blue marks of the 
 prints- of the dogs' teeth. I happened to be passing Captain Wirz's headquar- 
 ters about the time they brought the man up, and I asked some one what was 
 the matter with him. He could hardly walk, and seemed to be bent over from 
 the effects of scurvy, I presumed. I soon found that he had made his escape 
 the night previous, and had been brought in by this man who had the dogs — 
 had been caught by them I saw the marks of teeth on the man's flesh. I 
 have no idea what month that was. The man was nearly naked ; he had 
 nothing on but a shirt, I think. They told me that his clothes had been 
 torn off by the dogs ; that he attempted to climb a tree and that the dogs pulled 
 him down. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I saw two dead bodies there during the time I was there on duty — one in 
 the stockade and one in the hospital. The one in the hospital was shot through 
 the breast. I walked in there one morning to attend to my duties, and I heard 
 that a man had been shot that night by the sentry. I walked around to where 
 he was and inquired of some prisoners how it happened, and they told me that 
 he was a poor crippled man, (I think he had crutches lying by him,) who had 
 walked up near the paling aild the sentry had shot him. 'That case was in the 
 hospital. I saw the other in the stockade near the south gate. I do not know 
 how the entry was made in those cases in the hospital register. 
 
 TREATMENT OF THE SICK. 
 
 Cross-examined by Counsel : 
 
 The bad condition of the hospital and stockade continued all th« time until 
 I left, which was, I think, the lOth of March, 1865. I saw a great many die 
 in the hospital from starvation, as well as in the stockade. I don't know Whether 
 Captain Wirz had anything to do with the rations in the hospital. I know- 
 that Jhe chief surgeon had something to do with the rations. I did not speak 
 with Dr. Stevenson again after I had told him once about the vegetables at my 
 house. I never spoke of that matter to him any more. I frequently spoke to 
 him. I several times told him about other things that they needed — straw, 
 bunks, &c., to keep them from lying on the ground. Most of my patients in 
 
TRIAL OF HENRY WIRZ. , 383 
 
 the hospital were lying on the ground. Captain Wirz was there all the time I 
 was at Andersonville. I did not have frequent opportunities to meet him. I 
 could have seen him an^' day. A portion of the time he was sicis and at his 
 house, and I did not see him then for several weeks. He never interfered with 
 my professional dnties that I remember. 
 
 Q. Do you think he was responsible for the state of afiFairs in the stockade ? 
 
 (Question objected to by the judge advocate and withdrawn.) 
 
 MEN BITTEN BY THE DOGS. 
 
 The hounds which I saw there were the common hounds used in that coun- 
 try for running wild animals, and some men use them for running negroes — 
 train them for that purpose. 
 
 SHOOTI.\G Ot PKISONERS BY THE GUARDS. 
 
 Id the cases of the dead bodies I saw the men were said to have been shot 
 by the sentinels. I did not see them shot. I saw the bullet hole through the 
 paling in the case of this man in the hospital. I examined that hole in the 
 paling and I have reason to believe that that ball was fired from the outside. 
 
 tkeatment of officers who were prisoners at aimdebsonville. 
 
 September, 22, 1865. 
 Captain Wilson French, for the prosecution : -^ 
 
 I was lately a captain of the seventeenth Connecticut volunteers. I was 
 captured February 5, 1866, in the southern part of Florida, and was taken to 
 Andersonville, arriving there about the middle of February, 1865. I was con- 
 fined in Castle Eeed with sixty-four other officers. It was a short distance from 
 the stockade. It was not within the main stockade ; it was a building formerly 
 used for a guard-house, as I understood. The quality of the rations served out 
 was very poor, and the quantity was not sufficient to sustain life. The rations 
 for an officer for one day were less than two-thirds of a pint of corn-meal, about 
 the same quantity of peas, and from two to three ounces of salt meat after the 
 bone was taken out, and perhaps a half a gill of sorghum. That composed, a 
 day's rations. When the meal was sifted there was less than half a pint of 
 it, and less than half a pint of peas after the dirt was taken out. We did not 
 pretend to take out the wormy ones — we cooked those ; we merely took out the 
 dirt and gravel. Had we not been allowed to buy provisions we would have 
 starved there. We were allowed to buy provisions. We never had any diffi- 
 culty in getting vegetables ; we used to buy almost anything that we wanted 
 of the sergeant who called the roll mornings and nights. His name was Smith, 
 I think ; he was Captain Wirz's chief sergeant; we were divided into messes, 
 eight in each mess ; my mess used to buy from two to four bushels of sweet 
 potatoes a week, at the rate of fifteen dollars confederate money per bushel. 
 Turjiips we bought at twenty dollars a bushel. We had to buy our own soap 
 for washing our persons and clothing ; we bought meat and eggs and biscuit. 
 There seemed to. be an abundance of those things. They wore in the market 
 constantly. That sergeant used to come down with a wagon-load of potatoes 
 at a time, bringing twenty or twenty-five bushels at a load sometimes. I mean 
 to say that if we had not had the privilege of buying what we needed, we 
 should have starved. The quantity and quality of rations furnished us were 
 not sufficient to sustain life, in my opinion. 
 
 Cross-examined by Counsel : 
 I remained at Andersonville about five weeks. Onr quartei's were very poor. 
 The building in which we were confined was about sixty leet long, and twenty- 
 
384 TRIAL OF HENRY WIRZ. 
 
 five feet wide, and there were sixty-four officers confined in it ; so you can im- 
 agine that we were pretty closely packed together. We had to do our own 
 cooking in the building, and when first I went there we were not allowed to go 
 outside unless to go to the sink. We had no yard to go into at all. We did 
 not see many of the confederate officers except the sergeant. He threatened 
 sometimes to put us in the stocks. They were giving us from thirteen to fif- 
 teen dollars in confederate money to one in greenbacks, and the latter part of 
 the time they gave us twenty dollars for one. A bushel of vegetables, for 
 which was paid twenty dollars, could have been purchased for a one-dollar 
 "greenback" — for less than a one-dollar greenback. According to my observa 
 tion, produce raised in the southern States was cheaper than that of the north, 
 considering the price of gold. 
 
 TREATMENT OP THE DEAD. 
 
 September 22, 1S65. 
 J. R. Griffin, for the prosecution: 
 
 The first portion of the past year I was an officer in the confederate service, 
 colonel of the 8th Georgia cavalry, army of northern Virginia. For the past 
 four months I have had an interest in trying to improve and beautify the An- 
 dersonville graveyard; that is, I have aided a brothBr of mine in trying to im- 
 prove it. About the 20th of May last, being somewhat disabled, I went down 
 for the purpose of observing matters at Andersonville. I heard that there had 
 been a great deal of distress there ; that was the reason I went there. I was 
 ordered by General Wilson to go there to look after the prison. I arrived there 
 about the 20th of May, 1865. I arrived under orders from General Wilson to 
 protect the property there, to improve the graveyard, and to cover bodies that 
 had been somewhat exposed, which I did. I found the graveyard in rather a 
 bad condition. It had been disturbed by cows, and part of the graves torn up 
 to some extent, which I had covered. Two of the bodies were exposed ; the 
 bodies were placed in lines, and the dirt having been in some instances taken 
 off them in part, the graves were somewhat offensive; that is, of the last bodies 
 buried. No measiires had been taken by the rebel government to care for that 
 graveyard that 1 know of. 
 
 Cross-examined by Counsel: ~ 
 
 I saw no reason at all to believe that the uncovering of those bodies was in- 
 tentional ; it was from want of care. There was no person there to take carp of 
 the graveyard. That was three or four weeks, probably, after the Andersonville 
 prison had been broken up. - ' 
 
 September 22, 1865. 
 
 J. Everett Alden, for the prosecution : 
 
 I was formerly orderly sergeant of company T, 4th Vermont volunteers. I 
 was captured on the 23d of June and taken to Petersburg ; thence to Rich- 
 mond, there confined at Libby three or four days, and from there was taken to 
 Andersonville. I arrived there July 12, 1864. We were immediately marched 
 to Captain Wirz's headquarters, and there we were counted ofif into nineties, 
 three of which, 270 men, constituted a detachment. 
 
 condition of the prisoners i\ the stockade. 
 
 My detachment was No. 107. I. think there were from 29,000 to 30,000 men 
 there at that time. The condition of the men was very bad ; some that I saw 
 were nearly naked ; some had but a pair of government drawers, and they were 
 60 emaciated, so reduced in flesh, that their bones nearly pierced their skin. 
 
TRIAL OF HENKY WIEZ. 385 
 
 Almost every morning when I went to the creek after water I would see from 
 one to four dead bodies lying on the banks of the creek entirely naked, stripped 
 of their clothing, as the other prisone/s. As soon as a man died they would 
 take the opportunity to appropriate hia clothing, as they needed it. I should 
 think the men whom I saw lying there were meta who had died from starvation ; j 
 they were very poor in flesh. 
 
 THE SUPPLY OF WOOD. 
 
 The detachment which I was in never drew any wood from the time we went 
 there till some time towards the last of August, a period of from four to six weeks, 
 I should think. We had some cooked rations during that time. Some of the 
 detachments drew a small piece of wood ; the wood was issued to the detach- 
 ment. It was then subdivided among the nineties, and then again subdivided 
 in small pieces among messes of thirty men each. The wood being divided 
 into thirty pieces, the sergeant having charge of the thirty would distribute it 
 among the men so that no one could find fault with the quantity which each 
 got. The piece for each man was in thickness and length about the size of my 
 arm, and it was to last for three days. Men who drew wood would cook their 
 rations, and as soon as they got through others would use the coals, and by 
 blowing them they could partly cook the meal which was issued to them and 
 could warm the meat. I have seen men digging for roots (vith which to cook 
 thtir rations ; it was a common thing ; they mostly dug for them in the swamp 
 on each side of the creek, the north side more particularly, as that was the 
 wider. When it rained' the matter from the camps would wash down into the 
 swamp, and it was filled with maggots. They must have been from fifteen to 
 twenty inches deep. The men were obliged to go down there and dig in that 
 s.wamp to get roots, which they would dry in the sun. 
 
 TREATMENT OF THE SICK. 
 
 I know something as to how sick men were treated by the doctors. It was 
 my duty at seven o'clock each morning to call the sick, and immediately after 
 roll-call to have them all fall in and march up to sick-call at the south gate. 
 Sometimes three or four thousand prisoners would collect around this gate to 
 gain admission outside. There was a very small space to pass through at the 
 gate, and when there were so many prisoners there, over 30,000, two sentinels 
 were ordered to prevent the crowd from getting close to the gate near the dead- 
 line, and those who went otrt were admitted in one rank ; each sergeant would 
 call his men and march them out through the .gate. When they got outside 
 there were fifteen to twenty doctors in stalls ; each doctor attended to a certain , 
 number of detachments. I have taken men out to the stall of a doctor named 
 Williams, I think, and I have seen men crawl up there on their hands and 
 knees with just life enough in- them to get to the stall and plead to be either 
 taken out to the hospital or to have proper" medicine given them, something by 
 which they would be relieved of their distress. Those men the doctor would 
 order to be taken back into the stockade, as they could probably live till to- 
 morrow. He would say, "Take him back into the stockade; he will live until 
 to-morrow." 
 
 SHOOTIXG OF PRISONERS BY THE GUARDS. 
 
 I have a memorandum, which I made at the time, of the number of men shot 
 by sentinels while I was there; I remember the number aside from the memo- 
 randum ; there were seven ; I can state the particulars without reference to the 
 memorandum as to the shooting of two of them; I do not think I can as to all 
 
 Vr V.TT Tine.. 23 25 
 
386 TRIAL OF HENRY WIRZ. 
 
 tbe rest. On July 22, 1864, there was a man killed; I do not know his name 
 or his regiment ; he was shot through the groin; he was not killed instantly; 
 he was taken outside to the hospital ; the guard shot him ; he was over tbe 
 dead-line; he was a sergeant, and he was anxious to get outside with his men, 
 as he had some who were very badly off; he wanted to be the first to get out- 
 side to the door, and he crowded up ; the sentinel repeatedly told him to keep 
 back ; a sergeant came up to the gate, with whom he was acquainted, and he 
 motioned to him if he could come out ; the sergeant beckoned to him to come 
 out, but the guard did not notice it; the man crowded past, and the guard 
 raised his gun ; he could not lift it high enough to shoot him through the body, 
 but he shot him through the groin ; I did not see the man afterwards; he was 
 a sergeant in charge of a squad ; I do not know his name or regiment ; I must 
 have been some eight feet from him. Captain Wirz was not present at that time; 
 at least I did not see him. The next instance was July 26th ; I cannot tell 
 where that man was shot; he was shot inside the stockade by a sentinel. On 
 the 4th of August two men were shot; I do not know where they were shot; 
 I do not know their names ; they were shot inside the stockade. The next 
 instance of shooting was on the 6th of August ; I do not know who the man 
 was who was then shot ; I do not know whether any of the others, except the 
 first one I have mentioned, died; I merely made a' memorandum at the time the 
 event occurred. The next instance was on the 25th of August; I saw that 
 man ; the camp was all quiet; it was in the evening, a very bright, moonshiny 
 night, between the hours of ten and twelve; I heard a musket fired; I spoke 
 to the man lying alongside of me, and said there is a man shot, and I am going 
 to see who it is ; I arose, and when I got three or four rods, several others joined me 
 and we moved toward the dead-line ; I was about a hundred yards from the 
 dead-line at that time, and was looking towards the sentinel; he raised his gun 
 and shot again; that was the second shot at the same man, I suppose; as I 
 got down where I could see a third shot was fired ; the man was inside the 
 dead-line, up close to it, and the words he used were, " See if you can kill me 
 now;" I should think, by the conversation, that the officer of the guard was in 
 the sentry-box ; the man was shot through the head, the ball passing lengthwise 
 of his body; I inquired, round there who the man was, and they said he was a 
 man who was tired of living, and wanted the sentinel to shoot him ; I think he 
 was shot in the leg by the first discharge ; the last ball proved fatal. The man 
 died in the course often minutes; I do not know his name or regiment; it was 
 in the north end of the stockade. The creek does not run exactly in the centre 
 of the camp. It was in the larger part of the stockade towards the end — about 
 the middle of the stockade. I find also that one man was shot on the 5th of 
 September; I do not know any of the circumstances. On January 1, 1865, I 
 saw a man shot ; I saw him after he was dead; he was struck in the head; the 
 sentinel that shot him was near the south gate ; 1 knpwthe circumstances of the 
 shooting; it was the last time I was put in the stockade; I left there in Sep- 
 tember and went in there again towards the last of December. There were 
 boards piled up near the dead-line in the stockade, and men who were destitute 
 of anything to lie iipon thought that if they could get those boards they would 
 make a floor to keep them from lying on the ground ; after it was dark several made 
 attempts to get them, and were successful. This man did not prove quite as 
 much so as the rest ; he had hold of the end of a board and was dragging at it. It 
 was a very cold night, about ten or eleven o'clock ; the sentry had gone down 
 from his box to warm himself by the fire, and the fellow took the opportunity 
 to get the board, but in doing so he made somewhat of a noise, which alarmed 
 the sentinel, who crept up to a crack and saw the man getting the board, and 
 then he slyly went up stairs and shot the man without any warning. I should 
 think the boards were within ten or fifteen feet of the stockade ; five feet from 
 
TRIAL OP HENEY WIEZ. 387 
 
 the dead-line, perhaps ; I do not think the dead-line was over twenty feet 
 from the stockade. 
 
 ACTS OF CRUELTY COMMITTPD BY WIEZ. 
 
 I have seen acts of cruelty committed by Captain Wirz. Last September 
 the hundred to which I belongejd were ordered to get ready and march out of 
 the stockade. As we marched out — ^it was at night, and there were iires on 
 each side of the gate, so that they could^ee to count the men off as they passed 
 out — a large fellow, named, I think, Williams, a rebel sergeant, had a large 
 stick, or club, in his hand. Captain Wirz was outside of the gate, and this 
 Williams got the men in four ranks, so that they could be counted, while an- 
 other man counted them at the gate. The men were so impatient to get outside 
 the stockade that they crowded down as near the gate as they could get, and a 
 great many wiio did not belong in the hundreds flanked out. At last Captain 
 Wirz became very much enraged because the men crowded down on him, and 
 did not give him a chance to get them into four ranks, so that he could count 
 them. He told the sergeant to knock them down, if they did not keep back 
 out of the way. He struck down between the files, but hit nobody. 
 
 STOPPAGE OP RATIONS. 
 
 Along in July, or perhaps in August, there was a good deal of stealing going 
 on in the camp, and the prisoners thought they would take the matter into their 
 own hands and punish the offenders, as the rebels never took any notice of the 
 matter when it was reported to them. One man who had stolen a canteen was 
 taken by the prisoners and half of his head was shaved and the letter T marked 
 with ink upon his forehead, and he was beaten about the camp by the prisoners 
 with tin-pans and one thing or another. The quartermaster came in and saw 
 how the men were treated, and reported it to Captain Wirz ; at least,.! supposed 
 it was reported. I know the rations were stopped immediately following. They 
 were stopped until the man who did this printing should be turned over to Cap- 
 tain Wirz, or should report himself. We were told that the camp would get no 
 rations until he came out. We got rations ; I don't know whether this man 
 was ever taken outside or not. My rations were stopped another time. One 
 night a piece of the dead-line was stolen for wood, and an order came into camp 
 that no rations would be served until that man had delivered himself up. I 
 have forgotten the precise date this occurred ; I think it was in February, 1865. 
 The man in the division to which I belonged voluntarily offered to go and give 
 himself up and bear the punishment, if each division would allow him an extra 
 ration, which they did. He went to the gate, and was taken to Captain Wirz 
 by the guard. What punishment was inflicted oil him I never heard. He was 
 not the man who took the wood. He gave himself up in order that our rations 
 might come in again. The rations were stopped in the morning, and it must 
 have been about noon when he went out. I did not know who the real offender 
 was. He never was known. I do not remember any pther occasion when our 
 rations were stopped. 
 
 THE SUPPLY OP WOOD. 
 
 Cross-examined by Counsel : 
 
 I remained in the stockade the first time until the last of September. I was 
 placed in there three times. I came back again the middle of December — about 
 the 23d. I remained there then until the first of April. During the time we 
 had no wood served out to us we drew cooked rations from the cook-house. I 
 don't know exactly the time. We received no wood from the time we went in 
 there until the last of August. We drew cooked rations when we first went 
 there. 
 
388 TRIA.L OF HENKY WIEZ. 
 
 CONDITION OP PRISONERS IN THE STOCKADE. 
 
 ' I judged that the dead bodies of the persons that I saw lying near the creek 
 had died from starvation, from their emaciatt^d condition. It was only my 
 \ opinion. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 It was an impossibility for me to put down every instance of shooting while 
 I was there, because men could be shot in the south part of the stockade while 
 I knew nothing about it, as I was in the north part ; the stockade was crowded 
 with men, there being at one time between 35,000 and 37,000 men there. It 
 was a common occurrence each night to hear from one to five shots in the stock- 
 ade. I could not tell whether men were killed every time, or who they were. 
 I saw the body of the man shot on the 25th of August. I saw him shot. I 
 did not see the man until the third shot was fired. I saw the shot fired from 
 the sentry-box, but the tents were so that I could not see the man until I got 
 past the tents. I then saw the guard fire the third shot, and saw the man. In 
 reference to the case of shooting on the 1st of January, I cannot say that I saw 
 the guard go up slyly. I was not present when the man was shot. I saw the 
 man after he was shot. I did not see him shot. 
 
 Q. You don't know whether the circumstances you have related took place 
 or not 1 You don't know whether the sentinel came up slyly or not ? 
 
 A. No, sir. I wouldn't state that as a fact, but I knew it well enough ; it is 
 my opinion. I did not see it myself. 
 
 THE RATIONS. 
 
 By the Court : 
 
 The rations were very small in 1S65. 
 
 Q. Was there any difference as to rations between that and the preceding 
 time 1 
 
 A. I think they were not so good as before. I think there were between 
 9,000 and 10,000 prisoners there at that time. 
 
 September 22, 1865. 
 Robert Tate, for the prosecution : 
 
 I was in the military service of the United States, in the fifty-second regi- 
 ment Pennsylvania volunteers. I was taken to Andersonville February 27, 
 1864, and remained until the latter part of December, 1SG4. 
 
 ACTS op cruelty COMMITTED BY WIRZ. 
 
 I saw Captain Wirz commit acts of cruelty while I was at Andersonville. 
 I saw him kick men who were not able to stand on their feet at roll-call. About 
 the first of May one case occurred. It was a man who was very sick and weak. 
 The orders were to fall into line in the morning at seven o'clock at roll-call, and 
 the men were kept standing there in the heat of the sun until about twelve 
 o'clock. This man fell down out of the line and his comrades rolled him out 
 alongside under one of the sheds there. Captain Wirz came aloug and saw 
 the man there and asked him what he was doing there. The man told him he 
 was sick and could not stand in line. Captain Wirz said, " God damn your 
 soul, I will keep you into line." He kicked the man and tolled, him back to. 
 the line ; the man lay there and was not able to stand up. In the course of two 
 days the man died. I don't know what bis name was or his regiment. 
 
 THE CHAIN-GANG. 
 
 I have not seen Captain Wirz put any men in the chain-gang, but he gave 
 the orders to have it done. I saw twelve men chained together ; they had three 
 
TRIAL OF HENRY WIRZ. 389 
 
 balls, each weighing 60 pounds, in the centre of them, and then on each leg on 
 the outside there was a ball of 32 pounds, and they were chained together by 
 the necks and a chain about an inch and a half long, and an iron co,llar around 
 their neck. They were put in chains for attempting to escape ; I saw men put 
 in when ladies were present. I saw them put in when Captain Wirz's lady and 
 his daughters were there. I saw the captain • give the orders to walk them 
 around and show his lady and daughters the way they walked ; they stood and 
 laughed at it and thought it was sport. That was in July ; I cannot state ex- 
 actly what part of the month. He made them walk about twenty yards I 
 saw men die — not exactly in the chain-gang ; they were released about ten 
 hours before they died. One man was very sick when he was put in ; he had 
 the chronic diarrhoea. He remained in the chain-gang about two days ; he was 
 put in for attempting to escape ; that was what I understood. One evening the 
 surgeon in chaige told Captain Wirz he had better take that man out ; Captain 
 Wii z gave orders to have him released. The next morning I saw the man 
 hauled to the graveyard ; I do not know whether the chains were on him when 
 he died. 
 
 WIRZ SHOOTS AT A PRISONER. 
 
 The prisoner fired his pistol at me one day fot being out of line at roll- '• 
 call. I had a very sore leg and could not stand more than about half an hour 
 at a time. I got weak and left the line and went into the shade of a tent and 
 lay down there ; directly Captain Wirz came out. I heard the sound of his 
 f lotsteps and hastened to get back into line so that he could not see me, but he 
 saw me and said: "Hold on there, you Yankee son-of-a-bitch." I commenced 
 running; he said : " Hold on;" I kept running; he fired his pistol. I got back 
 into line and tried to hide myself. Captain Wirz came along and wanted to 
 know where that man was, and said that* he would not issue any rations till 
 the man was found. I stepped out and said : " Captain Wirz, I have a sore 
 leg." He said : " (Grod damn. I wish the legs would rot off of every damn 
 son-of-a-bitch in the stockade, and I would have no more trouble with you." They 
 ball from his pistol did not strike me. 
 
 STOPPAGE OF RATIONS. 
 
 I know the rations were stopped on the 1st of April, 1864 ; I do not know 
 the cause ; 1 think it was on account of some trouble at roll-call. There were 
 too many men in the stockade and Captain Wirz could not get the exact num- 
 ber of the prisoners ; and he swore that he would not issue rations till he got the 
 exact number of the men in the stockade. He said that we got more than we 
 deserved ; that if he had his will, he would not give us anything to eat. 
 
 THE STOCKS. 
 
 I knew some Libby prisoners who were put in the stocks ; I don't know of 
 any who died while in the stocks ; I don't know of any who died immediately 
 after being taken out. I have known them to die in the course of three weeks 
 afterward. I have known a man to be kept in the stocks forty-eight hours with- 
 out anything to eat or drink, except what was smuggled to him ; that was Cap- 
 tain Wirz's order, not to give him anything to eat or drint for forty-eight hours. 
 His name was B. F. Russell ; he belonged to the 17th Pennsylvania cavalry, 
 company A. 
 
 ACTS OF CRUELTY COMMITTED BY WIRZ. 
 
 Cross-examined by Counsel : 
 I suppose the disease or complaint of the first man I saw Captain Wirz kick 
 was chronic diarrhoea and weakness ; I cannot exactly state what was his disease 
 
390 TRIAL OP HENRY WIRZ. 
 
 The man died about two days after the occurrence ; I don't know of what he 
 died ; I suppose it was of the kicking he got ; that is my supposition. 
 
 THE CHAIN-GANG. 
 
 I saw the man put in the chain-gang outside of the stockade ; he was captured 
 by the hounds and brought there. The way I came to be there was, I was detailed 
 to work in the cook-house outside the stockade. I saw a man outside the stock- 
 ade put in the chain-gang ; he was taken to the blacksmith shop at the depot, 
 and the blacksmith did the work ; I was present at the blacksmith shop and 
 saw it done. I did not hear the surgeon tell Captain Wirz that a man was sick 
 in the chain-gang ; that was what the man himself told us. 
 
 September 22, 1865. 
 
 Samuel J. M. Andrews, for the prosecution : 
 
 I was in the military service of the United States ; I belonged to the 17th 
 Illinois infantry ; I was a prisoner at Andersonville from April 27th, 1864, till 
 some time in September, 1S64. 
 
 vaccination. 
 
 I saw a good many cases of vaccination while there ; I should think two or 
 three hundred ; almost all that I saw had large sores upon their arms, and some 
 on other parts of their body, from the size of a dollar to that of the palm of my 
 hand ; some had two on the same arm, some one on each arm ; almost invaria- 
 bly, so far as I knew, amputation was the result ; death was the final result in 
 almost all cases of amputation ; I have known instances in which men suffering 
 from these sores became insane ; I have seen two or three such cases ; I observed 
 one in particular; the man was in the same tent as I was in the hospital; he 
 seemed to be completely insane ; his agony and suffering was so intense that 
 that seemed to be the cause of his insanity — the suffering which he endured 
 from these sores. 
 
 CONDITION OF THE PRISONERS IN THE HOSPITAL 
 
 I have seen men die suddenly there ; I remember distinctly seeing two men 
 fall over and die upon the spot, or rather fall over dead ; they were both at the 
 sink and they fell forward dead while there; one of them was inside the stock- 
 ade before the hospital was removed outside ; the other was in the hospital after 
 it was removed outside ; one of the men was brought over to my tent ; I was 
 nursing at the time ; he was brought over one day and died the next ; I saw 
 one patient in the hospital with ball and chain attached to his ankle ; he was so 
 weak that he was hardly able to walk ; 1 saw another one with a shackle on his 
 ankle ; he said he had cut the bull off; he had no ball attached at the time I 
 saw him, although he had shackles about his ankle ; I do not kno.-.v with what 
 disease the man was suffering who had the ball and chain on him, but I should 
 suppose from his appearance it was diarrhoea ; I do not know what was the mat- 
 ter with the other man. 
 
 Cross-examined by Counsel : 
 I was in the hospital at Andersonville about five months. 
 
 By the Court •. 
 
 I have not recovered from the effects of that confinement there ; I am still 
 
 troubled with the effects of what I suppose to be scurvy ; my mouth and gums 
 
 occasionally bleed without any apparent cause ; when I went to the hospital I 
 
 had a wound which I received when I was captured ; I was captured at Merid- 
 
TRIAL OF HENKY WIEZ. 391 - 
 
 ian, Mipsissippi ; I went to the hospital immediately; the hospital was not 
 removed from the stockade for about three weeks after I went iato it ; I had 
 but little ,to do with rebel officials there, for they let me alone, and my treatment 
 from our own men was very good ; the rebel medical officers did not have much 
 to do with me ; they gave me the privilege, on one occasion, of nursing, which 
 I did for one or two weeks ; on another occasion I got the privilege of dressing 
 wounds, which I did for two weeks ; I was able to go about from the time I got 
 into the hospital ; I received medicine on several occasions. 
 
 By Counsel: 
 There was one of the men who arrived with me at Andersonv;ille who lost his 
 leg ; we were together all the time that he was at Andersonville ; I do not know 
 that I can say the doctors ever ill-treated me in the hospital ; my surgeon was 
 a very kind man indeed ; his name was Alexander ; he was in the confederate 
 service ; I believed him at the time to be a Union man, and do so still. 
 
 September 22, 1865. 
 
 William B Francis, for the prosecution : 
 
 I was in the military service, in company B, 75th Ohio ; I was a prisoner 
 at Andersonville in the neighborhood of a month ; I went there the 20th of 
 August, 1864, and left the 17th of September; I know Captain Wirz. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 When I was first brought to Andersonville they kept us there about two hours 
 standing in the sun waiting for orders ; the orders came for the guards to take 
 everything away from us ; they made us peel off all our clothes and they searched 
 them ; I took off everything but my socks ; they cut the waistband of my pants, 
 the top part of my cap, and the lining of my jacket; I had a cavalry jacket ; 
 they took from me ninety-six dollars and one dollar in gold, four photographs, 
 and two ambrotypes ; Captain Wirz's men took them from me ; he was not 
 there then ; I made a request to have the photographs returned to me and was 
 told it was against Captain Wirz's orders ; the men when they were searched 
 were drawn up right below the railroad, by the little building there, a kind of 
 guard-house, I think; others were searched and robbed at the same time; some 
 were robbed of three hundred dollars ; I never got any of the property that 
 was taken from me. 
 
 ACTS OF CRUELTY COMMITTED BY WIRZ. 
 
 I saw Captain Wirz first about the 6th or 8th of September ; there was a 
 sick man coming out who had the scurvy in his feet ; he cibuld not walk and he 
 fainted away; Captain Wirz, stood there; some men at the stockade gate told 
 me it was he ; he hallooed at the sick man to clear out ; the man could not ; 
 Captain Wirz then hallooed out: " The damned son-of-a-bitch is possuming ! " 
 He went up to the man and ordered him up ; the man could not get up ; Captain 
 Wirz then kicked him three or four times and, ordered him to be taken away, 
 and he was taken away. 
 
 THREATS OF VFIRZ. 
 
 -1 
 The prisoner alluded to my condition ; we were going out one day, three or \ 
 four of us, when we met Wirz. He drew his revolver and whipped out an oath, 
 saying, "Damn you, I will shoot you!" He ran up to me and said, "You Yan- 
 kee son-of-a-bitch, if you think you can fool me you a:re mistaken ; I will put 
 you back in the stockade, where they are dying at the rate of two hundred a 
 
392 TRIAL OF HENRY WIRZ. 
 
 day, and if thaj; will not do I will give the sentries thirty days' furlou^jh for 
 every man they shoot." We had got out of the stockade along about four o'clock 
 in the evening and were getting to the rear when he saw us ; I am sure he 
 mentioned that matter about furloughs. 
 
 SHOOTING OF PEISONEBS BY THE GUARDS. 
 
 I saw a man shot there one day ; I do. not recollect the date ; it was a Sun- 
 day morning; the man was hanging out his shirt on the dead-line ; the wind 
 blew it off; the man reached over the dead-line to pick it up, when the guard 
 fired and shot him through the knee, and shooting through the head a sergeant 
 who was lying in his tent; when the sentry fired at the soldier in the stockade 
 I observed four or five men came to him, and took' down, I suppose, his name 
 and regiment; 1 watched pai-tieularly and the man never came back on post ; it 
 was post 36, on the north side of the stockade, not far from where I stopped. 
 
 MEN BITTEN BY THE DOGS. 
 
 Every morning about seven o'clock the horn would be blown and the hounds 
 would run up ; I recollect once or twice the hounds going into the stockade and 
 striking out on a trail, and I have seen men brought back bitten by the dogs ; 
 they all said they were put in the stocks ; I saw two men tied up outside of the 
 stockade when I went away from there ; but I do not know for what ; they 
 were tied up by the hands ; I could not tell whether by the thumbs or wrists. 
 
 THE RATIONS. 
 
 I never drew any wood ; the rations were partly cooked ; it was pretended 
 to be cooked, but it was not; blood was always in the beef and it was raw; it 
 was cooked up in quarters ; the bread was made sometimes with salt, sometimes 
 without salt ; sometimes the meal was bolted, sometimes it was not ; sometimes 
 it was sour, and sometimes not ; I never dug roots, but I saw men dig five or 
 six feet for roots on the north side of the stockade ; I saw men in the swamp 
 digging after roots where the maggots were two feet deep. 
 
 PRIVATE PROPERTY TAKEN PROM PRISONERS. 
 
 Cross-examined by Counsel : 
 I was not in any corps ; we were in the district of Florida where General 
 Foster was in command ; we were under Genei'al Hatch ; I arrived at Ander- 
 sonville on the 20th of August, I think ; I did not see Captain Wirz then ; 
 they were sergeants, I suppose, who searched me ; they said it was by the 
 captain's orders ; they did not say what captain's ; it was right below the 
 railroad depot that they searched us, between a quarter and half a mile from 
 the stockade ; I remained there until the 17th September. 
 
 THE rations. 
 The rations were all cooked with the exception of some rice and meal. 
 
 THREATS OF WIRZ. 
 
 I flanked out of the stockade at the time I had this conversation with Captain 
 Wirz ; I did not go back at all ; I went to Charleston ; Captain Wirz did not 
 discover that had I flanked him ; if he had he would have killed me 1 expect. 
 
TRIAL OF HENRY WIRZ. 393 
 
 SHOOTING OF PBrSONBRS BY THE GUARDS. 
 
 Q. Were you near the man who was shot near the dead-line 1 
 A. It Was something like four or five rods from where I stopped. I did not 
 see the man at the time, but I heard the shot fired and I was there in a 
 few minutes afterwards. Men were shot there almost all the time through 
 the night ; they said he was not inside the dead-line ; that the shirt blew over 
 and he reached under the line to get it ; I did not see his shirt that I recollect. 
 
 By the Court : 
 The man who was wounded said it was so ; he said so at the time; the 
 wounded man did not die that I know of; he was not brought to the hospital ; 
 I do not know what became of him ; the body was outside the dead-line when 
 I got there ; he was sitting down. 
 
 By the Counsel : 
 He was shot through the knee ; in two or three minutes afterward I saw him, 
 as soon as I could get there. 
 
 September 22, 1865. 
 John A. Cain, for the prosecution : 
 
 I was in the military service of the United States ;- I enlisted in the Cali- 
 fornia cavalry battalion, at San Francisco. 
 
 CONDITION of the PRISONERS IN THE STOCKADE. 
 
 I was taken prisoner the 22d February, 1864 ; I was taken to Richmond, 
 Va., and remained there three or four days, long enougli to be searched and have 
 everything taken from me and the rest of us. I was taken from thfre to An- 
 dersonville, and arrived at Andersonvilie on the 10th of March, 1864 ; it was 
 raining very hard when we arrived there, about two o'clock in the morning. 
 We wei-e drawn up in line four deep, about 1,000 of us, and were marched 
 through water about knee deep ; a great many of the men were very sick and 
 feeble ; they were forced to walk through that mud and water about knee deep 
 to the stockade, a distance of about half a mile ; they were turned loose into 
 the stockade ; it was raining hard and we were without shelter and we did not 
 know where to go ; they were ordered to fall in the next morning to receive 
 ordei s ho w we were to proceed while there. Being very dry I started to the swamp 
 to get some water ; in the dark I fell into a hole headlong ; however, after some 
 difficulty, I found the water aud got a drink and started back ; I came across 
 several shebangs, as we called them, rudely constructed tents and covers made 
 out of pine boughs and poles ; they were a poor excuse for covering ; the raia 
 was beating on the men who were lying under them ; the men were very ema- 
 ciated and sick, as I thought ; some were groaning. We had some little talk with 
 them ; they told us that we hadnoshelterandthatwewouldhave to do thebest we 
 could. I went upon the shady side of a large tree and stood up and sat down as best 
 I could until morning; itrained until daylight. When daylight came, 1 can hardly 
 describe the scene that I beheld — men lying around in all directions sick, very 
 sick and feeble ; most of them were Belle island prisoners. It did not matter 
 about the health of the men ; it seemed to me that the healthiest of the men 
 took sick as quick, if not quicker, than some of those who were weak. Two of 
 my own comrades^ — ftouter or heartier men never lived — took sick the next day ; 
 I did not know from what cause unless it was from change of water ; we had to 
 carry one of them in a blanket to the hospital. This hospital was only a few 
 boards thrown together very temporarily to slied the rain off those very sick 
 lying in there ; they were lying in'their own filth, with nobody to take care of 
 
394 TRIAL OF HENRY WIEZ 
 
 tLpm. When I visited the hospital to see my own comrades, men would appeal 
 to me to help them to the sink, or to give them a drink of water, or a piece of 
 bread or something of that kind; 1 very nearly got sick at the stomach and 
 had to leave the place. About ten o'clock that day I was ordered to the other 
 side of the stockade ; the place was very steep, rising up from the swamp ; it 
 could not be called a hill — it was a bank, inclining at an angle of about forty 
 degrees ; I was allotted to a place on that bank that was very difficult for a sick 
 man or a weak man to ascend without good help, without two men to help him ; 
 I was obliged to lie there until I was taken to the hospital. I got scurvy and 
 diarrhoea after a while ; I was obliged to lie there without shelter ; we sat by a 
 fire which a hat would cover up, made of pitch-pine roots ; I sat there for 
 twenty hours at one time in the rain ; it rained a great deal during the month 
 of April. We could not cook what raw rations we got ; I very often mixed up 
 meal and ate it raw for want of wood and cooking utensils. We got a little 
 more than a pint of meal ; that was before Captain Wirz took command ; we 
 got a little better than that after he took command. The rations consisted of 
 about a pint of meal and a half a pound of very coarse beef; we took it to be 
 mule flesh ; it looked more like horse or mule flesh than beef; we got about a 
 teaspoonful of salt ; that was our rations for twenty- four hours ; I very often 
 ate my beef or mule flesh raw ; I jast picked the bones. In that condition I 
 lay on that side of the hill until about the 23d of May, when I became so 
 weak that I could not get up to roll-call in the morning. Captain Wirz's 
 sergeants ordered all the sick to fall in every morning, if they had to be carried 
 up ; I very often got some of my comrades to help me up this hill, and in many 
 instances I fainted away when I got up. One time at the top of the hill I 
 fainted away and was conveyed temporarily to a little tent, consequently miss- 
 ing the roll-call ; the sergeant asked where I was ; they could not find me ; 
 and he ordered my rations to be stopped that day ; it was neglect of some com- 
 rades for not having me up. I finally got discouraged and made up mind to 
 die ; I did not wish to be any more trouble to my comrades, and I went over to 
 the gate and was successful in getting to the hospital ; that was a little after the 
 hospital was moved out of the stockade, about the 23d or 24th of May, I think. 
 What transpired in the stockade after that I cannot say, except as I might see 
 the victims of Wirz's cruelty come to the hospital. 1 was paroled as a nurse, 
 or was allowed the privilege of nursing ; we had no more liberty than any of 
 the rest of the sick ; I was very often allowed to go to the gate to help sick 
 men off the wagons or ambulances, or to carry the men on stretchers. I had 
 an opportunity there of seeing the cook-house and of seeing the rations taken 
 out, and of hearing news of the inner part of the stockade. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I kept a memorandum of the events that transpired there. By reference to 
 that memorandum-book I can tell about men being shot there by the sentinels; 
 'I can recollect, without referring to the memorandum, the case of three prisoners 
 who were shot by the sentinels. About the middle of April, 1864, (witness 
 refers to his memorandum-book and gives the date as the 23d of April,) an insane 
 man was shot ; he was considered insane by ua ; he would go around among 
 the debris of the swamp and pick up undigested food, beans and meat, that had 
 passed through men ; I have often myself tried to turn him from it, telling him 
 to go to his quarters and let that alone, or something to that effect, which made 
 me form the conclusion that he was insane or crazy ; he was very emaciated. 
 He was one of the Belle Island prisoners. I know something about a man being 
 shot on the 2d of May ; I do [not know that I saw him before he was shot ; he 
 was a man of dark complexion ; I took him to be a German ; he belonged to a 
 Pennsylvania regiment ; I do not know his name ; I was told he was an insane 
 
TRIAL OF HENRY WIRZ 395 
 
 man ; he was near the hospital, or rather on the southeast cornor of the stockade, 
 where the hospital was located first ; I do not recollect seeing Captain Wirz 
 then ; I did not see him on the other occasion, April 23d ; my tent was in the 
 middle of the stockade, and if there had been anything of that kind occurring, 
 by the time I could get there through the crowd of men it was all over. I know 
 something about a guard at the hospital shooting a man ; the entry in my 
 memorandum of the 25th of July is, " Eebel guard shot a sick Union prisoner 
 for coming near his fire." His leg was amputated near the thigh ; he died ; I 
 cannot say when ; I did not see him when he was shot ; it was done about nine 
 o'clock in the morning ; I had been at his fire before he was shot, and I was 
 there about ten minutes after he was shot ; I heard the report and got up, and 
 heard the man moaning very piteously ; I went down to where he was ; they 
 had just carried him into the tent ; I heard him make a statement the next day ; 
 the guard had their lioe inside on this end of the swamp hospital ; it was very 
 common for us to go down and sit near the fires and converse with the giiard 
 and trade with them ; there was no order against that ; I often went down and 
 warmed myself, and heated soup and mush and corn-meal cofiee ; we used to 
 call it conscript ; this man said he went down as usual and sat near the fire, and 
 that the first thing he knew, the guard, without any warning, drew his musket 
 and shot him. 
 
 Q. Do you know anything of a man that was shot on' the day following, the 
 26th of July 1 
 
 A. I heard the shot, but did not see the man. Not long afterwards the man 
 was brought into the hospital ; I did not see him after he was brought in ; some 
 time in July ■ I recollect it without reference to my diary ; it was about the 
 middle of July ; his 'name was John Burke ; he belonged to the sixty-ninth 
 New York volunteers. Colonel Corcoran's old regiment; he was brought to 
 my place where I was nursing ; I had five tents to take care of, three in a tent ; 
 he was sent to me to take care of; the ball went in the right cheek, cut off his 
 tongue, cut out his upper teeth, passed out through his left jaw, and cut three 
 of his fingers nearly off; he was sitting in his tent at the time, smoking his pipe, 
 when the ball went in and struck him. That man died ; he made a statement to 
 me when he was aware he could not live ; he said he was starving to death ; 
 he could not eat what he got, and could not get anything better to eat ; I made 
 a requisition on the doctor's steward for suitable food ; in some instances it was to 
 be had, but he could not getit ; this man died in consequence of gangrene getting 
 in his tongue, and breathing through it, the doctor said, was the cause of his 
 death ; he died about a day after being removed from my charge ; he was sent 
 to the surgical ward, but it was too late. 
 By the Court: 
 
 The man stated how he came to be shot ; he said he was lying in his tent, 
 and that the guard fired at a man right on the dead-line, missing the man and 
 hitting him. I know the date when John Burke died ; about the 25th or 26th 
 of July, I think. 
 
 GENERAL COBB'S SPEECH. 
 
 General Cobb was at Andersonville about the 2d of May, and made a little 
 speech to us, not very gentlemanly or encouraging to us. I do not recollect 
 seeing Governor Brown, of Georgia, at Andersonville there at that time, but 
 General Cobb made some allusion to a remark which Brown had made, that he 
 would not have us there any longer, as we were a nuisance to the country ; 
 General Cobb made this remark to some of the men ; he said that Governor 
 Brown said be would not keep us there any longer ; that we were a nuisance 
 to the country, and that if Jefferson Davis did not m(n-e us he would move us^ 
 on his own responsibility, or something to that effect. 
 
396 TRIAL OF HENRY WIRZ. 
 
 Wftr 
 
 GENERAL WINDKR ORBRRS THE GUARD TO SHoOT PRISONERS. 
 
 \6eneral Winder visited the hospital after I was sent there; I know some- 
 thing about his ordering men to be shot about the 20th of July ; I waa standing 
 at the gate; there had been no dead-line established inside the hospital, never; 
 in fact there was no dead-litie except right in front of the gate ; in orl^er to keep 
 the gate clear he ordered the guard to shoot any damned Yankee who would 
 trespass on the dead-line ; it was only a mark sometimes made in the dust with 
 a bayonet ; he said, further, " Any Yankee son-of-a- bitch you catch bathing in 
 that creek down there shoot him." The nurses and attendants had a parole at 
 that time ; the pass was taken away from us, and we were refused the privilege 
 of bathing in the creek ; we bathed below the hospital ; we had a ditch dug 
 through one end of the hospital for washing-water, and a aink at the lower end ; 
 it was a tributary of Sweet Water branch ; I did not see any reason why I 
 should not be allowed to bathe there ; it was all swamp waste land beyond that. 
 
 SHOOTING OF PRISONERS BY THE &UARD. 
 
 Cross-examined by Counsel ; 
 
 John Burke spoke very inaudibly and incorrectly, but I could under- 
 stand him; he wrote on paper at different times the thi^^gs he wanted. The 
 man that was shot at the fire, was shot as he stood at the fire. He went there' 
 to warm himself, as usual, as there were no orders against it. It was very 
 chilly on the evening of the 25th of July, especially to a man in his condition, 
 especially in rainy weather, and with no blankets. Refening to my memo- 
 randum of the 9th of August, in reference to John Burke, the entry is, "Burke, 
 who was shot in the face, is dying for the want of proper nourishment " That 
 is what he told me the evening before he was removed from my care to the 
 surgical ward. 
 
 The Assistant Judge Advocate submitted to the court the entry in the 
 hospital record in the case of John Burke, showing that he died of dysentery on 
 the 10th of August. ^ 
 
 Witness. Burke had no dysentery; I will state to the court that I am crip- 
 pled myself now from the effects of my imprisonment. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 When I arrived on the 10th of March there were twenty-two thousand 
 prisoners in the stockude, I think ; the hundred that I was assigned to was the 
 25th hundred ; that was before the stockade was enlarged; at the time I was 
 transferred to the hospital there were 18,000 or 20,000 prisoners in the stockade ; 
 Captain, Wirz came there about ten days or two weeks after I had got there; 
 there were about 14,000 or 15,000 prisoners there then ; I helped to carry the pick 
 from the stockade to the hospital myself on stretchers ; there was a doctor in 
 charge to receive men who were brought to the hospital g.ite, and such men as 
 he thought fit to be admitted to the hospital he had carried in; I cannot say 
 that I saw any other man eat undigested food, except the insane man I have 
 mentioned, although I heard of it; I thirjk no person but a crazy man would 
 do it. 
 
 GENERAL WINDER ORDERS THE GUARD TO SHOOT PRISONERS 
 
 I think it was about the 20th of .July that General Winder gave the order to 
 shoot men. (Witness refers to his diary.) The entry is, "General Winder 
 orders the guard to shoot every Yankee son-of-a-bitch caught trespassing on the 
 dead-line or bathing in the river." , 
 
TRIAL OF HENRY WIRZ. 397 
 
 Skptembf.8 22, 1865. 
 
 George W. Gray, for ibe prosecution: 
 
 I arn iu the military service of the United States; in the seventh Indiana 
 cavalry, company B. 
 
 Q. How long have you been in the service? 
 
 A. In my last term two years and one month ; I was taken to Andersonville 
 on the 10th of June, 1864, and remained there until November. 
 
 PRIVATE PROPERTY TAKEN FROiVI PRISONERS. 
 
 When I was first taken there, there was a number of men in our gang, 
 about five or six hundred, drawn up in line in front of the prison. They were ) 
 ordered to put their blankets, knapsacks, haversacks, canteens, &c., in a pile; 
 we were marched out by file and laid them down ; after they were laid down 
 an officer rode out on a gray horse, I do not know who he was, and ordered 
 the guards and the men standing by to take what they wanted out of the pile, 
 and when they got what they wanted the prisoners could have the balance; but 
 when they got what they wanted they had it all ; I am not certain whether it 
 was Captain Wirz.who was on the horse, or not; I did not know the man; it . 
 was the first time I saw the man's face; I have seen the man since, but whether 
 it was Captain Wirz, or not, I cannot say for certain ; we were then marched 
 into the prison and were turned out loose among the balance of the men, just as 
 horses are turned into pastme among other horses; we then got together as best 
 we could. About the last of June or July, 1864, a young fellow named Under- 
 wood, of the 7th Indiana cavalry, company L, my own regiment, who was 
 wounded at that time, went down to a sort of a sutler's concern they had there. 
 Captain Wirz was there at the time; Underwood asked for something to wrap 
 his wound with ; the man said that he would give it to him ; said Captain Wirz, 
 "No, he cannot have it unless he pays me a dollar." Underwood gave him his 
 last money, which was a ten-dollar bill; before that I had heard Wirz ask 
 Underwood what regiment he belonged to, and in what battle he was wounded, 
 so that Wirz knew that he was a wounded man ; when Underwood asked him 
 for his change Wirz kicked him out of the door; he did not give him back the 
 nine dollars; I heard Lieutenant Davis call him Captain Wirz before that, and 
 I knew the man when I saw him there; but the person I saw on the white 
 horse 1 did not know then ; I had not heard any one call his name up to that 
 time. 
 
 THE DOGS THE STOCKS. 
 
 About the last of August I made my escape from Andersonville, and was 1 
 overtaken by a lot of hounds ; before the catth dog could get at me I took a 
 tree ; after I took the tree the hounds circled around and barked until the catch 
 dog came up ; when the catch dng came up some Johnnies came up also, and 
 demanded that I should come down ; I told them to tie that dog and that I 
 would come down, but not before ; they said they would tie one of the other 
 dogs; I said no, that they should tie up the catch dog; they tied him and I 
 came, down; the hounds did not touch me — I knew they would not — for the 
 reason that I used to catch niggers myself with them, and so knew all about 
 them ; I was brought back to Andersonville prison and taken to Wirz's quar- 
 ters ; I was ordered by him to be put in the stocks, where I remained for four 
 days, with my feet placed in a block and another lever placed over my legs, 
 with my arms thrown back, and a chain running across the arms ; I remained 
 four days there'in the sun; that was my punishment for trying to get away from 
 the prison. At the same time a young man was placed in the stocks — the third 
 man from me ; he died there ; he was a little sick when he went in, and he died 
 
398 TRIAL OF HENRY WIRZ 
 
 there; I do not know his name; if I heard it, I have forgotten it ; this occurred 
 about the last of August or the first of September, 1864 ; I am certain he died ; the 
 negroes took him out of the stocks after he was dead, threw him into the 
 t wagon, and hauled him away. 
 
 A PRISONBB SHOT BY WIRZ. 
 
 Q. Do you know anything about the prisoner having shot a prisoner of war 
 there at any time ? 
 
 A. He shot a young fellow ndmed William Stewart, a private belonging to 
 the 9th Minnesota infai.try. He and I went out of the stockade with a dead 
 body, and after laying the dead body in the dead-house Captain Wirz rode up 
 to us and asked by what authority we were out there or what we were doing 
 there. Stewart said we were there by proper authority. Wirz eaid no more, 
 but drew a revolver and shot the man. After he was killed the guard took 
 from the body about twenty or thirty dollars, and Wirz took the money from 
 the guard and rode off, telling the guard to take me to prison. 
 
 Q. Are you sure about that ? 
 
 A. If I was not I would not speak it. 
 
 Q. By whose orders did you come out with the dead body ? 
 
 A. It was my determination — I don't know whether it was Stewart's or 
 not — to get away again. For that reason we went out. We begged for the 
 dead body. 
 
 Q. Do you know whether that was the time that Lieutenant Davis had some- 
 thing to do with the prison 1 
 
 A. I recollect now that Lieutenant Davis ordered the sergeants of each 
 detachment to detail men to carry out of the stockade the dead bodies of men 
 belonging to that detachment. 
 
 Q. State what Captain Wirz had in his hand when he shot that soldier. 
 
 A. He had a revolver ; whether a navy pistol or not I don't know ; it was a 
 large pistol.' 
 
 Q. How near was he to him ? 
 
 A. About eight feet from him, I think. 
 
 Q. Where did the ball take effect in your comrade t 
 
 A. In the breagt. He died right there where he «vas shot. 
 
 Q. Were you at the time attempting to make your escape ? 
 
 A. No, sir ; but it was my intention if I could, to do so. I was not attempt- 
 ing it at that time, nor was Stewart 
 
 Q. How far were you from the dead-house 1 
 
 A. About fifty yards — about half the distance from the stockade to the dead 
 house ; a little off and to one side of it. 
 
 Q. You do not know whether Lieutenant Davis had a partial command there ? 
 
 A. I think that in September Captain Wirz was relieved temporarily by 
 Lieutenant Davis on account of ill health, for about two weeks, probably. 
 
 Q. Of the fact of Wirz committing this particular offence, you are certain ? 
 
 A. I am, sir. 
 
 Q. Did you state the time when Stewart was shot ? 
 
 A. It was about the middle of September, after I got out of the stocks. 
 
 Q. When testifying with reference to the man on the white horse, you said 
 something about not being able to identify him ; had you any difficulty after- 
 wards in identifying Captain Wirz ? 
 
 A. The first time I knew such a man in the prison, I heard Lieutenant Davis 
 call the name at the gate. He said, " Captain Wirz, come down this way." I 
 looked at the man and asked the boys if it was not the commander of the 
 Andersonville prison. 
 
 The judge advocate called upon the prisoner to stand up for identification. 
 
TRIAL OF HENRY WIRZ. 399 
 
 The prisoner, who was lying on a lounge, partly raised himself, turning his 
 face to the witness 
 
 Q. Do you recognize that man as the person who shot your comrade ? 
 
 A. That is the man. 
 
 The prisoner attempted to say something in contradiction of the witness, but 
 was not permitted by the court. 
 
 The judg;e advocate requested the prisoner to stand up on his feet. 
 
 The prisoner having complied with the judge advocate's request, the witness 
 looked at him and said, " I think that is the man." 
 
 Q. The person whom you have been talking about, you were afterwards in 
 the habit of recognizing in the prison as Captain Wirz ? 
 
 A. Yes. 
 
 Q. Do you recollect whether the man who shot your comrade had a foreign 
 accent ? 
 
 A. I took him to be a German or a foreigner by his talk, for this reason : 
 when I was put in the stocks he said to me, "Cott tam you, I fix you." For 
 that reason I took him to be a foreigner or a Dutchman. 
 
 (See testimony of witness in regard to " private property taken from prisoners," 
 in connection with the identification of Captain Wirz as the person who shot 
 Stewart.)^ 
 
 THREATS OF WIRZ. 
 
 There came an order to parole the sick soldiers there; they were to be 
 removed from that prison and all the prisoners were to be brought to the gate. 
 It being late in the afternoon and the roads being very muddy, I requested 
 Captain Wirz to permit me to aid these men in get ing to the cars. His reply 
 was that when we were needed he would call upon us. He said to Lieuten- 
 ant Davis, " If any of the men refuse to go, or if they lie down on the road on 
 their way to the cars, bayonet them." I have seen many poor soldiers bayo- 
 neted there by the guards when they were crawling on their hands apd knees 
 to the cars. I heard one of the surgeons ask Captain Wirz one day when he 
 was going to remove these Yankees. Said he, " Damn those Yankees ; they 
 will all be dead in a few days, anyhow." That was, I think, some time in 
 November or December, 1864. 
 
 MEN B(TTE.\ BY THE DOGS. 
 
 I knew a young man being brought to the stockade after being caught by the 
 hounds. I went out to see him and asked him what was the matter. He told 
 me he was caught by blood-hounds and torn very badly. Part of his cheek 
 was torn oflp, and his arms and hands and legs gnawed up so that the man only 
 lived some twenty-four hours after he came into the stockade. That. was in 
 October, 1864, I think. I do not know the date exactly, when I left Ander- 
 sonville. I got to Savannah, Georgia, in December, 1864. I do not know the 
 name of the man who was bittten by the dogs and who died in thei stackade. 
 
 VACCINATION. 
 
 I saw men there who had been vaccinated. It affected their arms. The ' 
 sores began just to rot around, and to eat in until it got to the bone. They 
 generally lost the arms. I saw men vaccinated on the top of the foot. The 
 sores circled around the foot and got into the leg, when they died. I saw two 
 cases of deaths caused by that, A great number of the men who had been , 
 vaccinated had their arms amputated. 
 Cross-examined by Counsel : 
 
 My home is in Randolph county, in~ the State of Indiana. I believe in re- 
 ligion. I believe there is such a thing as punishment after death. As near as I 
 
400 TRIAL OF HENRY WIRZ. 
 
 can recollect I was taken prisoner on the 10th of June, 1864, and was removed 
 immediately to Andersonville, Georgia. I do not know exactly the date I ar- 
 rived at Andersonville. I was taken prisoner on tiie 5th of June, near Gun- 
 town, Mississippi, and was removed immediately to Andersonville. I do not 
 know how long after my capture I was remov(;d to Andersonville; it was as fast as 
 they could get cars to move us. 1 do not think it was longer than a week. I 
 did belong to several raiding parties that were sent out. I did not belong 
 to any at the time of my capture. I was taken in battle, in the first line that 
 was drawn up in the morning. Underwood was captured with me ; a young 
 man belonging to my regiment. There were others who were taken at the same 
 fight. There were from six to nine hundred prisoners along with us. They 
 were not all captured at the same time, but at the same battle near Guntown, 
 Mississippi. Some of them were taken fifty or sixty miles back in Tennessee, 
 as they were retreating back to Memphis, by their statement. I was tempo- 
 rarily sent out by Captain Brannon and Colonel Brown, and by the officers 
 flanking on each side reconnoitering. We have often gone out on raids in regi- 
 ments. 1 was not under Kilpatrick or Stoneman. 
 
 PRIVATE PROPRRTV TAKEN FROM PRISOXERS. 
 
 Before we got to Andersonville I had been searched over some two or three 
 times. At every station we got to they would have something from us if they 
 could get it. When we arrived at Andersonville we were searched again. They 
 took a pocket-book from me and the coat which I wore at that time. My 
 boots were taken on the field when I was captured. I do not recollect 
 that I had a blanket. I will not be positive, but I don't think I did have. 
 They did not take anything else from me that I know of. It was a cav- 
 alry coat that was taken from me. It wasn't a regular uniform furnished by 
 the government, but it was government goods which I bought myself from the 
 store. I saw an officer riding on a white horse the day I arrived at Anderson- 
 ville. I believe it was the same day. We got there, 1 think, on the 10 o'clock 
 train, and I think it was about the middle of the day. I saw that man after- 
 wards. I could not at that time tell whether it was Captain Wirz or not, 
 because I never had heard his name. I will not be positive whether it was Cap- 
 tain Wirz at that time or not. I knew him about two weeks after I went to the 
 prison. I saw him when I first went there, at the prison gate. The next place 
 I saw him was inside the stockade, at the time Lieutenant Davis called him to 
 one side and took him the other road. I cannot say whether it was or not the 
 same man whom I first saw on the gray horse. I would not wish to say. 
 
 Q. You say you went with a man named Underwood to a sutler ? 
 
 A. I do not know what he was ; he had some sort of a store, and I supposed 
 him to be a sutler. It was inside the stockade. Flour and all kinds of vegetable 
 stuff that could be got at that time were in there for sale. There was a man ap- 
 pointed there, but who he was 1 do not know. I never learned his name. It was 
 a board shanty erected there on purpose for that business. I stood at the front 
 of the window, on the outside. The window was a mere hole. Underwood stood 
 with me when he asked for this shirt or something to wrap his wound with. 
 Then we moved inside, when the man told him he could have it. It was about 
 ten by eight feet, perhaps larger. I did not say Underwood asked for medicine, 
 only something to wrap his wound with. He asked the man who kept the sut- 
 ler's store. I do not know who he was. I do not know to what he belonged. 
 He wore while pants. The stuff Underwood got looked to be an old piece of 
 shirt. After Underwood saw what he was going to get, I told him he had bet- 
 ter take it, because he could not get anything else, and that would probably do 
 him some good. After I had spoken this to Underwood Wirz told him that he 
 could not have it unless he paid him for it. That was the reason he asked him 
 
TRIAL OF HENRY WIEZ. 401 
 
 for the money. That was about the last of June, I think. The sutler's stand 
 was near the north gate. There was one down near the gate, at the north gate. 
 It was probably about a week after I first went to the stockade that I heard 
 Lieutenant Davis ca:ll Captain Wirz by name. I heard the men call him Lieu- 
 tenant Davis, and I have seen him a hundred times. He was a small man ; a 
 very neat man ; a beautiful fellow with a sandy complexion and a nice appear- 
 ance. He was a very genteel looking man, and very much of a gentleman. I 
 do not know whether Captain Wirz kept that money himself or gave it to his 
 wife and children. I saw him take it, and the last I saw of it he had it. If I 
 had not been sure that that was the man whom Lieutenant Davis called Captain 
 Wirz I would not have told it. I do not know whether it was the man I saw 
 on the gray horse. I did not notice that man^much. About four days or a 
 week after I went to the prison, I first heard Lieutenant Davis mention Cap- 
 tain Wirz's name. Some of the Belle Island prisoners were there, and said one 
 of them, on seeing the two men ride in at the gate, "There comes Davis and 
 Captain Wirz." I lifted my eyes and looked at them, and I heard Lieutenant 
 Davis say to Captain Wirz, "Let us go this way, captain ;" and they went down 
 around what they called the dead-line. 
 
 Q. And from that time you knew Captain Wirz ? 
 
 A. I knew the man when I saw him. I took a good look at him, and I 
 turned round and asked the men whether that man had charge of the Ander- 
 sonville prison, and they said he had. He rode on the inside of the dead-line, 
 and I was on the outside. 
 
 By the Court • 
 I would say that the prisoner at the bar, to the best of my knowledge, is the 
 same person that I saw with Lieutenant Davis when the two entered the stock- 
 ade. The prisoner was riding a sorrel horse, I think. I am not sure it was a 
 sorrel. . 
 
 THE DOGS. 
 
 By CoiiNSKL : 
 I escaped from the stockade some time in August, I dug out right where 
 the water comes into the stockade. It was right by the side of the water where 
 I got out. About eighteen prisoners got out with me.' They were not all 
 recaptured. I was recaptured. I was about eighteen miles from the prison, I 
 think, when I was recaptured. I was captured by blood-hounds. I do not 
 know to whom they belonged. I do not know who it was with them. He was 
 a Johnny. I do not know the man wlio kept the dogs at the stockade. The 
 dogs had no chance to bite me. I took to the tree. I had a good deal of fun 
 catching niggers. I said I was acquainted with blood-hounds, as I used to use 
 them myself. For that reason I went- up a tree. I knew what they would do. 
 When I came down the tree they did not bite me, for the catch-dog was tied. 
 If he took hold they would all take 'hold. The men tied the catch-dog, and 
 that was all I wanted. I caught negroes in Hardie county, Virginia. I used 
 ot have .real good sport there at it. 
 
 A PRISONER SHOT BY WIRZ. 
 
 Q. In what part of the stockade was your tent ? 
 
 A. There was no such name there as tent. There was what we called streets 
 there, and ray place was on the north part. 
 Q. Where was William Stewart's place ? 
 A. Right along with me in the same detachment. 
 Q. Where did you get that dead body that you brought out ? 
 A. I got it in my detachment on the north side of the brook. 
 Q. Through what gate did you carry that dead body out ? 
 
402 TRIAL OF HENRY WIRZ. 
 
 A. Through tlie south gate ; we were not allowed to take men out by the 
 north gate. 
 
 Q. How came you to carry that man out? 
 
 A. Lieutenant Davis had ordered the sergeants that whenever a man died in 
 a detachment, the sergeant of the detachment should detail men to take the 
 body out. I was there, and I thought if I could get away by going out, I 
 would go out, of course. 
 Q. Did you get a pass t 
 
 A. We went up to the gate with the dead man, and, of course, they passed 
 U8 out. 
 
 Q. What time of the day was that? 
 A. About dinner time ; about the middle of the day. 
 Q. How far did you carry the body ? 
 
 A. From there to the dead-house, which was about one hundred yards from 
 the prison. It may have been a little farther, and, perhaps, not so far. 
 
 Q. Was anybody along with y'ou at the time you went out with the dead 
 body? 
 
 A. Yes; a young man whose name was Stewart. 
 Q. Anybody else beside him? 
 
 A. Not that I know of. There was no one around there in a United States 
 uniform. 
 
 Q. Was there anybody at the dead-house when you went there? 
 A. I think there were a couple of negroes, who were engaged in hauling 
 away the dead. 
 
 Q. Did you deliver the dead body there? 
 
 A. We delivered it at the dead-house, not exactly putting it into the dead- 
 house, because the line of dead bodies extended out from the dead-house. 
 
 Q. Where were you when you met Captain Wirz? 
 . A. About half the distance between the stockade and the dead-house. 
 Q. Were there any of our soldiers near you ? 
 
 A. If there were they were inside the stockade. I saw some men around 
 there, but they had not on our uniform. 
 Q. How many did you see? 
 
 A. I did not count them ; there may have been from five to twenty. I did 
 see some men about, but I did not take pains to count them. 
 Q. Describe the circumstances once more. 
 
 A. Captain Wirz rode up and asked us by what authority we were out there. 
 I was going to speak, when Stewart spoke up and said that we were out by 
 proper authority. Captain Wirz immediately drew a revolver and shot Stewart. 
 
 After he was shot the guard 
 
 Mr. ScHADE. Never mind that ; you have told us that before. 
 Q. Was that all that Steward or you said before Captain Wirz shot Steward ? 
 A. I was talking with the guard at the time he lode up. 
 Q. Was the guard with you ? 
 A. The guard was with us. 
 
 Q. You stated yesterday that you went alone with the dead body to the dead 
 house? 
 
 A. I did not so state. The guard was with us. (To the Court.) By the guard 
 1 mean a sentinel. 
 
 Q. And when Captain Wirz came. Steward told him you were there by 
 proper authority ? 
 A. Yes. 
 
 Q. Did anything else pass between you ? 
 A. Nothing else that I recollect. 
 Q. Was anything else said or done? 
 A. I think Captain Wirz made some remark like this : '' Damn you, you 
 
TRIAL OF HENRY WIEZ 403 
 
 talk that way to me, do you 1" I think that was what was said, but I am not 
 positive. 
 
 Q. How close were you to Captain Wirz ? 
 
 A. I was standing right close. There was one of us on one side of the 
 guard and one on the other. At the time he rode up, the guard stepped off 
 and made us go in front. There were other men around, but we were the only 
 two United States soldiers present. 
 
 Q. Do you mean to say Captain Wirz shot Steward while he was protected 
 by the guard ? 
 
 A. Yes, sir ; he was uncler guard at the time. 
 
 Q. And Captain Wirz shot Steward simply because he said " that you were 
 out by proper authority?" 
 
 A. Whether he shot him because he said that to him, or because he was a 
 Yankee, I do not know. I leave that to himself; but that was all that Steward 
 aaid to him. 
 
 Q. There was nothing else done or said 1 
 
 A. Not that I know of. 
 
 Q. How many guards were present ? 
 
 A. When we went out there were two guards with us ; on our return there 
 was but one. I do not know where the other guard was. I was talking to the 
 guard. I acknowledge that I was trying to bribe that fellow — trying to get 
 away. 
 
 Q. Did Captain Wirz know anything about your intention to get away ? 
 
 A. Not that I know of. If he heard it, he must have got it from some one 
 who told him, but I never told anybody. 
 
 Q. To what regiment did the guard belong ? 
 
 A. I do not know. I never asked Johnnies to what regiment they belonged. 
 I didn't talk to them only when I wanted to get away. Then I was a little 
 polite to them. 
 
 Q. How far is the dead-house from the stockade? 
 
 A. About a hundred yards. 
 
 Q. Did you ever carry out bodies there before I 
 
 A. That was the first I ever took out, I believe. 
 
 Q. Was it the last ? 
 
 A. I think it was. 
 
 Q. Then you do not know whether it was customary for guards to accompany 
 men when they were carrying out bodies to the dead-house 1 
 
 A. It was customary. If there were two or three men going out, there was 
 a guard sent to each man. The guard would bring them back to the sergeant 
 of the guard, and they would be put back into the stockade. 
 
 Q. What was done or said after the shooting of Steward ? 
 
 A. Captain Wirz told the guard to see what he had. The guard examined 
 him and found twenty or thirty dollars with him. I think it was thirty dollars. 
 Captain Wirz took it from the guard, and ordered the guard to tiike me back to 
 prison. 
 
 Q. How many persons were present at that time 1 
 
 A. I did not count them. I know that there were two came up after the 
 man was killed. I think that was all who came near. 
 
 Q. What time of the day was it when Steward was killed ? 
 
 A. About the middle of the day, I think. 
 
 Q. And there was no other person present but you and Captain Wirz ? 
 
 A. There was me and the guard, Captain Wirz and the man he killed. I 
 should state that two or three other men came up after Steward was killed. 
 
 Q. Could not the sentinels on the top of the stockade see you ? 
 
 A. They could have seen me from the gate. 
 
 Q. How far from the bake-house did this occur ? 
 
404 TRIAL OF HENEY WIRZ. 
 
 A. There was a house they called the cook-house which stood about two 
 hundred yards from the dead-house, or it might be farther. 
 
 Q. Was it between the cook-house and the dead-house that this occurred ? 
 
 A. No. It was between the stockade and the dead-house. 
 
 Q. Was it nearer to the stockade than it was to the bake-house ? 
 
 A. I would say it was. 
 
 Q. What day did that happen 1 
 
 A. It was just as much as I could do to keep the month, let alone the day. 
 I do not know the day, and would not wish to say, because I could not be pos- 
 itive. 
 
 Q. What time did you finally leave the prison? 
 
 A. I do not know what month I left Andersynville, but I got away from 
 Savannah in November or December. 
 
 Q. From where did you escape 1 
 
 A. From Savannah, Georgia. 
 
 Q. Have you not got an idea as to what month it was you made your escape 1 
 
 A. I think it was in November or December. I recollect lying for two weeks 
 at the house of a lady in Savannah, whose name is Maggie Dowd. She is from 
 Brooklyn, New York. She concealed me until General Sherman arrived at 
 that place. 
 
 Q. How long was that after you left Andersonville ? 
 
 A. I do not know exactly how long it was. 
 
 Q. Can you not state how many weeks it was after you left Andersonville 
 that you got to Savannah ? 
 
 A. I would say it was about two weeks. It probably may not have been so 
 long. We were stopped on the road at different stations. I do not know 
 exactly how long it took us to go there. 
 
 Q. How long were you at Andersonville prison altogether? 
 
 A. From June, 1S64, till October or November, 1864, about five months. 
 
 Q. How long before you left Andersonville did the shooting of Steward take 
 place ? 
 
 A. It was some time befoi'e I left ; it may have been two months, or it may 
 not have been so long. 
 
 Q. When did the shooting of Steward take place ? 
 
 A. That was in September ; I would not be certain what part of the month. 
 I know that it was after I had been in the stocks, and I was in the stocks the 
 last of August 1 was in the stocks for four days. It may have been the mid- 
 dle of September, or it may have been later. Sometimes a man could not even 
 keep the track of the months there, and therefore I will not be positive on oath 
 about the date. I want to be sure on my oath when I speak. 
 
 Q. How long weie you in prison after the shooting affair ? 
 
 A. I may have been there two months. I went away among the last of the 
 prisoners who went away from there. 
 
 Q. After your friend was shot and Captain Wirz ordered you to be put in 
 prison, how long did you remain in prison ? 
 
 A. About two months ; probably not so long. 
 
 Q. I do not mean in stockade ; but I mean in prison, as a punishment ? 
 
 A. I was only put in the stockade. 
 
 Q. Then Captain Wirz did nothing else to you but order you back into the 
 stockade ? 
 
 A. That is all. 
 
 Q. Did you see Lieutenant Davis at the time the shooting took place ? 
 
 A. Not that I know of. 
 
 Q. Did you see him after you got back again ? 
 
 A. Yes, sir ; I saw him afterwards. 
 
 Q. After the shooting took place 1 
 
TRIAL OP HENRY WIRZ 405 
 
 A. Zes, I saw him at Savannah, Georgia, and I also saw him take charge of 
 the prisoners at the gate. 
 
 Q. Did you see him at Andersonville prison after the shooting ? 
 A. Yes, I saw him at the gate. 
 
 (See testimony of witness in regard to " private property taken from prison- 
 ers," in connection with the identification of Captain Wirz as the person who 
 shot Steward.) 
 
 -THE SUFFERINGS (iF THE PRISONERS. 
 
 The witness, by permission of the court, made tlie following additional state- 
 ment : 
 
 I wish to state a few words with regard to the punishment of the prisoners. 
 The rations which the men received in the day were a small quantity of corn- 
 bread, sometimes meal, sometimes rice, sometimes what they called boiled mush — 
 half boiled. In addition to that, we got some rice soup sometimes, beef heads 
 of cattle that were spoiled, with maggots on them. We also got beef that was 
 cooked up and made soup uf. The soldiers would take it in their caps or hats. 
 We were served with salt twice a week ; that was put in the men's hands by 
 the sergeants of each squad. They took and ate it just the same as stock are 
 salted. We got wood about the size of a yard-stick, and as thick as a man's 
 finger. Sometimes we got none. I rec,ollect that on the 3d of July, 1864, 
 there came an order ipto the stockade to prepare ourselves the next day for a 
 big dinner we were to get. We all felt well, but on the 4th of July we got 
 nothing. I am sure and certain, on my oath, that I have seeu at times thousands 
 and thousands of hands stretched forth to one man in the sentry-box, begging 
 for his dinner. I have seen men shot under the dead-line. I have also seeu 
 men shot in the brook. At the time Stoneman made his raid there was a shot 
 fired over the prison. When new prisoners came into the stockade, we were 
 not permitted to warn them of their danger in regard to the dead-line. They 
 would immediately run to the brook for fresh water, would probablj' get over 
 the dead-line, and be fired upon by the sentries I have seen as high as six or 
 seven men killed and wounded at that place. Besides that, I have heard shriek- 
 ing and holloing day and night, and have seen men falling and dying in every 
 direction. At the prison gate there is a graveyard, close at hand, where I can 
 safely say that twelve thousand of our brave boys are buried in the Georgia- 
 sand, and from nothidg else but sheer starva.tion. They died from starvation ( 
 and vaccination. I heard a young man call his father up to him, and say to 
 him, "Father, when you get home, tell them that I die from want." /■ 
 
 The Court. That will do. 
 
 the power of captain wirz to grant furloughs. 
 
 September 23, 1865. 
 
 Captain J. H. Wright, recalled for the prosecution : 
 
 I was a lieutenant in the 55th Georgia regiment. I was captured at Cumber- 
 land Gap, subsequently made my escape, and was sent to Andersonville, with 
 the remnant of my regiment, as quartermaster for the troops there. I was in 
 the rebel service. I arrived at Andersonville in February, 1864, and remained 
 there until the following February. I know the prisoner, Captain Wirz. He 
 took command of the prison the latter part of March, Orthe first of April. He 
 continued in command till I left. 1 know something about his giving or approv- 
 ing furloughs. In absence of the post commander, he assumed command of 
 the post, and furloughs that were sent up by the regimental ofiicers, approved 
 by them, were countersigned by Captain Wirz. I know of Captain Wirz giv-j 
 ing furloughs to his superior officers in rank. I don't remember certainly having 
 
r 
 
 406 TRIAL OP HKNRY WIEZ 
 
 seen furloughs given to superior officers, but I know superior officers have ob- 
 tained furloughs when hq was in command of the post. I have never seen him 
 sign furloughs — such furloughs, but presume he did so, as I have seen him sign 
 furloughs approved by them for their men. — (See testimony in regard to shoot- 
 - ing of prisoners by the guards.) 
 
 THE POSSIBILITY OF MAKING SHBLTER FOR THE PRISONERS. 
 
 The extension of the stockade was made under the direction of Colonel Per- 
 sons. I superintended the work voluntarily. The prisoners did the work 
 themselves. I think I had about one hundred white men and thirty colored 
 troops under my charge. Those hundred men were prisoners of wai- — Union 
 soldiers. The stockade was extended about eleven acres, if I remember cor- 
 rectly ; about one-third or a little more. If I remember correctly, the original 
 stockade was about seventeen acres, and it was extended over a third. It took 
 a little over three weeks, I think, to complete the job. We used nothing but 
 axes, spades, and shovels ; plenty of them were on hand at the time. I never 
 had any want of them. Captain W.- S. Winder marked out the prison and laid 
 it out. I made requisitions for money on the authorities at Richmond when I 
 was quartermaster. I made a requisition of $75,000 to pay off the troops that 
 were there in April, 1864. In our service, then, the quartermasters did the 
 duties of, paymasters. That money came. Captain R. B. Winder told me the 
 money was sent through him to me, and that he had used the money. I never 
 received that money. I do not know how he used it ; he merely told me he had 
 used the money, and had made a requisition himself, for money, and that when 
 he received it he would replace the $75,000, which he did — a portion of it in 
 the latter part of September. Captain R. B. Winder told me that he had no 
 orders to report to any quartermaster at all ; that he reported directly to Rich- 
 mond, and received his instructions from Richmond. He told me that all the 
 quartermasters in that vicinity had been ordered by the quartermaster general 
 to furnish him what supplies he needed — to fill his requisitions. While I was 
 there, there never was any difficulty about getting negroes. I remember the 
 time the engineer came there to build the fortifications. I know he had a great 
 many negroes ; I do not know the number. This was in July or August ; I 
 think the latter part of July. I succeeded Captain R. B. Winder — that is, I 
 was left there temporarily until a man could be sent there. He left there in 
 October. He had all the tools and matters of that kind, in his possession, sent 
 to Millen, and all the transportation. He left me a few old horses and ambu- 
 lances and wagons. I had to go to work and get up what transportation I could 
 afterwards, myself. I got a few old broken-down mules from the convalescent 
 camp ; they generally commenced dying in a few days. I had no difficulty in 
 getting axes when I made requisition for them. Captain Wirz made requisition 
 on me for axes, and I had no difficulty in getting them. I think I left seventy- 
 five axes there. 
 
 U 
 
 EFFORTS OF LADIES TO RENDER ASSISTANCE TO THE PRISONERS. 
 
 I remember the time an effort was made by the ladies of Americus to send 
 in provisions to the prisoners. I was at the depot when the provisions arrived, 
 and Captain Reed, the provost marshal, told Dr. Head, who was with the ladies, 
 that the provisions could not go in. He spoke with an oath, and told them "he 
 would be damned if they should go in,'' and told them that " he would confis- 
 cate them," or something of that kind. Dr. Head went to see General Winder, 
 but what passed between them on the subject I do not know. R. B. Winder 
 was present at the depot, and several officers ; half a dozen of them were stand- 
 ing on the platform. I remember Winder's entering into conversation with the 
 
TEIAL OF HENKY WIEZ. 407 
 
 officers, when this man Stevens cursed Dr. Head, but I do not remember what 
 he said. Most of the officers entered into conversation about it, but T cannot 
 say what passed. 
 
 THE SUPPLY OF WOOD. 
 
 Wa,nt of transportation was the reason why there was not sufficient fuel fur- 
 nished to the prisoners there. Tliey could have been supplied by allowing the . 
 men to go out under guard; they were willing to go and "tote" it for them- 
 selves if they could have got out. I saw no reason why they could not do soj 
 
 THE POWER OP CAPTAIN WIUZ TO OEANT FURLOUGHS. 
 
 Cross-examined by Counsel : 
 I could not tell how often Captain Wiiz was commandant of the prison ;~ 
 whenever the regular commandants of the post were absent for any time. That 
 did not occur for any great length at a time ; they never could be absent for 
 more than a day or two at a time. I know that thirty days' furloughs were 
 given to confederate soldiers. I know they have been given by Captain Wirz, 
 or approved \by him at least. Let ma correct that ; I will not say thirty days' 
 furloughs, because he had no authority to give thirty-day furloughs — seven 
 days' furloughs. I do not think the commander of the post had any right to . 
 give furloughs for longer than seven days. .--^ 
 
 By the Judge Advocate : 
 
 That is my recollection. 
 By Counsel : 
 
 After General Winder came there he had authority to give thirty days' ' 
 furloughs, and I suppose when Captain Wirz was acting in his place he 
 could give such furloughs, but when Colonel Persons was there he had 
 authority to give only seven days' furloughs, and when Captain Wirz was act- 
 ing in his place he could only give seven days' furloun;hs. When the soldiers 
 who did guard duty wanted to get furloughs, th&y applied to the commander of 
 the post ; it went up, generally, from the officer commanding the company, ap • 
 proved by the officer commanding the regiment, and then by the commander of 
 the post. He could apply to Captain Wirz for a furlough if he commanded the 
 post, but if Captain Wirz did not command the post, he had no right to grant 
 furloughs to any such soldiers applying for furloughs, unless he was commander 
 of the post, if I understood it rightly. — (See testimony in regard to shooting ofl 
 prisoners by the guards,) 
 
 THE SUPPLY OP WOOD. 
 
 Q. Whoso business was it to bring ihe'fuel together for the prisoners 1 
 
 A. I cannot tell you how it was arranged when Captain Winder was there. 
 I know that after I took charge they required me to fnrnisli Captain Wirz with 
 such wagons as he wanted. He would make requisitions on me for so many 
 wagons for rations, so many for fuel, and such tilings. 
 
 Q. Could you fill such requisitions ? 
 
 A. Yes ; he knew what transportation 1 had, and he regulated his requisitions 
 proportionately. I gave him all I had. I used ambulance horses to do all the 
 other hauling, and worked the transportation to its utmost extent to supply the 
 prisoners. I did not have sufficient transportation ; I never had ; I could' not 
 get it. 
 
 Q. In the winter of 1865, did he not comfe to your office, stating that ho must 
 have more transportation ; that it was very cold, and that the prisoners were 
 freezing ? 
 
 ^Qi ■ . -, i- 1 — ii,„ ;„j„ ^„,i.,„„„>.:. „„;i q uestion withdrawn.) 
 
408 TRIAL OP HENRY WIRZ. 
 
 September 23, 1865. 
 
 Lewis Dyer, (colored,) for the prosecution : 
 
 I have been in the military service of the United Slates about fifteen months, 
 in the 12th United States colored troops; I am still in the service; I am 
 stationed at the Sanitary Home ; I am not under medical treatment. 
 
 TREATMENT OF UNITED STATES COLORED SOLDIERS AT ANDBRSONVILLE. 
 
 I was a prisoner at Andersonville about nine months ; from about the 29th 
 of July, 1864, till February 2d, 1865 ; I estimate that to be about nine months, 
 may be eight months ; I have given the dates of my arrival and of my leaving 
 there correctly ; I was there during the summer and winter. I was at work a 
 part of the time I was there inside the fort digging a well ; I stayed inside the 
 fort, I guess, very near a month ; I went from there back to the stockade and 
 was working outside, and then I went to the hospital, and from there I went to 
 Dr. White's house as a servant ; I was never a servant in Captain Wirz's house ; 
 I was Dr. White's servant about two months, I guess ; I wasn't employed any 
 other way ; I never worked in the graveyard; I went to the graveyard ; there 
 were colored men employed there; 1 was never at the graveyard when any of 
 the confederate officers would Come out there ; they served out mule meat to us 
 part of the time in the winter; I know it was mule meat from the gi'ain and 
 from the ribs ; I never received anytiiing for the extra labor I performed as a 
 servant there ; I was never whipped there. 
 
 NEGRO SOLDIERS WHIPPED BV WIRZ'S ORDERS. 
 
 I know a man that was whipped, or two men; Isaac Hawkins was stripped 
 and got 250 lashes by order of Captain Wirz ; he ordered him to have 500; he 
 was a colored man ; I cannot tell exactly when that occurred ; another prisoner 
 by the name of Abe Harris was whipped at Captain Wirz's house ; I do not 
 know what he was whipped for ; 1 cannot say what Hawkins was whipped for ; 
 it was said he was whipped for forging a pass ; 1 do not know anything about 
 it ; I do not know that I ever saw Captain Wirz do anything out of the way 
 to any prisoner at all ; I call whipping out of the way ; I never saw but one 
 man whipped, and that was Hawkins ; I did not see the two whipped who were 
 whipped at his house, but they told us at our quarters that they were whipped. 
 
 PROPOSITIONS WADE TO PRISONERS TO JOIN THE REBEL ARMY. 
 
 Q. Did Captain Wirz ever make any propositions to the colored soldiers in 
 regard to their leaving the United States service ? If so state what they were. 
 
 A. Nothing that I know of, more than he said he wanted the colored soldiers 
 there to join their army; that they would starve all- the white prisoners and 
 make them join us ; he said they would parole us and let us take the oath, and 
 that we could choose our masters down there ; he did not make propositions of 
 this kind with regard to our white soldiers ; I never heard him say anything in 
 regard to white soldiers, but his men who came down to our quarters told us he 
 was going to starve all the damned Yankees in the stockade or make them join 
 the southern army ; some of the guards around the stockade came to our quarters 
 and told us so ; they gave that as an order of Captain Wirz. , 
 
 THE SUPPLIES FROM THP, NORTH. 
 
 There was a lot of clothing came there that came from Richmond sanitary 
 commission clothing ; there were a few articles issued to the paroled men at the 
 cook-house, and some to the clerks at Captain Wirz's office, and that was all 
 there was issued ; I do not know what became of the balance ; they did not 
 give us any more; I saw some worn by confederate soldiers; I never saw any 
 given to the men inside the stockade. 
 
TRIAL OF HENRY WIRZ. 409 
 
 LKTTEHS FOR PRISOiVERS DESTROYED. 
 
 I have seen three thousand letters that came there ; Captain Wirz brought 
 them up to Dr. White's office for Captain Eeed's wife to j ead over ; she was to 
 take out everything in the letters, and then the letters wei'e burned ; this was 
 while I was a servant at Dr. White's ; I have seen money, postage stamps, 
 writing paper, needles and thread, and pictures taken from letters ; I assisted in 
 burning the letters ; they ordered me to burn the letters and I did so ; Mrs. 
 Keed conducted herself as near right at the time as she could, I believe ; she 
 made fun of the letters ; she read the Yankee letters and said she wa.? going to 
 burn them all up ; Dr. White was present sometimes. 
 
 MEN BITTEN BY THE. DOGS. 
 
 I saw the hounds at Andersonville nearly every day ; I heard them speaking 
 of a man being torn by the hounds ; I did not see the man ; I never observed 
 Captain Wirz or the surgeons talking about catching prisoners with the hounds. 
 
 VACCINATION. 
 
 I heard the surgeons make remarks in regard to what they were doing with 
 ; the Yankees. I heard them talk about it at nights ; one would say, " I poi- 
 soned-so many Yankees to-day;" one would say he poisoned five, and another 
 ten. They would be laughing and drinking and talking that way over it. I 
 did not recognize Dr. White in any of these conversations. The surgeons 
 would be at his house sometimes at night, and would be going on in that way. 
 That was while I was a servant at Dr. White's. I never heard Captain Wirz 
 join in any of these conversations. I never received any compensation from Dr. 
 White ; he never made any proposition to pay me. Captain Wirz ordered me 
 to him as a servant ; T was there about two months. I do not know that I ever 
 heard Captain Wirz give any particular order to the surgeons with regard to 
 vaccination; more than that they were to vaccinate the men in the stockade on 
 account of small-pox, I never heard Captain Wirz talk of it with the surgeons- 
 I Lave not heaid anything more than some of the doctors say they were going 
 to vaccinate all the Yankees there, and kill them off, or take their arms off. They 
 were the same doctors I would hear laughing about poisoning the prisoners. I 
 'never heard Captain W^irz say anything about the vaccination. I ha,ve noticed the 
 result of the vaccination ; I have seen men going around who had been vaccin- 
 ated, and two or three days after all their arms would be eaten out, and their ! 
 arms would have to be taken off. "^ 
 
 TREATMENT OF UNITED STATES COLORED SOLDIERS AT ANDERSONVILLE. 
 
 Cross-examined by Counsel : 
 We would come out of the stockade during the day, and then go back at 
 night. After digging the well in the fort, I returned to the stockade ; I did not 
 do anything in the stockade till the morning ; I came out again ; I never dug 
 any wells inside the stockade ; I was treated just the same as any of the rest — 
 just the same as all the prisoners were treated. I was treated tolerably well 
 while I was at Dr. White's house, but Lgot the same rations that I got at the 
 stockade. I never received any ill-treatment from Captain Wirz. 
 
 NEGRO soldiers WHIPPED BY VSflRZ'S ORDERS. 
 
 I saw only one man whipped, and that was Hawkins. I do not know the 
 reason why he was whipped. Harris, the man who was whipped, was a colored 
 soldier ; I did not see him whipped ; I did not see any other colored men 
 whipped ; I did not see any white men whipped, but I have known it to be done. 
 
410 TRIAL OF HENRY WIRZ. 
 
 THE SUPPLIES FROM THE ^'ORTH. 
 
 Q. Ho;v do you know that the clothing you saw some confederates wearing 
 was that sent from Richmond 1 
 
 A. That was what was marked on the boxes. I saw the boxes ; I saw the 
 clothiug when it came there ; I knew it was the same clothing because it 
 was new clothing, and I knew they had no other way to get it down there. 
 
 LETTERS FOR PRISONERS DESTROVED. 
 
 I saw a large number of letters opened ; it was done at Dr. White's. I do 
 not know that it was customary to open all letters sent to prisoners ; I never 
 saw any opened there before. I cannot tell to whom the letters were directed ; 
 they were addressed to the prisoners. I cannot remember when I saw the letters 
 opened ; it was along in the latter part of the summer. I think there were 
 about 25,000 or 30,000 prisoners there when those letters arrived. 
 
 By the Court • 
 I saw about three hundred or fonr hundred dollars in money taken from the 
 letters at Dr. White's house. The money was greenbacks and silver. Mrs. 
 Reed kept it there in a box until the prison was broken up. There was no 
 memorandum made of what letters the things came out of; she just opened 
 them, took the things out; and threw the letters aside. 
 
 AGREKME.^T BETWEEN THE PROSECUTION AND DEFENCE AS TO RECORDS IN 
 
 EVIDENCE. 
 
 The Judge Advocate. There are some letters in the letter-book of the pris- 
 oner to which I had intended to call attention ; but as an agreement in regard 
 to the records has just been' entered into between the counsel for the deferfce 
 and Major Hosmer and myself, we will not at this time call any special atten- 
 tion to the records or any part of them. I will read that agreement, that it may 
 be entered on the records : 
 
 Military Commission, 
 
 September 23, 1865. 
 It is agreed by counsel for the prisoner and the judge advocates for the government that' 
 the following records be admitted in evidence, to wit: 
 Hospital Register and Indexes ; 
 
 Death Register ; ' 
 
 Journal kept by Henry Wirz ; 
 
 Letter Book of Henry Wirz ; and such other records of the Andersonville prison as may he 
 found hereafter, with tlie condition, however, viz., that the records so introduced in evidence 
 be open to such objection as may be legally interposed by either party, and with the under- 
 standing that neither party shall be bound by said records except so far as they may legally 
 and properly so bind him. The purpose in so introducing said records being only to assist 
 the court ii^ arriving at the truth. 
 
 N. P. CHIPMAN, 
 Colonel, ^-c, Judge Advocate. 
 0. L. BAKER, 
 Counsel for Henry Wirz, 
 
 Mr. Baker requested that the judge advocate specify any particular letters 
 to which he proposed to refer in making out the case for the prosecution, so that 
 the defence might be prepared to meet any inferences drawn from them against 
 tlic prisoner. 
 
 The Judge Advocate remarked that it was as improper at this time to argue, 
 the evidence presented by the record, as to discuss the testimony given by the 
 witnesses. On the argument of the case the judge advocate would refer to 
 such letters as he might deem important, and the counsel for the defence could 
 do the same. 
 
TRIAL OF HENRY WIRZ. 411 
 
 Mr. Baker. As we have to make our argument first, will the judge advo- 
 cate designate, at some time before the argument begins, what letters he pro- 
 poses to refer to ? 
 
 The Judge Advocate. Yes, sir, I will do so. 
 
 The President. The judge advocate is bound to do that for the informa-^ 
 tion of the court. 
 
 THE tOW^ER OF CAPTAIN W[RZ TO GRANT FOI'.LOVGHS. 
 
 The Judge Advocate. There is one short letter contained in this letter- 
 hook to which I will now direct the attention of the court, as it has reference 
 to the power of Captain Wirz with regard to the granting of furloughs : 
 
 Headciuarters Commandant of Prison, 
 
 Camp Sumter, June 17, 1864. 
 Captain : I have the honor to report Lieutenant Wolfe, company , 57th Georgia vol- 
 unteers, as being absent without leave. 
 
 Lieutenant Wolfe was assigned for duty to me by the officer commanding post. On Sat- 
 urday last he applied for a furlough for two days. On yesterday I received a letter from him 
 stating that he could not return, and asking for an extension of his furlough until Tuesday 
 next. 
 
 I am, captain, most respectfully, your obedient servant, 
 
 H. WIRZ, 
 Captain Commanding Prison, Camp Sumter, Gcorffia. 
 Captain W. S. Winder, 
 
 Assistant Adjutant General. 
 
 (See testimony in regard to shooting of prisoners by the guards.) 
 
 PROPOSITION OF THE JUDGE ADVOCATE IN REGARD TO CLOSING THE PROS- 
 ECUTION. 
 
 The Judge Advocate. The government has four or five witnesses yet re- 
 maining, one or two of whom will be here, it is hoped, on Monday ; but as they 
 will probably testify to no new facts, we prefer to close, informally, to-day, 
 with the understanding that such witnesses as may hereafter come shall be 
 allowed to testify, and that any new matter, if requiring to be met by proof, 
 may he so met by the defence, any necessary time bein^ given for that purpose. 
 There will be also certain record evidence connecting the Richmond govern- 
 ment with the Andersonville prison, which we shall introduce before the trial 
 finally closes. 
 
 The court is aware, also, that we propose to introduce a set of photographs, 
 embracing nine or ten views of Andersonville prison, taken on the spot. 
 
 With these reservations, we propose now to close informally. . -% 
 
 Mr. Baker remarked that it appeared to him that the government was pro- 
 posing to hold in reserve too much important matter. He had no objection to 
 the examination, hereafter, of those four or five witnesses who would testify on 
 points which had already been gone over — who would give merely cumulative 
 evidence ; but in reference to the records which may be introduced with regard 
 to the Richmond authorities, he could scarcely consent that the prosecution 
 should close until all such evidence had been introduced. 
 
 The Judge Advocate. The gentleman makes the same mistake which he 
 has made throughout this trial, in supposing that the investigation outside of the 
 conduct of Captain Wirz is entirely in his keeping. The fact is that he has no 
 right whatever to appear for" any person other than Captain Wirz, except so far 
 as it may be necessary to exculpate the prisoner from the charge of conspiracy 
 with others. ' The counsel has no right to follow the government in its pursuit 
 of any other persons than Captain Wirz. I say this that the court may not 
 take into consideration the gentleman's objection to the introduction hereafter of 
 testimony bearing upon Jefferson Davis, Robert E. Lee, or any others connected 
 
412 TRIAL OF HENRY WIRZ. 
 
 with the late rebel government. This is an investigation which is legitimate 
 tinder charge first ; while the prisoner, I think, has quite enough to do to defend 
 himself under charge second. So far as regards his personal relations and con- 
 nection with higher authorities, he is just as competent to defend himself at one 
 time as another. He has only to explain his conduct for the past year and a 
 half, and if he should succeed in doing so he will have explained away all the 
 charges connecting him with the conspiracy. I hope, therefore, that the court 
 will consider favorably the proposition now made on the part of the government 
 to close its case with the conditions stated. I do not see how the prisoner can 
 he thereby prejudiced. 
 
 Mr. Bakek. Anything that the prosecution may choose to introduce which 
 does not affect Captain Wirz, will be, of course, immaterial to me. But the 
 allegation in the charge is that the prisoner has conspired v/ith certain persons 
 named, and the court insists that he has conspired with certain persons not named. 
 Who those persons are we have no means of knowing. Bat if the judge advo- 
 cate will put it upon the record that what he wishes to introduce has nothing to 
 do with Captain Wirz, then I have nothing to do with what he intends to intro- 
 duce. 
 
 A Member of the Court. That the judge advocate cannot do. 
 
 Mr. Bakek. Then, of course, I have the right to insist that whatever has 
 anything to do with Captain Wirz I have a right to defend him against. I 
 think ^hat I have answered the suggestion of the judge advocate clearly and 
 fairly. In regard to any evidence affecting Jefferson Davis, or anybody else, 
 if it is not connected with my client, I will not take up a moment's time in meet- 
 ing it. But if it may affect my client in any way, then T must insist upon 
 every legal right in order to meet it effectually. This is what I am bound to do. 
 The eyes of too many people .are upon me for me to admit any thing against my 
 client. Apart from that I will do with the greatest pleasure anything to accom- 
 modate the judge advocate. 
 
 The President. Why does the judge advocate wish permission to introduce 
 testimony hereafter? 
 
 The Judge Advocate. Merely to save the time which would be consumed 
 in waiting for it. i 
 
 Tlie Pbesident. Is there any necessity for it ? 
 
 The Judge Advocate. In my view there is a very great necessity. I regard 
 it as' a national necessity to show up the infamy of those connected with the late 
 rebel government. 
 
 The Presiuemt. Have you not the testimony at hand 1 Have you sent for 
 the witnesses ? 
 
 The Judge Advocate. I have sent for many witnesses, but when they 
 come here they prove in many instances to be not the persons I expected, or 
 they have no knowledge of the facts which I am seeking to establish. This 
 makes it necessary for the government to send for other witnesses to bring out 
 important facts under the first charge. This evidence may not be material so 
 far as regards the prisoner, but it is important as touching greater and weightier 
 interests. 
 
 The President. Is the testimony of a general character, or has it any par- 
 ticular reference? 
 
 The Judge Advocate. It is testimony of a general character not bearing 
 directly upon the prisoner, but bearing upon others named and not named. 
 
 The President. How long will it probably take you to get that testimony 
 here ? 
 
 The Judge Advocate. I cannot speak with any definiteness on that point. 
 I have already said on the part of the government that if the prisoner should 
 be in any way prejudiced by this additional evidence, so as to be compelled to 
 
TRIAL OF HENRY WIRZ, 413 
 
 make an additional defence, the representatives of the government will not 
 resist an application for moie time. 
 
 Mr. Baker. Will you let us be the judge whether we do or do not reqxiire 
 additional time ? 
 
 The JuD(5E Advocate. No, sir. I leave all such questions, as it is proper 
 they should be left, witii the court. ^ 
 
 Mr. Baker. If this matter can he arranged in any way so that I can consent 
 to it without subjecting myself to the censure of having compromised the rights 
 of my client, I will consent 
 
 The Judge Advocate. I have given you the pledge of the government 
 that if you should be prejudiced by this additional testimony, and require more 
 time for your defence, the government will not resist your application for a con- 
 tinuance. If you ask more than that, you ask more than I have a right to 
 pledge. 
 
 The President. The question of granting a continuance must always be 
 left to the discretion of the court. 
 
 The Judge Advocate. So I understand I simply say that neither I nor 
 my associate will resist such an application, 
 
 Mr. Baker. Very well. I will not resist the proposition of the judge advo- 
 cate. I trust to the justice of the court to grant us every proper facility in 
 making out our defence. 
 
 The Judge Advocate, With the understanding which I have indicated the 
 government now clpses. 
 
 Mr. Baker. I propose in a few moments to submit a motion; but before do- 
 ing so I will call a single witness, Mr. Craudall, who has already been examined 
 on the part of the government, and who is very desirous to return to his home 
 immediately. _ 
 
 the ABSEiS'CE OF CAPTAIN WIRZ FROM ANDERSONVILE DURING THE SUMMER 
 
 OP 1864. 
 
 September 23, 1864. 
 
 W. W. RANDALL, recalled for the defence : 
 
 Lieutenant Davis was at Andersonville during most of the month of August — 
 from among the first days of August; I cannot tell accurately when his com- 
 mand commenced, but, from among the first days of August until about the 
 a7th, 28th, or 29th of that month, he was reported to be in command, and gave 
 orders to us, and we looked upon him as our commander the same as we had 
 previously looked upon Captain Wirz ; we had nothing to do with Captain 
 Wirz during that time. 
 
 Cross-examined by the Judge Advocate: 
 I never knew of his exercising any authority over us during the time Lieuten- 
 ant Davis was in command ; he might have exercised authority over others ; I 
 speak of my own knowledge about no authority being exercised over us ; I am 
 not certain as to the time when Davis took command, but I am quite certain as 
 to the time that Captain Wirz took command again ; I can merely state the 
 time Davis took command from the best of my recollection ; I think it was 
 among the first days of August — perhaps in the first week of August — and he 
 was relieved about the 27th, 28th, or 29th ; he was relieved on one of those 
 days, because Captain Wirz was there and gave orders, so that I supposed that 
 he was then our commander ; I recollect his giving an order to us — of my 
 squad — at the buiial ground on one of those days ; I presume we might have 
 seen Lieutenant Davis twice a week during that time ; we saw him at irregular 
 times ; I know nothing of Captain Wirz, except that we had nothing to. do with 
 him during that time ; I did not see him during that time. 
 
414 TRIAL OF HENRY WIKZ. 
 
 By the Court : 
 When I speak of " us " and " we," I refer to myself and the squad of grave- 
 diggers to which I belonged ; Davis had been there before that time a short 
 period at a time, but I could not tell whether he remained there — in fact, I 
 knew but little about him, except that I saw him occasionally during those two 
 or three weeks which I have spoken of; I do not remember that I ever saw 
 any order signed by him as lieutenant commanding the prison ; all the orders 
 that I ever knew coming from him were verbal orders to us in the squad. 
 
 COUNSEL FOR THE DEFENCE ASK A,\ ADJOURNMENT OF THE COURT FOR A WKEK. 
 
 ( Mr. Baker. I have now a motion to make, of which the court has already 
 bad some intimation — that is, that the court now adjourn for a sufficient length 
 of time to enable the defence to prepare their case. I ask for at least a week 
 from next Tuesday. My reasons for asking this I have hastily written down, 
 and, with the permission of the court, I will read them. 
 
 1st. That, coming into the case at the day of its opening, I have had no time 
 to do more than keep along daily with the examination of witnesses put upon 
 the stand by the prosecution. 1 have had no time to inform myself what wit- 
 nesses the defence have here, nor what they will testify to generally, nor upon 
 what points any certain witnesses will testify. Upon all these matters I must 
 now inform myself by calling our witnesses together, and learning from them 
 what they know, and upon what facts in the case they can testify. To do this 
 requires time, which I must ask of the court. 
 
 2d. There are many points in the prosecution just closed, as there is in every 
 case, and more especially in cases of the magnitude of this, which admit of, and 
 require at our hands, complete refutal and contradiction. This I know can be 
 done, but it necessitates the labor of overlooking the testimony and documents 
 of the prosecution, which, numbering several thousand pages, requires much 
 research and time. 
 
 A third reason, and one which I regret to offer, is, that the labors devolving 
 upon me in this case have proven quite too heavy for me, and my own health 
 requires that I should have a few days' rest. I regret to ask any favor of this 
 court, for reasons personal to myself. But when I state to the court that I am 
 unable to go further with the case without rest, I trust the court will do me the 
 hotior to believe that the statement comes, not from a wish, but. from an im- 
 paired condition. 
 
 A fourth reason, and the all-important one in our defence, is this — and to 
 give it more weight with this court, by being the more clearly seen, I must state 
 it in comparison with the means and powers of the government : The govern- 
 ment has shown a commendable disposition to do in the general what could he 
 made strongly to appear to be necessary for the defendant ; but it should bear 
 in mind that it had consumed many months before the trial commenced in pre- 
 paring the prosecution. 
 
 The President. Many months? 
 
 Mr Baker. Yes, I have reason to think so. 
 
 The Judge Advocate. This is the first information the government has had 
 of it. 
 
 Mr. Baker. Well, if I am wrong in my statement, let it go for what it is 
 worth. The learned gentlemen conducting the prosecution have had the advan- 
 tage of all the facilities coming from that most efficient department known as the 
 Bureau of Military Justice, and I may add, with honor rather than disrespect, 
 the advantage of the advice and judgment of that truly able and worthy public 
 servant, Judge Holt, in devising the path for them to pursue. They have had 
 money untold, if needed, at their command. They have agents, servants, clerks, 
 And reporters for every convenience, for every want. They have had the whole 
 
TRIAL OF HENRY WIRZ. 415 
 
 or any portion of the detective and military force of the country to search and 
 look up and bring before them any and every person who could in any way, or 
 by the slightest word, throw any light upon their side of the case. In a word, 
 then, they have had all that a great, earnest, and a powerful government could 
 with propriety bestow in accumulating the whole debris of the fallen southern 
 confederacy upon the head of Captain Wirz. 
 
 But of this I do not complain, for I recite it only in comparison. How is it, 
 now, with the defence 1 Captain Wirz lies before you with a mind so shattered 
 that he is unable even to give his counsel reliable information upon the most 
 vital points of his defence. He has not even the means to procure the necessi- 
 ties of a sick man, much less to defray the expenses incident to a trial like this. 
 He has books and documents, but thej' have, until to-day, been kept from his 
 counsel by the government. He has witnesses, like the government, in all por- 
 tions and in almost every State and village of the country. Some of these have 
 come at bis request, but many more are kept away, even after being subposnaed, 
 because of their want of means to come. Others obey your writs, and say, 
 " We have seen the charges, and we can say, from our long stay at Anderson- 
 ville, that such and such ones are not true ; but we have no means to come, un- 
 less you send it to us." 
 
 Tne residence of others who are most important are known, but can only be 
 caught by sending messengers to find out and serve them. But this is not all. 
 Some who have already arrived, from the necessities of their families and diffi- 
 culty to meet their expenses here, have left and gone away, while others have 
 only been retained by advances of money made by counsel themselves. 
 
 Other v;itnesses again write from a distance under fictitious names, asking if 
 they will be protected if they oome to testify. Others, who are most important 
 yet, will not come, unless, at a great expense, we send some one to bring them. 
 Here then is sickness and misery struggling against opulence and power. 
 Here is abject poverty grappling with untold millions ; here is a poor, destitute, 
 distracted, and shut up prisoner, with powerless and inefficient counsel, endeavor- 
 ing to compete with all the ability and power and meaus that the most powerful 
 government can bestow to crush him. 
 
 Truly, gentlemen, I may say, that we as his counsel, in all our good intentions, 
 are but presumntuous, we in our weakness do bat insult the majesty of our 
 government when we attempt so much. For these reasons, I ask that the 
 court give us at least until a week from next Tuesday, before we enter on the 
 defence. And if during the mean time, for the want of means, we cannot get 
 together the distantly separated elements of our defence, I, for one, shall feel 
 it my duty to relinquish it entirely. Lest any misconstruction be put upon my 
 language, and it be said I want confidence in our cause, I must reiterate that 
 I believe that Captain Wirz has a good and complete defence. 
 
 The Judge Advocate. So far as regards the application made by the counsel 
 for the defence, I leave that entirely to the discretion of the court ; but I feel it 
 my duty, in behalf of at least one hundred soldiers of the army of the United 
 States, who have testified here and whose testimony is as yet unimpeached, to 
 resent as an insult to them the last remark of the gentleman, which would seem 
 to imply that they have all testified falsely. 
 
 Mr. Baker. No such inference can justly be drawn from any remark which I 
 have made. We may admit that the horrors of Andersonville are indescribable 
 by tongue or pen, yet still we may be able to show, as we confidently hope to 
 do, that for those horrors Captain Wirz is not in any way responsible. We all 
 know that prison discipline and military control are necessarily harsh as compared 
 with civil life, and they may embrace many things which look almost murderous ; 
 but I believe, from what the witnesses on our side tell me, that Captain Wirz 
 can evade whatever has been charged against him. 
 
 Several of the witnesses on the part of the prosecution have sworn positively 
 
416 TRIAL OF HENEY WIRZ. 
 
 that they saw the prisoner commit most barbarous acts of cruelty during the 
 month of August, 1S64; yet we shall show, by many witnesses who were con- 
 nected with the Andersonville prison, that Captain Wirz was at that time at 
 home, lying on his bed sick, and expected to die every day. With the greatest 
 respect for the judge advocate, I must remind him that sometimes, as we all 
 know, witnesses swear that they saw a person do a thing at a certain time, when 
 other witnesses show conclusively that the person at that time was hot within 
 miles of that place. Thus there were many things done at Andersonville in the 
 name of Captain Wirz, and as prisoners may have supposed were done personally 
 by the " Old Dutch captain," as they called him ; yet we expect to show that 
 he was not there at the time, and in fact was so sick as to be unable to stand. 
 If we can show that any of the witnesses on the part of the government have 
 been mistaken in their evidence, and that Captain Wirz is not the monster which 
 they may believe him to be, this court I apprehend will gladly listen to such 
 evidence for the sake of the honor of the country and the honor of humanity. 
 
 A Member of the Court. If the paper which has been read by counsel is to 
 go upon the record, I must say that it seems to me to contain statements which 
 are altogether unwarranted by the facts. The power of the government and 
 the helplessness of the prisoner are contrasted very unjustly. For instance, in 
 reference to the fa:cilities for procuring witnesses, I believe that the defence has 
 received from the government every facility for bringing its witnesses here. 
 
 Mr. Baker. We admit that. 
 
 A Member of the Court. You do not admit it in thit paper. 
 
 Then again it was stated that witnesses could not come on account of the 
 great expense. Certainly ic cannot be expected that the government should 
 pay witnesses in advance for their transportation and attendance. 
 
 The Judge Advocate. The government pays citizens summoned as witnesses 
 three dollars per day, and mileage. 
 
 Mr. Baker. I cheerfully admit that the government has shown a commend- 
 able disposition to aiford the defence every facility in procuring the attendance 
 of witnesses. I trust that no improper motive will be attributed to me in making 
 the application which I have submitted. I have tried to avoid insinuating any 
 blame against any person. I respect my government and those connected with 
 it too much to indulge in any disrespectful insinuations. If I have inadvertently 
 made any remark which may appear disrespectful, I trust that the court will 
 have the kindness to believe that nothing of the kind was intended. 
 
 The court was cleared for deliberation, and when the doors were reopened, 
 the president (addressing Mr. Baker) announced the decision of the court as 
 follows : 
 
 The motion for a continuance based upon your written application is overruled. 
 At the same time, in consideration of the state of your health, and as an act of 
 courtesy to you, the court has decided to adjourn until next Tuesday morning 
 at 10 o'clock. 
 
 The court thereupon adjourned uutil Tuesday, September 26, 1865, at 10 
 o'clock a. m. 
 
 THE SUPPLIES prom THE NORTH. 
 
 September 26, 1865. 
 Dr. M. M. Marsh, for the prosecution : 
 
 For the last two or three years I have had charge of the United States Sani- 
 tary Commission matters iu the States of Florida, Georgia and the Carolinas. 
 I was so employed from early in January, 1863, till the close of the rebellion. 
 I was stationed at Beaufort, S. C. While I was there, we received sanitary 
 stores for prisoners in the custody of the rebel government and purchased also 
 of a United States quartermaster. When we had not articles from other sources 
 
TRIAL OF HENRY WIRZ. 417 
 
 we purchased from United States quartermasters for that purpose. I forwarded 
 clothing and provisions, sanitary stores, to Andersonville, Ga., for the use of 
 the prisoners there. I made a memorandum of the amount of the articles sent 
 there, or had it made. 
 
 Q. Look at the paper handed you and state if that is the memorandum ? 
 
 A. That is it. It is a correct list of stores sent to Andersonville, Ga. Perhaps 
 I ought to remark that we were sending to five other points at the same time, but 
 in making out the lists we selected only those things that were put down in our 
 record as sent to Andersonville, Georgia. 
 
 The paper, of which the following is a copy, was offered in evidencs by the 
 judge advocate and is attached to the record. 
 
 Stores sent to prisoners at Andersonville, Georgia. 
 
 5, 052 wool shirts. 
 6, 993 wool drawers. 
 3, 950 handkerchiefs. 
 
 601 cotton shirts. 
 1,128 cotton drawers. 
 2,100 blouses. 
 4, 235 wool pants. 
 1,520 wool hats. 
 2, 565 overcoats. 
 5, 385 blankets. 
 
 272 quilts. 
 2, 120 pairs shoes. 
 
 110 cotton coats. 
 
 140 vests. 
 46 cotton pants. 
 
 534 wrappers. 
 69 jackets. 
 12 overalls. 
 ' 817 pairs slippers. 
 3, 147 towels. 
 
 5, 431 wool socks. 
 50 pillow cases. 
 258 bed sacks. 
 122 combs. 
 100 tin cups. 
 
 2 boxes tin ware. 
 
 4, 092 pounds condensed milk. 
 4, 032 pounds condensed coffee. 
 1 , 000 pounds farina. 
 1 , 000 pounds corn starch. 
 4, 212 pounds tomatoes. 
 24 pounds chocolate. 
 
 3 boxes lemon juice. 
 1 barrel dried apples. 
 
 Ill barrels crackers. 
 60 boxes cocoa. 
 7, 200 pounds beef stock. 
 Paper, envelopes, &c. 
 Pepper, mustard. 
 One box tea, 70 pounds. 
 
 I do not know exactly how much more of the qualities of coffee a pound 
 of condensed coffee contains than a ponnd of ordinary coffee ; in regard to the 
 beef stock, one pound is supposed to be equal to seven pounds of beef I do 
 not know about the coffee and milk, but I think onu pound is equal to five 
 pounds of the raw article. A portion of these articles were sent in the month of 
 July ; but a small portion of them. We began to send them quite regularly from 
 about the 10th or the 15th of August up to about the 1st of November, 1864. 
 I have no evidence that those articles were ever received at Andersonville ; all 
 I know respecting it is that 1 either personally or through some agent — I did 
 not do it myself but in two or three instances — passed the stores over to some 
 agent deputed by the confederate government to receive them. This agent of 
 the confederate government usually, not always, gave a receipt for the articles, 
 with a promise on my part that I should return that receipt when he obtained 
 a receipt from the persons to whom he delivered them ; if the things were sent 
 to a prisoner personally, why he returned that prisoner's receipt, or if he delivered 
 them to the .quartermaster, he handed me the quartermaster's receipt, and when 
 he did that I returned him his receipt^ That was done in many cases. I do ' 
 not know about his authority ; I know that I returned his receipt to him when 
 he produced a receipt from some party to whom he had delivered the articles. 
 That was not always the case, however; once ortwicesome of the agents who 
 were sent refused to give receipts ; they said they would transmit the articles 
 but they would not give receipts. It was a matter we cared very little about. 
 For instance. Colonel Waddy, on one or two occasions, I know of one certainly, 
 refused to give a receipt. He was a rebel agent. I refer now to the men who 
 were deputed by the. confederate authorities to receive the things ; sometimes 
 one man was deputed to receive it and sometimes another. Colonel Waddy 
 
418 TRIAL OF HENRY WIEZ. 
 
 was at one time, and Colonel Ley, of Charleston, who was formerly on General 
 Scott's staff. They came with authority, and others came. Perhaps I ought 
 to state how the matter was brought about. In the beginning of June or July 
 I wrote to the authorities of the Charleston jail, asking if they would receive 
 supplies for the prisoners who were in need. They very readily consented to 
 do so, and apparently in good faith did receive them ; they received them at a 
 ferry on Broad river, separating Port Koyal island from the main land ; two 
 places on the Savannah river, and one or two other places, were the points 
 designated for the flags of truce, and they received the articles there. They 
 would designate the time for the next meeting ; say if it was Thursday it would 
 be on the following Monday, and then the supplies would be forwarded in that 
 way. At first it was an individual business on my part, approved by them, 
 and the supplies received by them and receipts were given to me personally. 
 The goods received were first sent to Charleston jail, and not to Audersonville. 
 Subsequently it assumed that magnitude and importance that General Foster 
 thought it better to take it under his own supervision. He had before that, in 
 a private way, allowed ua flags of truce to enable us to do it ; he then sent 
 Major Anderson, his chief of staff, and other officers of his slafF, to see about 
 the matter, and finally an agent of exchange was appointed to meet an agent 
 of exchange appointed by the confederate government. That answers the 
 question whether there was authority or not. After that the matter passed out 
 of my hands, the agent appointed by Genrral Foster doing this business for 
 me. What first attracted my attention to Audersonville was, prisoners would 
 escape and come to us telling us of their destitute condition there. I must have 
 known it, I think, as early as June, 1864. I cannot tell the precise time, but it 
 must have been as early as that. In the official capacity I have named I 
 received mails, letters for prisoners at Audersonville. Letters would be sent to us 
 from friends in different parts of the country in large numbers. Some greenbacks, 
 government notes and sometimes gold would be in them. Postage stamps, too; 
 all that kind of circulating medium, gold, greenbacks, postage stamps, and silver 
 sometimes, though in small quantiies. I used at first to pass them over to the 
 postmaster at Beaufort, and let him hand them over to the agent conducting the 
 flags of truce appointed by General Foster, but subsequently I handed them 
 over directly to the agent appointed by General Foster, who transmitted them. 
 The number of letters was very large. I ceased to send provisions to Auder- 
 sonville in November ; there came an order from Washington forbidding it. 
 
 Cross-examined by Counsel : 
 I think we commenced sending goods of this description to Audersonville 
 about the 10th of August; we had sent elsewhere before that; this list em- 
 braces the goods first sent ; I made up this list from the entries made at the 
 time on our records ; it appears to be a copy ; it is copied from my records, and 
 the deliveries of these goods were scattered along at different times. My impres- 
 sion is that the first package was sent to Charleston, to be forwarded from 
 Charleston to Audersonville ; all of them were not sent to Charleston ; we sent 
 to places on the Savannah river and also to the ferry I have spoken of, besides 
 Charleston ; three difierent places ; I think the same agent was perhaps at all 
 three places, but one agent did not receive them all ; they were delivered at 
 different times, scattered along ; for instance. Colonel Ley, who received goods 
 at one place, may not have received them at another place, and again he may 
 have done so ; I cannot say as to that. I sent the stores from Beaufort my- 
 self; all of the goods did not go first from Beaufort ; some of them were bought 
 of the United States quartermaster at Hilton Head and were never sent to 
 Beaufort ; others bought of the United States quartermaster were sent to 
 Beaufort and repacked there ; we ordered some goods from New York ; I either 
 saw the goods ordered from other places or I had an invoice. A few 
 
I TRIAL OF HENEY WIRZ. 419 
 
 ■were ordered from New York and they came invoiced to me ; but the boxes 
 ■were not opened ; the boxes came to me and passed through my hands ; they 
 •were not directed to Andersonville in New York, but to me at Beaufort or at 
 Hilton Head. The boxes containing the goods on the list, not the goods, came 
 under my personal inspection, or it may be under that of some of my clerks ; 
 probably my head clerk, but he reported to me and I saw his list daily. They 
 went to Charleston and to two different places on the Savannah river, from me ; 
 when they iirst left me all of them did not go to Charleston ; some went to 
 Charleston, some went to this ferry of which I spoke, and others went to the 
 Savannah river. After they went to those three places they went into the 
 hands of those deputed by the confederate authorities at those places to receive 
 them ; I do not know that one of those persons was a Union officer detailed or 
 paroled by the southern government for that purpose ; I do ndt know that any 
 of our men were sent to those points ; I did not come personally in connection 
 with any of the men who received the goods. I did simply this : when the 
 goods were sent from Beaufort I sent an agent from my own establishment, who 
 committed them to General Foster's agent of exchange, and he took charge of 
 them until they passed into the hands of the confederate agent of exchange; 
 I received evidence of their going beyond the three places named ; I received 
 receipts showing they went to other places ; I did from Andersonville. I 
 could not tell what portion of the goods embraced in that list I received 
 receipts for as having arrived at Andersonville ; I could not tell about it, 
 for it was a thing that passed out of my hands. I was satisfied the things 
 were to be taken there feom the assertions of the agents and their manner 
 of conducting the exchange ; they seemed to be determined to take the 
 things there ; they said they would and I was satisfied with that ; and they 
 gave me the receipts which I have spoken of; and then again the receipts which 
 they obtained and which would come in a week or two subsequently, showed 
 that they had dealt honestly with them. I have no knowledge whatever what 
 proportion I received receipts for, not the least. 
 
 The Judge Advocate. In connection with this testimony I desire to call 
 the attention of the court to the following letter, written by the prisoner, and 
 which I find in his letter-book : 
 
 , Headquarters Commandant of Prison, '' 
 
 Camp Sumter, November Vi, 1864. 
 Captain : I received yesterday by railroad (18) eighteen packages of clothing for the 
 federal prisoners of war at this post, to wit : 
 Five bales of blankets, consisting of 399 pieces. 
 One box of shoes, consisting of 60 pairs. 
 Four boxes of pants, consisting of 240 pieces. 
 Three boxes of drawers, consisting of 396 pieces. 
 One box of socks, consisting of 396 pieces. 
 Four boxes of shirts, consisting of 'Aii pieces. 
 
 I shall distribute them without delay and forward you the receipts of the prisoners, when 
 completed. 
 
 Very respectfully, your obedient servant, 
 
 H. WIEZ. 
 Captain Commanding Prison. \ 
 Captain T. W. Neely, ,-- ' 
 
 Assi/tant Q,uartermaster. 
 
 the disposition of lieutenant colonel chandler's report showing the 
 condition of andersonville prison. 
 
 September 26, 1865. 
 
 J. B. Jones, for the prosecution : 
 
 I was a clerk in the rebel war department during the past four years. I received 
 from the mails all the letters addressed to the secretary of war ; they were 
 brought to me from the post office by messengers. It was my duty to open 
 
420 TRIAL Of HENRY WIKZ. 
 
 them and read them. I made a brief synopsis of the contents and sent them 
 to the secretary. The report of Colonel Chandler in relation to the Anderson- 
 ville prison was a report that should have gone to the adjutantgeneral, but that 
 document was sent lo my office by mistake. I turned it over and looked at it; 
 I did not pretend to read it. I read a few heads of paragraphs, and it was either 
 sent by me immediately to the secretary, or possibly, probably it was sent for 
 by the secretary, because he may have expected it. I did not read lengthy 
 reports ; indeed they did not come there. I was in the office after Mr. Seddon 
 took charge of the war department. I remained there till the evacuation, this 
 spring. I cannot be positively certain about his custom with regai-d to laying 
 business before the president, but he had frequent conferences with the presi- 
 dent, almost daily when they were both well. I have seen him going there, 
 taking his papers himself. 
 
 THE RELATIONS EXISTING BETWEN GENERAL WI.MDER AND THE AUTH0RITIK3 
 
 AT RICHMOMD. 
 
 I was at Richmond while General Winder was commandant ; he had several 
 provost marshals under him during martial law. The general impression with 
 regard to him was that he was fussy, and the official authorities did not like to 
 have quarrels with him, I don't know why they did not like to have quarrels 
 ■with him. I suppose because he was an old man and a little fretful, or 
 something of that kind, and because he had been sustained. I don't know 
 who his special protector was ; I only know that during martial law there, 
 his provost marshal. Major Griswold, (this was in 1862,) said that in regard to 
 certain matters about the destruction of tobacco, &c., he was acting under the 
 instructions and counsel of Mr. Benjamin, then secretary of state, Mr. Ran- 
 dolph being then secretary of war. 
 
 Q. Was there a clamor made against him and an effort made for his removal ? 
 A. Very great, in the community — very great. 
 Q. Who interposed i Who were his friends 1 
 
 A. That I don't know. He was appointed before Sf-cretary Benjamin vaca- 
 ted the office of secretary of war, and it was my belief that he still had him as 
 ■his counsel, and I suppose protector. I was in the war office all the time. I 
 have kept a diary ; that is a pri^-ate and secret literary enterprise of my own. 
 It will be published as soon as I am well enough to revise it. A large publish- 
 ing house in the north has contracted with me, and the custody of it was given 
 to them several months ago. I don't know whose particular favorite General 
 Winder was, because I had no opportunity or desire to watch General Winder 
 in his movements. I know, however, that he frequently went to the executive 
 office. Whether he went to see the president or Mr. Benjamin, it is impossible 
 for me to say. Mr. Benjamin's office was in the same building, on the same 
 floor, and in the immediate vicinity of the president's, in the old granite build- 
 ing, formerly the United States custom-house at Richmond. I do not know 
 how General Winder was regarded by the president. All I know is that he 
 was sustained in office by the president. There were a great many efforts to 
 effect his removal. The citizens wanted a southern man to be what they called 
 " master of Virginia." Indeed, hi^ authority extended out of Virginia. I have 
 (known him to order arrests in different States. I cannot tell what Mr. Benja- 
 min's influence was with the president. Mr. Benjamin was unpopular as secre- 
 tary of war. It was understood that the delegation from his own State iu Con- 
 gress desired his removal. A clamor in the field, too, as well as from these 
 gentlemen and others, it was thought, induced his resignation or removal ; and 
 'he was immediately promoted to be secretary of state, the head of the cabinet. 
 Q. Was he regarded as very near the president in power 1 
 A. Just as I have said. His being made the head of the cabinet indicates that 
 
TRIAL OF HENRY WIRZ. 421 
 
 he bad the confidence of the president, ahd all conceded to him superior talents 
 and abilities to any other member of the cabinet. He had been the legal ad- 
 viser of the government — the first attorney general, or minister of justice, as they 
 called it. 
 
 Q. Did you understand that he was regarded as General Winder's special 
 friend and protector ? 
 
 A. Well, sir, the information which I received on that point from the provost 
 marshal, Major Griswold, General Winder's subordinate, was that he had the 
 counsel and advice of Mr. Benjamin in regard to what he should do about the 
 destructiun of tobacco, in the event of the city being occupied by the enemy. 
 
 (Counsel for the accused declined to cross-examine the witness.) 
 
 the relations existhng between genkral v^rinder and the authorities 
 
 at richmond. 
 
 September 26, 1865. 
 Philip Oashmyer, for the prosecution : 
 
 For the last four years 1 was detective officer under General Winder. I was 
 with General Winder from the time he commenced his duties as provost mar- 
 shal until he died. I was his special confidential detective. Well, my duties 
 were, any important matters such as detectives have to attend to I attended 
 to for him, such as examining prisoners and making reports upon them and mat- 
 ters of that sort. I was admitted into his family also. The relations exiating 
 between him and Mr. Jefferson Davis were very friendly indeed, very confi- 
 dential. I often heard General Winder say so. I often saw him go there and 
 come from there. I remember when an effort was made by Generals Bragg and 
 Ransom to have him removed, Mr. Davis — President Davis — was his special 
 friend then. When the order relieving General Winder came from the war 
 department he took it and went up to Mr. Davis. The order was relieving him 
 from duty in Richmond. He took it and went over and saw President Davis, 
 and he indorsed on it, as well as I can recollect, " that it was entirely unneces- 
 sary and uncalled for." After that General Winder was sent to Goldsboro', 
 North Carolina, to take the field ; he was there a week or two, and an order 
 then came f6r him to go to Andersonville and take command there. His powers 
 were not extended for some mouths after that. Ihey were then They 
 made him commissioner general, commissary general of prisoners. They called 
 him commissioner general. I still continued with him till he died in my tent at 
 Florence, South Carolina. As well as I can recollect, the order sending W. 
 S. Winder to Andersonville to lay out the prison came from the war depart- 
 ment. General Winder'desired to send him, and the war department sanctioned 
 it. I saw the son go with the general down to the war department and come 
 from there. 
 
 Cross-examined by Counsel : 
 Q. Where did that order come from for W. S. Winder to go 1 
 A. As well as I can recollect. General Winder proposed to send him. I did 
 not read the order ; I saw the paper. I do not know anything about what was 
 in it, only from what I heard the general and Captain Winder say. They were 
 discussing it. I don't know who signed the order ; I don't know anything about 
 that. I think, if I am not mistaken, Mr. Seddon was secretary of war then. I 
 don't know what month it was in. I can't remember. At that time I was in 
 General Winder's office. That ofiice was at the corner of Tenth and Broad 
 streets, in Richmond. General Winder went to Andersonville in the latter part 
 of June or the early part of July, 1864 ; I forget which. I understand, when 
 I was asked about the order, that it was the order to lay out the prison referred 
 to. His son went there long before General Winder went. Wm. S. Winder 
 and he had a conference with the general before he went there. I remainedi 
 
422 TRIAL OF HENRY WIRZ. 
 
 with the genpral all the time. I know nothing about the laying out of that 
 prison, only what I heard the general and his son say previous to his starting. 
 
 Q. Do you know of General Winder having frequent official business with ' 
 Mr. Davis t 
 
 A. Yes, sir ; so I have heard him say ; that is all I know about it. I have 
 often heard him say that he had to go to see the president on official business, 
 but whether he went there on any other business I do not know. I know he 
 went there for the president to protect him in some matters ; I could not say 
 how many times. I have known him to do it more than once. I suppose two 
 or three times. I don't know exactly. I was in Richmond about three years, 
 as well as I can recollect, under General Winder. And during all those three 
 years he might have gone to the president oftener than two or three times for 
 protection, but I do not know of any more. The rest of the time he went on 
 official duty. 
 
 medical testimony. 1 he comditio.m of the prisoners in the ho.spital. 
 
 September 26, 1865. 
 
 Dr. E. A. Flbwellan, for the prosecution : 
 
 I held several positions in the rebel army. My first position in the com- 
 mencement of the rebellion was surgeon of a regiment. I was afterwards med- 
 ical director, under General Brags', and, subsequently to that, I was inspector 
 of general hospitals for the army of Tennessee. 
 
 Q. While you were inspector of prison hospitals for the army of Tennessee, 
 did your charge also include prison hospitals 1 
 
 A. I was so instructed by the surgeon general ; towards the latter part of the 
 time I held that position. I visited the prison hospital at Andersonville on three 
 occasions. The first occasion was before I had the assignment from the surgeon 
 general as inspector general. I was sent down under order from the director of 
 general hospitals. It was a few days before General Johnstdn was relieved by 
 General Hood. I do not remember the month. It was in July or August, 1864. 
 The general condition of the hospital on my first arrival was a bad one. It was 
 not of sufiicient capacity. The tents were of all varieties and sizes, and were 
 in pretty bad condition. I did not see any bunks except such as were impro- 
 vised of forked sticks and things of that kind. The furniture of the hospital, if 
 it could be called such, was exceedingly meagre and very dirty. The tents 
 were all dirty ; they had dirt floors without planking, and that, of course, ac- 
 counted for their filthy condition, because everybody who knows pine woods 
 knows that a man cannot step on piney ground without getting very dirty. The 
 policing of the establishment was inefficient. There seemed to be an effort to 
 keep it clean ; but,, notwithstanding all that, it was not as clean as a man would 
 desire. The cooking department was very meagrely supplied. It was not sup- 
 plied as it ought to have been. There was some complaint about the quality 
 and character of the rations. I looked into that as far as I could. Beiug there 
 but one day, a man could not form a very satisfactory opinion as to the quality 
 of the rations issued. I saw them during the time I was there, and saw nothing 
 but beef and bread. 
 
 By the Court : 
 Well, it was, in the main, corn-bread. At that time Dr. White was in charge 
 of the liospital. I rather think I did make some suggestions in regard to the 
 changes needed there, but I am not very definite about it. The court will ex- 
 cuse me for making this remark, "that I wrote out a very full report for the 
 benefit of the director of hospitals. He had been a short while previous to that 
 time, as I understood, instructed by the surgeon general to take charge of all 
 .prison hospitals as well as confederate hospitals in that territory. He had heard 
 
TRIAL OF HENRY WIRZ. 423 
 
 various reports in reference to Andersonville, and he sent me down to make a 
 full report. I made that report to him, but I have no copy of it ; and it was so 
 long sitjce, and there have been so many changes, that I cannot remember very 
 definitely the details. It is only generally that I can remember. I gave a full 
 statement in that report, but that statement was never forwarded beyond Dr. 
 Stout, who was the director of hospitals, to my knowledge. I gave the reason 
 for it to the judge advocate. I suppose it is not necessary for me to state it to 
 the court. 1 made quite a full and minute report to Dr. Stout, and he made an 
 indorsement upon it, with the intention of sending it on immediately to the sur- 
 geon general ; but, at that time, Surgeon Oovey, who belonged to the department 
 of the inspector of hospitals, being himself, I think, from Virginia, came down 
 into G-eoigia, I think, under orders from the surgeon general, and this report of 
 mine was placed by Dr. Stout in his hands to look at, as he was about making 
 a trip to Andersonville himself. He kept the report for some weeks. In the 
 mean time Dr. Stout, who was at Macon at the time the report was put in his 
 hands, had removed his office to Columbus, Georgia. Dr. Covey kept it for 
 some weeks, and then handed it to me. I think it was fully three weeks before 
 he gave it to me to return to Dr. Stout. About that time the communications 
 were all broken up, and I do not think my report was ever forwarded to Rich- 
 mond. "Dr. Oovey left for the purpose of going back to Richmond. Dr. White 
 left Andersonville somewhere between my first and second visits ; it was between 
 August and November. I cannot tell you the month. When I was first at 
 Andersonville he was there in the capacity of senior surgeon of the post. As I 
 remarked previously, the hospital was placed under the general direction of the 
 director of hospitals, Dr. Stout. Subsequent to that time I saw a copy of an 
 order sent by Dr. White to Dr. Stout, which was an assignment by the secre- 
 t iry of war of Dr. White as chief surgeon of prison hospitals, and from that time 
 he ceased to report to Dr. Stout. I suppose he regarded it as promotion. I 
 never did understand, nor did Dr. Stout, what was the meaning of that assign- 
 ment. I think it was in the neigborhood of the time of General Winder's ap- 
 pointment as commissary general of prisoners. I am not able to say whether 
 they left together. I was out in the west at the time. I presume they did ; 
 but I do not say it, because I do not know. I have never seen Dr. White since 
 I saw him the first time ; but my understanding has been, that he was a sort of 
 staflf officer of General Winder, and was with him all the time. 
 
 Cross-examined by Counsel : 
 
 I do not know when General Winder left Richmond to go to Andersonville ; 
 I knew nothing about that ; I found General Winder there on the first visit I 
 made to Andersonville ; I did not know how long he had been there ; I had no 
 information about Surgeon White going with him, except that I found Dr. 
 White there in the capacity of senior surgeon of the post, and subsequent to 
 that I saw an order from the war. department assigning Dr. White as chief 
 surgeon of military prisons, or words to that effect, and he left the hospital at 
 or about the time that General Winder left Andersonville ; I do not know where 
 he went ; I can tell you what 1 understood, but 1 know nothing about it of my 
 own knowledge ; I do not know anything about his leaving Andersonville, 
 except that I did not find him there on my second visit. 
 
 The Judge Advocate stated that the prosecution had no further evidence 
 to present to day. 
 
 REMARKS RELATIVE TO MR. SCHADE PASSING LETTERS BETWEEN CAPTAIN 
 
 WIRZ AND MRS. WIRZ. 
 
 Mr. Baker. Before proceeding to offer testimony, 1 propose, in accordance 
 with the practice of the courts, to open with a statement of what we expect to 
 prove in our defence. 
 
424 TRIAL OF HENRY WIRZ. 
 
 The President. That is not requh-ed by the rule. 
 
 Mr. Baker. 1 don't know that there is any rule about it. 
 
 The President. It is not customary at all in military courts. 
 
 The Judge Advocate. I am desired by Mr. Baker to make a statement. 
 
 Mr. Baker. I beg pardon ; I simply said to the judge advocate that if 
 there was anything out of the way which I did not know about it had better 
 be settled now. 
 
 The Judge Advocate. Well sir, it is a disclosure which I should think 
 would not be very pleasant to your associate, and I prefer not to make it unless 
 you insist upon it. 
 
 Mr. Schade. After what has been said I wish the judge advocate to state 
 the whole thing. 
 
 The Judge Advocate. I will do so. Within the last fortnight very strin- 
 gent rules and regulations have been sought to be observed with regard to the 
 custody of the prisoner, so that it would be impossible for him to receive any- 
 thing clandestinely. With this object, interviews between him and his wife are 
 in the presence of an officer specially designated, so as to prevent anything im- 
 proper passing to the prisoner. But there have occurred two or three instances 
 of this kind : the prisoner would bring a note or a letter and hand it to his 
 counsel, Mr. Schade, and without being submitted for examination, it would be 
 delivered to Mrs. Wirz ; afterward some response would be delivered by Mr. 
 Schade to the prisoner. Mr. Schade was seen two or three days ago to hand 
 him some money and a slip of paper, which I myself saw the prisoner read and 
 crush in his hand. I intended at the time to have had it taken away from him, 
 but something else attracted my attention at the time, and subsequently it was 
 too late. This morning again a letter was passed by the prisoner to Mr. Schade, 
 and without submitting it to me cr any one else for inspection, it was handed to 
 the witness, Gazcetti — who has been a very active man for the defence — who 
 wrote a letter to the New York Daily News, which has been published. That 
 witness has gone away with the letter which Mr. Schade handed to him. I have 
 requested its delivery to me, and Mr. Schade says he cannot produce it. I make 
 this disclosure not because I desired to make it, but because it has been forced 
 upon me. I think that the counsel has indulged in a course of practice quite 
 improper, as he himself must understand. 
 
 The President. Cannot Mr. Schade give us the contents of that letter? 
 
 The Judge Advocate. I don't know. He cannot give it to me. 
 
 Mr, Schade. I never have thought there was anything wrong in giving a 
 letter from Captain Wirz to his Wife ; I knew that the contents of these letters 
 did not relate to anything, but perhaps some private matters — asking perhaps 
 for clothing or something of that kind. So far as regards the money which the 
 judge advocate says I have been seen to give to the prisoner, I will state that I 
 gave that money out of my own pocket, simply that the prisoner might have the 
 means to buy some extra food ; I have done so frequently, and I do not at all 
 hesitate to declare it openly. In regard to the letter this morning, the prisoner 
 handed me this letter, and I received it in the presence of the officer having 
 ' charge of the prisoner. 
 
 Lieutenant Murphy, (to Mr. Schade.) Did I not tell you not to take it? 
 
 Mr. Schade, (to Lieutenant Murphy.) I told you that I did not think there 
 was anything wrong in the letter. 
 
 The President. Did you see the contents of the letter Mr. Schade? 
 
 Mr. Schade. Not having time to examine the letter, nor to carry it to Mrs. 
 Wirz, I handed the letter to one of the witnesses that he might deliver it to 
 Mrs. Wirz. As soon as I see him, even if he shall have delivered the letter, I 
 will ask him to go to Mrs. Wirz and bring the letter back to me. As to the 
 letter which I the other day received from the prisoner, I will merely state that 
 so little did I conceive that there was anything improper in the matter, that I 
 
TRIAL OF HENR? WIRZ. ' 425 
 
 Landed it over to the bailiff of the court who carried it to Mrs. Wirz. There 
 has certainly been no wrong intention on my part; if I had had any idea that 
 I was committing anything wrong I certainly would not have done it. But' I 
 shall have this letter produced as soon as I have an opportunity, and the court 
 can then convince itself that nothing Improper has been done or intended to be. 
 done. This is all the explanation I can make of this matter. 
 
 The President, (to Mr. Schade.) You will produce that letter and hand it 
 to the judge advocate. 
 
 Mr. Schade. Certainly; I shall do so as soon as I have an opportunity. 
 
 Mr. Baker. I will simply say that I knew nothing about this matter; I 
 heard some sharp words between my colleague and the judge advocate, and I 
 requested that the whole thing might come out. It has no reference to me 
 whatever. 
 
 The Judge Advocate. I want the counsel (Mr. Schade) to feel that he does 
 not possess the discretion to exercise that kind of liberty. We hear very often 
 of bribes being offered to sentries, and money is a very ready means of obtain- 
 ing assistance in that way. I make this remark that counsel may not assume 
 to himself a discretion to do as he admits he has done, especially when the 
 officer in charge of the prisoner tells him that he must not accept the letter. 
 
 Mr. Schade. Allow me to say another word; I never have given the prisoner 
 more than five dolldrs at one time ; I have given him money in the presence of 
 the officers at the old capitol; I never thought that I was doing anything 
 wrong ; and if I have the assurance that the prisoner will get better fare than 
 he gets now, there will be no necessity for me to give him any' more money, It 
 has been on his urgent request that I have done so. 
 
 The Judge Advocate, He gets everything that he desires. 
 
 Mr. Schade. He says that he does not. 
 
 The Judge Advocate. I very much doubt that, because there are sanitary 
 stores at the prison all the time for the use of the sick. 
 
 The President, (to the judge advocate.) You had better inquire into the 
 matter and see whether the prisoner is suffering from any deprivation whatever. 
 
 The Judge Advocate. I will do so. 
 
 Ml'. Baker. I do not think it is at all necessary to bring up that subject; I 
 have frequently visited the prison myself, and I am satisfied that the prisoner 
 fares as well as any man can in his circumstances. Of course, a sick man may 
 want some little delicacies which are not furnished ; but otherwise, I think he 
 fares as well as he possibly can 
 
 The President. The judge advocate will please inquire into the matter 
 and make report. 
 
 Mr. Baker. For my part I wish nothing, of this kind should come up again ; 
 it has been up once or twice already. 
 
 Mr. Schade. The prisoner states that he gets nothing during the day but 
 two cups of milk and two eggs. 
 
 The President. The court will expect, Mr. Schade, that the letter which 
 has been refeired to shall be handed to the judge advocate for perusal. 
 
 Mr. Schade. Certainly. 
 
 the disposition and conduct of captain wirz towards the prisoners. 
 
 September 26, 1865. 
 
 Eev. W. J. Hamilton, recalled for the defence : 
 
 I have been at Andersonville frequently ; I had an opportunity of observing ^ 
 the conduct of Captain Wirz while I whs there to a very limited extent. It 
 seemed to me that he was disposed to do everything in his power for their 
 spiritual comfort, and as far as I could see for their bodily comfort also. He 
 gave me every facility in the pursuit of my object. 
 
426 TEIAL OF HENRY WIEZ. 
 
 Q. Was it or was it not done grudgingly or otherwise ? 
 (Objected to by the judge advocate and objection sustained.) 
 I had no complaints made to me by prisoners of ill-treatment on the part of 
 Captain Wirz ; I never heard of any prisoner dying from any such treatment 
 from the hands of Captain Wirz, nor from any personal violence from_ him ; I 
 never knew of a prisoner being torn by dogs there ; nothing of the kind. In 
 declining to answer the question put to me the other day by the judge advo- 
 cate, I did not decline on the ground that the answer would in any way pre- 
 judice Captain Wirz or make against him. 
 
 acts of cruelty committed by wiez. 
 
 September 26, 1865. 
 
 Eev. Peter Whelan, for the defence : 
 
 My office is that of a priest; 1 was in Andersonville from the 16th of June, 
 1864, till near the 1st of October. The previous portion of the year I was at 
 Savannah, except for some time, when I went to attend Catholics in the con- 
 federate camps. 
 
 Q. State how you happened to go to Andersonville, whom you saw and met 
 there, and all about your duties there ? 
 
 AT Father Hamilton had visited the place in May, seen the condition of the 
 prisoners, and written to the bishop at Savannah to send a priest there. He 
 asked me to go and visit the prisoners. According to his request I went ; I 
 stayed there until nearly the 1st of October, from, I may say, the 16th of June, 
 1864 ; I stayed until the vast portion of the prisoners were removed to other 
 points ; I would have stayed longer if the prisoners had been retained ; my 
 duties were those of a Catholic priest — nothing more ; I had no commissiim 
 from the government ; I went there voluntarily, without pay or remuneration, 
 further than merely to receive rations. These were nearly the same rations 
 which the soldiers who were on guard there received, and also the prisoners in 
 the stockade. Perhaps I might have had something more in quantity, but not 
 as to quality ; my labors were performed inside the stockade and in the hospital 
 outside; I never saw Captain Wirz inflicting any personal violence on any 
 prisoner ; neither did I hear of it during my stay there ; I might have heard 
 reports that he used profane language, but I never saw or heard of him using 
 any personal violence there so as to produce death ; it is the highest probability 
 jthat such a thing could not have occurred without coming to my knowledge. 
 •^ The Judge Advocate. The question was as to the facilities you had. 
 
 Witness. I was there all the time with the prisoners, in the hospital and in 
 the stockade ; I mingled with the prisoners entirely ; I have been there for a 
 fortnight perhaps without speaking to any but prisoners ; my duties we're with 
 the prisoners ; if anything of that nature had occurred it is highly probable I 
 should have heard it ; I visited all parts of the stockade without disturbance 
 to me. The prisoners knew that I went for ttieir benefit and interest, conse- 
 quently they did not show any act of disrespect to me. Perhaps one or two or 
 a few might do so, but the generality of the prisoners — although perhaps their 
 morals were not always the best — showed me respect as a clergyman. They 
 knew that I came for their benefit and welfare. I heard a good deal of profane 
 language among them. 
 
 Q. When you returned to the stockade after being outside did the prisoners 
 gather around you in crowds 1 
 
 A. They often collected around me in crowds to ask questions, but I never 
 stopped to answer ; I always passed on ; if I had stopped with every crowd 
 that collected, I could not have discharged my duties as a clergyman to those 
 who were sick and dying ; I was therefore necessitated not to answer them, 
 
TRIAL OF HEXEY WIEZ. 427 
 
 because they would have taken up so much of my time ; sometimes they would 
 ask me in reference to reports they had heard ; I would pass on and say nothing 
 to them. 
 
 MEN BITTEN BY THE DOGS. 
 
 There may have been some reports to the effect thai persons were torn by 
 dogs. I may have heard of persons who had been hunted down by dogs, but 
 whether they were torn by the dogs or not I could not positively say. If I 
 had heard of such a thing it is more than probable I would have remembered 
 it. I cannot say positively. 
 
 CAPTAIN WIRZ AFFORDS FATHER WHELAN EVERV FACILITY IN VISITING THE 
 PRISONERS AND RELIEVING THEIR WANTS. 
 
 Captain Wirz afforded me every facility to visit the prisoners and afford them ' 
 any relief that was in my power. He never put any obstacles in my way, 
 whether physical or spiritual. My means of giving physical aid to them were 
 very limited. But he afforded me every facility with regard to the prisoners. 
 I have sometimes mislaid my pass, and when I went to him he freely gave me 
 a new pass to visit the hospital and the prison. He never interfered in any 
 manner whatever with the discharge of my duty. He gave me the facilities, 
 and that fact was evidence of his willingness to do so. So far as his will was 
 concerned, that was an operation of bis own mind of which I could have no 
 knowledge. He always did it cheerfully. He never refused. He never 
 showed any objection to give me at any time a pass to go into the stockade or 
 hospital. I applied to him in January, 1865, about taking to the prisoners some 
 provisions. I borrowed $16,000 and went down to Andersonville. I spoke to 
 Captain Wirz and he freely gave me permission to purchase flour for the pris- 
 oners. I gave the money to a gentleman in Americus of the name of Wynne, 
 and he purchased the flour and sent it to Captain Wirz. I think that he wrote 
 a letter to Father Hamilton stating that he did so. When I applied to him 
 about it he mentioned to me that he would have to take the flour in his own 
 charge and see that it was cooked and distributed iu bread to the prisoners. I 
 could not say whether it was distributed. 1 believe that some witness here gave 
 testimony to that effect. 
 
 By the Judge Advocate : 
 
 Q. From your expenditure of the money, your buying the floiir and sending 
 it there, and from the information you have of it, can you say whether it was 
 distributed ? 
 
 A. I cannot say whether it was distributed or not. After the purchase of 
 the flour I went to Macon, and did not return to Andersonville any more. 
 
 Counsel. My question was as to your information in regard to it. 
 
 Witness. My opinion is 
 
 The Judge Advocate objected to the witness stating his opinion 
 
 Mr. Baker contended that he had a right to do so. 
 
 After dehberation the objection was sustained. 
 
 Q. Have you not the. best reason to believe that that flour was distributed f 
 
 Same objection by the judge advocate. 
 
 After deliberation the objection was sustained. 
 
 Q. Did Captain Wirz on any occasion express to you any desire in reference 
 ,to the prisoners ; if so, slate what they were ? 
 
 Objected to by the judge advocate on the ground that the prisoner could no 
 more make testimony in his own favor by his declarations than he could be put 
 on the stand as a witness. 
 
 Mr. Baker contended that as everything which the prisoner said or did had 
 
428 TRIAL OF HENRY WIRZ. 
 
 been shown by the proaecution, the court had a right to know the other side of 
 the case. He asked the question for the purpose of showing the prisoner's 
 mind. 
 
 After deliberation the objection was sustained. 
 
 THE HA.NGING OP "THE RAIDERS.'' 
 
 I administered to five of the prisoners who were hanged. There was one of 
 them who was not a Catholic. They were arrested as raiders in the stockade, 
 together wil,h several more who were not condemned. There was a court-mar- 
 tial of the prisoners held on these men and six of them were condemned. They 
 were put in the stocks. I visited them the evening before they were hanged 
 and gave them all the consolations of religion that it was possible for me to do. 
 The next morning Captain Wirz came down to carry them to the stockade to 
 _be delivered to the prisoners there. I asked him to delay their execution for 
 "another day. He said to me that it was out of his power. They were pris- 
 oners who were plundering or robbing and using violence on other prisoners. 
 That was what I considered as what was designated raiders. They were 
 brought in by Captain Wirz with a company of soldiers. I cannot precisely 
 give the words that he used, but I can give the substance of them. My feelings 
 were engrossed by the condemned men and my attention was turned to giving 
 them all the consolations of religion before they passed off into eternity. Cap- 
 ^tain Wirz said something like this : "Boys, I have taken these men out and 
 now I return them to you, having taken good care of them. I now commit 
 them to you. You can do with them as you see fit." Then turning around to 
 the condemned men he said, "May the Lord have mercy on your souls." The 
 men were then placed on a platform or gallows. They begged of me -to make 
 — an appeal to their comrades — an appeal to spare them from execution, I made 
 it to their fellow-prisoners. There was a hollow square formed with the six men 
 and myself inside of it. One of them broke loose. He said he would not 
 ascend the scaffold, and he broke through the line and ran into the swamp. A 
 number of men followed and brought him back. They were his fellow-pris- 
 oners who followed and brought him back. After the men were hanged they 
 were cut down and buried. They carried them outside the stockade and buried 
 them in a separate part of the graveyard, 1 believe. The last time I visited 
 the graveyard I saw a place where I undei stood these six men were buried, 
 separate and distinct from the rest. 
 
 Q. From what you saw of Captain Wirz in reference to them, describe his 
 actions and feelings in reference to that affair. 
 
 A. I think I have mentioned that. He entered there with a company, and 
 after delivering up the men to the hangman he wheeled around and went ofi'. 
 /'T5. What was his conduct? 
 
 A. I could not see anything only calmness. I could not see any revengeful 
 spirit indicated by him or any great desire that these men should be punished. 
 I believe it was done with the object of deterring others from committing sim- 
 ilar crimes. After that there were no more robberies in the stockade, at 
 least none that were publicly notorious, none to that degree. 1 think Captain 
 Wirz in that matter was carrying out the will of the majority of the pris- 
 oners. The prisoners made application, I believe, to 'the authorities there to 
 have some means adopted to stop this raiding, and I believe the authorities 
 gave these men up to the prisoners to be tried by court-martial. I cannot say 
 uc whom it was understood that they applied. 
 
 THE DISPOSITION AND CONDUCT OF CAPTAIN WIBZ TOWARDS THE PRISONBES. 
 
 Q. From your intimacy with Captain Wirz while you were there can you 
 state to the court what was his general conduct, as to kindness or harshnessi 
 towards the prisoners ? 
 
TRIAL OF HENRY WIRZ. 429 
 
 A. I think I never saw him within the stockade except the time the men 
 were hanged. 
 
 Q. I mean generally, inside, outside, and everywhere else. 
 
 A. He was always calm Snd kind to me. 
 
 Q. Was he to others, so far as you saw ? — i 
 
 A. Yes, sir, I have seen him commit no violence. He may sometimes have 
 spoken harshly to some of the prisoners. 
 
 Q. Did you ever hear there of the atrocities that have been developed in this 
 court, or of his personal cruelties at all 1 
 
 A. I have not all the testimony before me. 
 
 Q. Did you hear of any of them ? 
 
 A. I cannot say. There have been some violences charged upon him here 
 which I never heard of being committed by him. I never heard of his killing 
 a man, or striking a man with a pistol, or kicking a man to death. Daiing my 
 time in the stockade I never heard of it. I never heard, either inside or out- 
 side, during my stay there, that he had taken the life of a man by violence ; 
 that he had. shot a man or kicked him to death. 
 
 Q. Or that he injured a man so that the man was laid up ? 
 
 A. No, sir, I never heard positively. 
 
 Q. If any such thing occurred must you not have heard of it ? 
 
 A. It is highly probable I should have heard of it. \ 
 
 Cross-examined by the Judge Advocatk : 
 
 My duties there were very onerous. They occupied the whole of my time. 
 My health was somewhat impaired from it. I entered the stockade about nine 
 o'clock in the morning. That was the time the prisoners could take most rest. 
 I remained there sometimes till four and sometimes till five o'clock. In the 
 morning before going in I would say my prayers and read my "office." After 
 I came , out I continued saying my prayers. I was occupied with my own 
 business and nobody's else. 
 
 Q. How then could you see or know everything that transpired there in ref- 
 erence to Captain Wirz ? 
 
 A. I did not say that I did. 
 
 Q. You have said that if he had committed acts of violence you would have 
 known it 1 
 
 A. I said it was highly probable I- should have known it through report. 
 
 Q. Why? 
 
 A. Because if such an act of violence were .publicly done it would necessarily 
 be rumored about. 
 
 Q. Your means of knowledge were only your association with the soldiers ? 
 
 A. I say it was highly probable that if such a public act as murdering a man 
 there were done, I would have heard of it. 
 
 Q. Did you ever hear anything said there about Captain Wirz being a cruel 
 man ? 
 
 A. I heard some prisoners paying he was a violent man. 
 
 Q. What else did you hear them say about him ? 
 
 A. Nothing more than that he was a violent man; that he was harsh to some 
 and cursed them. 
 
 Q. How long were you there 1 
 
 A. From some time about the 16th of June till near th^ 1st of October, 1864. 
 I remained there till the prisoners were nearly all removed. 
 
 Q. Are you aware that prisoners are not in the habit of complaining of officers 
 who have it in their power to punish them 1 
 
 A. The office of keeper of a prison is a very odious' one, and his actions in 
 the performance of his duty are usually looked upon as those of harshness. 
 
 Q. Did your duties require you to curtail your religious services there ? 
 
430 TRIAL OF HENEY WIRZ. 
 
 A. Yes, sir ; I had to sEorten what is called the sacramentalia, and also the 
 ceremony of baptism, and also that of extreme unction. I had to give the sa- 
 crament without the prescribed prayers. 
 By the Court: 
 
 Q. State to the court whether, on the occasion of your visits there, you saw 
 Captain Wirz within the stockade 1 
 
 A. I do not recollect having seen him so that I can speak positively within 
 the stockade, except on this memorable occasion. He might have been in the 
 stockade while I was in the hospital. 
 
 Q. State whether you ever saw him in the hospital at any time. 
 
 A. No, sir; I never saw him in the hospital. 
 
 THE HANGING OF "THE RAIDERS." 
 
 Q, Are you prepared to say that those six men who were hanged were 
 brought to that extremity because of their being criminals, or because of their 
 being so situated in that prison? Was there not great moral depravity there? 
 
 A. Yes ; there was great moral depravity in the prison before the raiders were 
 hanged. I heard men complaining of it. There must have been great moral 
 depravity in it when the prisoners themselves made application to have these men 
 tried. I cannot say whether they had been guilty of any capital crime. 
 
 Q. Do you know whether their lives might not have been spared ? 
 
 A. I cannot answer. 
 
 Q. The record of the prison shows that over 900 prisoners were sent away 
 on the day these men were hanged. Do yon know any reason why these men 
 could not have been sent away instead of being hanged ? 
 
 A. I do not know that any such number of men were sent away. That is a 
 matter which I could not decide upon because it remained with the commandant 
 there. 
 
 CAPTAIN WIFZ AFFORDS FATHER WHELAN EVERY FACILITY IN VISITING THE 
 PRISONERS A.ND RELIEVING THEIR WANTS. 
 
 By Counsel: 
 ■ Q. There were a number of other clergymen there. I had written to Savan- 
 nah, to the bishop, to send another priest, as I yvas not able alone to attend to 
 the sick and dying. A young man named Clavering came up and remained 
 until his health was so impaired that he had to return. Then a Catholic priest 
 named Kirby came from Augusta and stayed some time. Then a clergyman 
 from Mobile came and stayed with me till the prisoners were nearly all removed. 
 He left a few days before me. We stayed with the prisoners as long as we 
 could. 
 
 Q. Any physical assistance that you wished to render to the prisoners, could 
 you render it with the same facilities tis you could render spiritual assistance? 
 
 A. I think 1 have mentioned that Captain Wirz gave me every facility. 
 By the Court : 
 
 It was in January, 1865, that I bought this flour I spoke of. It was for the 
 use of every person in the prison. I made no distinction as to sect or creed as 
 fur as body was concerned. As far as the soul was concerned any one who 
 asked me to administer to him I attended to. 
 
 THE rations. 
 
 Q. You have stated that you drew rations while you were there ? 
 
 A. No, sir ; I had a detailed soldier with me who got the rations ;. I do not 
 know where ; he was my cook ; he was a prisoner on parole ; I do not know 
 where he got them ; I think he got them at the cook-house ; the rations were 
 
TRIAL OF HENRY WIRZ. 431 
 
 corn bread; I can't say as to the quantity, but I got as much as I could eat and 
 lie got the same ; I got meat too ; I got some cofFee which I purchased with my 
 own money ; nothing else, except water ; I might have got rice there ; I had no 
 peas, beana, or molasses ; I might have bought them perhaps if I had had an 
 opportunity to use them. The food I received there was ample for my suste- ' , 
 nancp, but as I mentioned in my examination the quality was the same "as that 
 which the prisoners and the guard had. I have seen the rations and food they 
 got, and this man got our food where it was obtained for the prisoners. He did 
 not bring it to me cooked ; he cooked it himself, and sometimes he cooked one 
 day what would do for two days. I have heard prisoners complain of not 
 having enough to eat; they often complained of it. I did not say the amount 
 of food I got was the same as that issued to the prisoners as to quantity ; I said >; 
 as to quality. ■" ' 
 
 By Counsel: 
 
 I do not know anything as to what the prisoner got. 
 By the Court : 
 
 I never received any putrid meat I do not know but that the prisoners , 
 might have got some. The man who went to the cook-house brought this por- 
 tion of food for himself and me.* As to the quantity, we got enough to eat ; we 
 were satisfied with it. It was not so much my stomach I was looking after as 
 the souls of the prisoners. I think the food taken to that bake-house was 
 exclusively for the prisoners. * 
 
 Q. If that was the case was not what you received taken from them ? 
 
 A. I think it was only the raising of a finger of every man's rations to give 
 me what I eat. The prisoner with me on parole had a right to double rations, 
 and the quantity of food I used I do not think would go far towards the starva- 
 tion of the v,'hole camp. 
 
 Q. Have you ever heard prisoners complain of short rations ? 
 
 A. I have heard them complain as to the quantity of food. 
 
 Q. Did you ever know of any starving to death 1 
 
 A. I have seen persons there who were sick and the quality of food was such 
 that they could not use it. They had diarrhoea, and the consequence was they 
 may have died of starvation. The prisoners looked, some of them, very ema- 
 ciated — those who had scurvy — and diarrhoea followed from it. They were 
 extremely emaciated, and there was a good deal of filth in the prison. I cannot 
 tell you to how many dying persons I have administered spiritual aid. Perhaps 
 it might have been fifteen hundred or two thousand. I think I would be safe 
 in saying more than one thousand. I think it would approximate to the number. 
 
 Q. Are you prepared to say that out of that one thousand none died from 
 starvation ? 
 
 A. I say that I am not prepared to say that. 
 
 Q. I ask the fuither question whether it is not your belief that some of them 
 died from starvation ? 
 
 A. I have mentioned the circumstance that where the quality of the food was 
 such that it could not be used, and wheye sick men were not able to use it, they 
 must necessarily die from starvation. 
 
 Mr. Bakbr. I desire to state to the court that I have examined these two 
 witnesses at this time so that they might visit the prisoner as his spiritual ad- 
 viser. I understand that they were prevented hitherto for the reason that they 
 were to be witnesses for the defence. 
 
 The President. That is a matter for the oificer in charge of the prison, not 
 for us. The court has stated before that it has nothing to do with the prisoner, 
 and that any arrangement of that kind by the authority of the Secretary of War 
 must be made with the officer in charge of the prison. 
 
 Mr. Baker. I only want to ascertain from the judge advocate 
 
432 TEIAL OF HENKY WIRZ. 
 
 The President. Go on with your witnesses, Mr. Baker. 
 
 Mr. Baker. I suppose the court will allow me to say 
 
 The President. It is unnecessary to call on the court. 
 Mr. Baker, Will the judge advocate give these clergymen their certificates? 
 The Judge Advocate. They have both received their ceitificates. 
 Mr. Baker. In order that thoy may visit the prison ? 
 
 The Judge Advocate. No, but certificates of their having been in attendance, 
 and of their having testified as wituesses. 
 
 September 26, 1865. 
 
 Colonel James H. Fannin, recalled for the defence : 
 
 I received an order from Brigadier General Cobb to report for duty at An- 
 dersonville, with my regiment. I reported there on the 9th of May, 1864. I 
 continued on duty theje until September ; occasionally I was absent on fur- 
 lough. I was colonel of the first regiment Georgia reserves. I was on duty at 
 Andersonville from the 9th of May till, I think, the middle of September. I 
 was not there all the time; I was away sometimes under orders. 
 
 THE POWER OF CAPTAIN WIRZ TO GRANT FURLOUGHS. 
 
 I was in command of the guard forces a great portion of the time. I never 
 was in command of the post ; I was in command of the troops. I was under 
 the command of General Winder while he was there. When first I re- 
 ported at the post 'Colonel Persons commanded it; afterwards the post was 
 commanded by Colonel Forno. Captain Wirz would make known his wishes 
 to the commandant of the post. He would make out requisitions for the num- 
 ber of guards he wished put on duty. The commandant of the post would no- 
 tify the commandant of the troops of the number of guards wanted. The guards 
 were furnished by the commandant of the troops to the commandant of the post, 
 and then the officer commanding the guards was always ordered to report to 
 Captain Wirz for instructions. When I first went there I suppose there were 
 not more than 250 to 300 men thereon duty. At that time there wei-e reported 
 to be only about 13,000 prisoner.s. The guard force always increased as the 
 numbei' of prisoners increased, and in June I think our force" was augmented 
 by the second, third and fourth regiments of Georgia reserves, and'in August a 
 battalion of militia, commanded by Lieutenant Colonel Furlow, reported for 
 duty, and were there for some weeks. They were all there at one time. I for- 
 got to mention that there was a portion of the fifty-fifth Georgia volunteers sta- 
 tioned there all that time. I do not think that at any time there was an effective 
 force of more than 1,300 to 1,500. There may have been a few days when, 
 counting detailed men and all that could be brought into action, there were as 
 many as 1,800; but we very seldom had more than from 1,000 to 1,200 men 
 for duty ; our force was reduced from various causes. In the first place the 
 Georgia reserves were subject to have details made from the ranks. A good 
 many men were detailed and sent home as farmers. Many mechanics were de- 
 tailed and sent to different portions of the army. Some men were detailed as 
 scouts and sent to General Joseph E. Johnston, as he was retreating before 
 General Sherman before he reached Atlanta. Then we had a good deal of 
 sickness at the post ; and, besides, a good many men were taken out as sergeants 
 by Captain Wirz. Most of the troops wei-e armed, but their arms were not very 
 good ones. A great many of the arms were old flint and steel locks changed 
 iuto percussions. They were not a good weapon by any means. A portion of 
 the time there were a good many men there without weapons at all ; very often 
 we had to cause them when mounting guard to take the pieces of the old guards, 
 at least a portion of them. I do not think Captain Wirz had the right to punish 
 the guards for any acts they had committed. He could not reward them in any 
 
TRIAL OF HENRY WIEZ. 433 
 
 way. The only way in which he could have troubled a soldier on guard would 
 have been to prefer charges against him. I have heard Captain Wirz say that 
 he had preferred charges against confederate soldiers ; I do not know that I 
 ever saw them. The subject of furloughs came under Oaptain Wirz's authority. 
 I recollect on one occasion that he approved a furlough for me ; he acted as 
 commandant of the post for a few days. He could not do so at any other time ; 
 he could not do so for the soldiers ; he had nothing to do with the soldiers except 
 after they had reported to him for guard duty at the stockade ; that authority 
 would continue over them from one guard-mounting to the other — from eight 
 o'clock in the morning till eight the next morning. The channel through which 
 furloughs had to be obtained was this : An enlisted man would make applica- 
 tion to the captain of his company. The captain of his company would for- 
 ward it, with or without his approval, to the commander of his regiment, from 
 whom it would be forwarded to the commandant of the troops, and thence to the 
 commandant of the post. It would not in any way go to or touch Captain 
 Wirz — not for any of the soldiers. I should not have respected any furlough 
 that came from him in that way. I do not presume a soldier could have got 
 away from there on any such furlough as his ; it would have been irregular if 
 he had. ' ^J 
 
 Q. Did you in any way know or hear of furloughs given to the guards for 
 shooting Union prisoners. i 
 
 A. I am satisfied that it was never done. ^ 
 
 By the Judge Advocate : 
 
 I know that none was ever given while I was in command ; none by myself. 
 
 Q. Did Captain Wirz ever ask you or intimate to you to give soldiers fur- 
 loughs for shooting Union prisoners 1 
 
 (Objected to, by the judge advocate, as being in the first place' negative 
 evidence that amounted to nothing, and in the second place as being objection- 
 able, because it was an attempt to sustain the defence by the prisoner's own 
 declarations. 
 
 After deliberation the objection was sustained.) T^ 
 
 Q. Did a guard ever apply to you for a furlough on the ground that he had 
 shot a Union prisoner, or did you ever hear of such a thing while you were 
 there ? 
 
 A. I heard that such things were spoken of there, but they were mere rumor, 
 and there was no truth in them ; I cannot say that any soldiers ever applied to 
 me for furloughs on that ground ; I do not know that any application was made 
 on that ground ; none ever was that I know of. I heard, as I have heard 
 since I came here, that charges were made in tnat direction ; that it was stated 
 that furloughs could be had for shooting Union prisoners; but I am satisfied 
 
 The Judge Advocate. You need not give your opinion. 
 
 Witness. I heard it as camp rumor ; nothing more. 
 
 ' There never was an application of that kind made to me that I know of; if 
 there had been such an application I think I would have recollected it ; I was 
 never requested by any one to give a guard a furlough because he had shot a 
 Union prisoner ; I recollect on one occasion there was a man applying for a 
 furlough who, it appeared, had shot one or two Union prisoners for crossing 
 the dead-line at night, and it was remarked by some one, when he made the 
 application, that he was a good shot and that he ought to be furloughed ; but 
 there was no fuilough granted and no application made on that ground; the 
 reason that remark was made was that a great many prisoners had crossed the 
 dead-line, and had traded a good deal with the guards ; they used to tie their 
 watches to strings and exchanged them with the guards for potatoes ; the 
 remark was made in this way to show that this man had not been bribed, and 
 had not been trading with the prisoners. The reason that these men crossed the 
 H. Ex. Doc. 23 28 
 
434 TEIAL OF HENRY WIRZ 
 
 ft 
 deadline at night, I had every reason to believe, was because Captain Wirz 
 was outside the stockade at that time, sinking a hole to strike a tunnel, which 
 he did the next day ; this occurred at post number seventeen, on the north side 
 of the branch, east of the stockade ; it seems that Captain Wirz had received 
 information that this tunnel passed near to the stoop where the sentry stood ; 
 they were digging on the outer side of the stockade to sink a hole down to the 
 tunnel, and it was supposed that these men who were shot had crossed the dead- 
 line in order to look through the crevices of the stockade to see what was going 
 on, and whether or not they were trying to get to the tunnel. 
 
 Q. And the remark about receiving furloughs for shooting Union prisoners 
 came from that circumstance ? 
 
 A. That was the only connection in which I ever heard it used ; there was 
 a general court-martial, of which Colonel Forno was president, organized at 
 Andersonville, 1 think, in July or August, 1864, to try some of the guard forces 
 and sentries ; it was in session two or three weeks, trying confederate soldiers 
 and officers. On the advance of General Sherman to Atlanta it was thought 
 safe to evacuate the post at Andersonville, and General Winder made application 
 to the officer who convened the court to have authority conferred upon him to 
 order the court away at will ; it was ordered from Andersonville to Camp Lawton, 
 five miles north of Millen, and was convened again there in September, I think ; 
 they had not finished the trial of confederate soldiers at Andei'sonville ; I never 
 saw any portion of the fifth Georgia regiment there but once that I recollect ; the 
 fifth Georgia reserves, Colonel Oumming's regiment, came down one night to 
 help remove the prisoners, and they carried some, I think, to Florence, South 
 Carolina ; that regiment came down in the evening, and went off that night ; I 
 think that was the only time 1 ever saw them there ; I cannot give the month 
 when th^t was ; I know that it was when the prisoners were being removed, in 
 August or September, I think. 
 
 (See " shooting of prisoners by the guards.") 
 
 THE ORDERS TO THE SENTINELS. 
 
 There was an order to shoot prisoners for crossing the dead-line in existence 
 all the time that I was there ; prisoners were not allowed to pass within the little 
 railing inside the stockade; I never heard that order come from the commander 
 of the post, but I know that the different commanders of the post knew that 
 there was such an order ; I do not know that I ever talked with them on the 
 subject, but I am satisfied that they were aware of it, for I was in the stockade 
 at ditferent times with the commanders of the post. 
 
 THE MUSIC AT ANDERSONVILLE FURNISHED BY PAROLED FEDERAL PRISONERS. 
 
 All the music we had at Andersonville was made by federal prisoners who 
 were paroled. I made application to Captain Wirz one day, just before a train 
 of cars arrived, for the detail of a man by the name of Johnny Griffiths, a fife- 
 major in one of the federal regiments who was captured in noithern Georgia; 
 Captain Wirz remarked to me that he had no authority to detail the man, but 
 that he would make an effort to have it done for me ; the man was paroled, and 
 acted as fifer of my regiment until he was sent away to be exchanged ; there 
 was quite a number of such men paroled. 
 
 THE DOGS 
 
 Sergeant Turner, the owner of the dogs, belonged to the 1st regiment Georgia 
 reserves, my regiment, company H; I was not personally acquainted with all 
 the men in the different companies; I do not know that 1 ever saw Turner till 
 an order came from General Winder, in June or July, 1864, requiring this man 
 
TEIAL OP HENEY WIEZ. 435 
 
 Turner to report to him in person; I recollect sending for the man, and his 
 reporting to me ; I sent him over to General Winder, and he came back and 
 reported to me that General Winder had given him a furlongh to go home; I 
 said that was something rather irregular, I thought; and I asked him on what 
 business, he had been ordered ; he said that the general had ordered him to go 
 home and get a pack of negro-dogs he had, and bring them there in order to 
 capture prisoners; I told him that I should object to anything of that kind; I 
 was needing all the men I had at the time, as the guard duty was very heavy ; 
 but I was overruled. He was sent for his dogs, and returned with them, I 
 think, in the latter part of June, or about the first or the middle of July; I did 
 not know the man personally until he reported in pursuance of that order, but 
 his company joined the regiment about the 15th or 18th of April, 1864; I have 
 reason to believe that it was formed in White county, Georgia, and that its 
 members mostly lived there. He was detailed by General Winder's order ; I 
 should not have respected the order if Captain Wirz had detailed that man. 
 Dogs were used to catch confederate soldiers; some men deserted; the dogs 
 were put on the track, and overtook them; they were brought in by this man 
 Turner : ihey were used for capturing Union prisoners and confederate soldiers, 
 I believe; I know of but one instance of their overtaking confederate soldiers; 
 I think some eight or nine were pursued at that time ; they were pursued about 
 ninety miles. 
 
 Q. Do you know of any rule or regulation in regard to the dogs going round 
 the prison every morning to make captures ? 
 
 A^ I don't know of any order on that subject. I cannot say how often I saw 
 them during my stay there ; I saw them several times ; I cannot say whether 
 it was a universal or general thing for them to do that. I never knew of any 
 such rule or regulation of my own knowledge; I never knew there was any 
 such practice; if there had been I would have heard of it, I suppose. 
 
 THE PUNISHMENT OF THB CONFEDERATE SOLDIERS AND FEDERAL SOLDIERS 
 
 COMPARED. 
 
 Q. How were the confederate soldiers punished for escaping, or for other] 
 offences, in comparison with the federal prisoners ? Were they punished in the 
 same manner, or otherwise ? 
 
 A. Punishments were inflicted by the officers; a good many of them were 
 made to dig up stumps for trifling offences; others, when tried by a court- 
 martial, wore ball and chain. 
 
 Q. You have seen them wear balls and chain the same as the federal soldiers ? 
 
 A. The guard-house was nowhere near my quarters; I knew the sentences 
 of the court, and 1 have heard of balls being upon confederate soldiers; I never 
 saw it at the post; 1 knew the sentences and I have heard of cases ; a man by 
 the name of Bush was taken sick, and a physician advised that the ball be 
 removed from him, and I understood it was done; I did not see it, however; he. 
 was a confederate soldier ; a member of the 55th Georgia volunteers. ^ 
 
 THE SUPPLY OF WOOD. 
 
 It was a daily duty for a long while detailing a wood guard for the federal 
 prisoners, whilst there were so many prisoners there ; they commenced making 
 a detail of a wood guard, I think, in June, of 125 every day, to report at the 
 south gate of the stockade; it was their duty, at one o'clock every day, to go 
 with the prisoners after wood, and they generally returned to camp about dusk. 
 I r.eally cannot say what proportion the guard bore to the prisoners in numbers ; 
 I generally furnished a detail of about 120 to 125 men ; the guard duty at that 
 time was very heavy indeed. In June, when I used to have to furnish the 
 guard, there was a good deal of grumbling, and I had to threaten to arrest men; 
 
436 TKIAL OF HENRY WIEZ. 
 
 frequently men would be relieved at eight o'clock, and would have to go at 
 one o'clock to act as wood guard; there were complaints and desertions on that 
 account; I know that it was a very heavy duty upon the guard. When I had 
 nine hundred men reporting for duty, I recollect that for three or four days 
 consecutively I furnished a detail of six hundred men for duty at the stockade; 
 a part of them were for a wood guard ; a portion of the old guard were retained. 
 
 ACTS OF CRUELTY COMMITTED BY WIEZ. 
 
 I never saw Captain Wirz shoot a prisoner; I never saw him kick one; I 
 never heard of his doing such a thing as killing or otherwise injuring a prisoner 
 in any way while I was there. 
 
 Q. "Would you not have heard of it if any such thing had occurred ? 
 
 A. I should have thought it probable at least. I never knew or heard of 
 his beating a prisoner with a pistol, or anything of that kind. 
 
 THE DIFFICULTY OF PROCURING TOOLS, AXES, ETC. 
 
 I I made frequent requisitions for tools for my regiment, and could not get 
 them very frequently when we needed them. I made my requisitions on the 
 quartermaster, J. L. Morgan, at Macon, Georgia, and sometimes sent a quar- 
 termaster up and try to secure them, and he would come back and report to me 
 that he was unable to get them. It was so most of the time while we were 
 stationed at the post. We never were well equipped. We did not have the 
 tools which should have been furnished. I cannot say anything of my per- 
 sonal knowledge as to what became of the tools used by negroes, who worked 
 there awhile. I can only make a statement of a general character on that sub- 
 ject. When General Stoneman was marching down in the direction of Macon, 
 General Winder was afraid he would take Andersonville in his route, and called 
 upon the farmers in the neighborhood, and in adjacent counties, to render all 
 the assistance they could. His call was responded to by sending up a good 
 many negroes with tools. They threw up earthworks — some three or four 
 fortifications around the stockade ; they put in one or two other lines of stock- 
 ade timbers around the original stockade. When they left, (it was about the 
 time of Stoneman's raid — I don't recollect exactly the mouth,) I was one day 
 talking with General Winder at his headquarters, and, lo the best of my recol- 
 lection, a man, of somewhere from the neighboring county, was grumbhng 
 about some one trying to hinder him from carrying his tools away when his 
 hands went ; that they were trying to detain them longer than he thought ne- 
 cessary, and he came to speak to General Winder about it. He did so in my 
 presence. I don't know that Captain Wirz had any ^control over those negroes 
 or the tools, implements, axes, &c., at all. I do not think he had authority to 
 retain them. They came in pursuance of a call of General Winder. That 
 was as I heard it. I never saw the call of General Winder. It was a mere 
 l^eport there at the post. I know that the negroes were there, for I saw them. 
 
 Q. Did Captain Wirz at any time complain to you, in your official position, 
 in regard lo the deficiency of fuel, shelter, transportation, and the like? 
 
 (Question objected to by the judge advocate. 
 
 The court, after deliberation, sustained the objection.) 
 
 Q. What do you know about General Winder's complaining to Captain Wirz 
 of any conduct for the relief of the prisoners there ? 
 
 (Question objected to by the judge advocate. 
 
 The court, after deliberation, sustained the objection.) 
 
 THE RATIONS. 
 
 Sometimes we received bacon, sometimes salt pork, or salt beef; sometimes 
 fresh beef, sorghum molasses, and corn bread. Our rations were not always as 
 
TRIAL OF HENEY WIEZ. i37 
 
 good as I thought they might have heen. I had to see General Winder upon 
 the subject several times, and had some of our rations sent back to the commis- 
 sary of the post, but they were returned to my regiment. After I came back 
 to the regiment, I still found the troops grumbling about the rations. I exam- 
 ined them myself, and ordered them back a second time, and General Winder 
 ordered a new issue. That was of beef The corn meal was of a very inierior 
 character ; I think that most of the time it was musty. I know that the por- 
 tion of it that I got was so. We were never able to draw flour except occa- 
 sionally. When I first went there in May, when an officer reported sick he 
 would be able to get a small quantity of flour ; but that only remained so for a 
 short time. The meal was ground very coarse indeed. There was a great 
 deal of grumbling about rations, and they did desert, some of them complaining 
 that they were not well fed. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDBRSONVILLE IN THE SUMMER OF 
 
 1864. 
 
 I know that Captain Wirz was sick at Andersonville last summer, and for a 
 time was confined to his house, and did not come to the post. The house at 
 which he was living was, I think, about two miles from Andersonville. I was 
 out once, in company with Dr. White, and Captain Wirz was then confined to 
 his bed. I was going to another place, and was passing Captain Wirz's house 
 with Dr. White; he and I stopped. Captain Wirz was very sick that day. 
 He was away from the post for some weeks ; I cannot say how long, exactly. 
 This was in August, I think. I think he was sick, and had been a week or 
 two — probably about the 13th of August. I recollect an incident then that 
 occurred at the post. Captain Wirz was absent from the post at the time the 
 stockade was washed down, and I think that was on Tuesday, the 13th of Au- 
 gust. He was sick at that time, I think. 
 
 THE HANGING OF THE RAIDERS. 
 
 I frequently heard the prisoners inside the stockade whooping and hallooing 
 at night. I am satisfied they were fighting, from the licks I could hear, and 
 the screams after the licks. I have heard it frequently at night. It was about 
 the time those raiders were at work inside the stockade. I was one day about 
 150 yards from Captain Wirz's headquarters, and I heard a whooping, as if 
 from a crowd of men. I looked and saw that they were federal prisoners 
 standing in front of his door. I walked in that direction, and went up the 
 steps. I judge there were about 120 sergeants standing there together. I 
 think there were four ranks doubled — eight ranks — to get them into a small 
 space, right in front of the house. Captain Wirz seemed to be making a speech 
 to them. I walked between the house and the men and stepped up on the 
 floor, near Captain Wirz, and I inquired of some men who were standing theie. 
 They told me that these men had petitioned to be allowed to do as they pleased 
 with some men inside ihe stockade who had been committing outrages — robbe- 
 ries and murders upon others of their number. About the time I stepped near 
 Captain' Wirz, he took a hat in his hand — a black, tall hat ; he held it out, and 
 one of the prisoners stepped forward, (I did not know him by name,) and took 
 from the hat small slips of paper, and in that way selected a jury from the num- 
 ber, to try these men. Captain Wirz made a few remarks to them, and, using 
 some profane language, said that he \^ould turn the damned rascals over to them, 
 or something of that kind, and let them do as they pleased with them ; that 
 they could try them. They went back then with expressions of gratification. 
 They hurrahed. The jury were selected, and marched out as their names were 
 called. They formed a line, and were counted out just before me ; I was within 
 
438 TRIAL OF HENRY WIRZ. 
 
 about three yards of them. They were all inarched inside the stockade. There 
 a court was convened ; a guard was furnished them, and went In and brought out 
 the men whom they desired to have tried. Ttie witnesses came iu before them, 
 and they tried and sentenced some of these men — some of them to be hung. 
 Six were executed, and others had other sentences inflicted upon them in the 
 stockade. They made some of them run the gauntlet. There was a street inside 
 the stockade — a wagon way which had been left open for the wagon that carried 
 iu the rations. From an elevation I could see inside the stockade, and I saw that 
 the prisoners seemed to open their ranks on each side of this road; they would 
 start a prisoner at one end and make him run ] 50 yards, and every one on differ- 
 ent sides would get old sticks and clubs, and everything of that kind, and strike 
 the prisoner as he passed. I could hear the yelling and see the racing. They 
 would crack the man anywhere they could when he went by. I understood 
 that one man was killed in that way. I never knew the fact. These sergeants, of 
 whom I have spoken, were all federal prisoners ; they were commanders of 
 squads of nineties, I believe. 1 heard they were selected. The confederate 
 troops or officers had not anything in the world to do with that matter. I heard 
 General Winder speak of it. I think he wrote to Richmond to know what to 
 do about the matter. After these men were sentenced by the court, he would 
 not allow them to be hung until he received orders ; I don't know from where 
 or from whom. I know he waited some time before they were hung. 
 
 CONDITION OP THE WATER. 
 
 My regiment was ordered to take the quarters of the 26th Alabama. We 
 remained there from about the 11th of May till somewhere in June, when we 
 moved above. We had sinks in the rear of the i-egiment, and the orders were 
 for the men to use them. We were then removed from that place to a hill, a 
 -f[uarter or a half a mile — nearly a half a mile from the stockade. We used 
 well-water. I recollect Captain Wirz objecting to Colonel Harris of the third 
 regiment carrying his troops as far away from the stockade as he wanted to, 
 saying that he was afraid he would be too far away ; that he needed him very 
 much, as he was scarce of troops. Colonel Harris located a little nearer the 
 stockade on that account. One regiment, in June, July or August, of last year, 
 was encamped near the depot — the 4th regiment ; and the latter part of the 
 year the 55th regiment was moved over there, near the same place, near the 
 depot, about a half a mile above the stockade. I do not know whether they 
 were ever removed, for the purpose of relieving that brook, or anything of that 
 kind. I never heard any fuss made about it at that time. I never heard com- 
 pliiint from any one in relation to the troops polluting the water of that brook. 
 Whenever we were camped near the stockade, I desired to get my regiment 
 further from it. There had been some cases of small pox at the stockade which 
 had been brought out, and I desired to carry my regiment further from the 
 stockade. 1 did so on that account, together with others. 
 
 THE CHAIN-GANG. 
 
 I do -not know who ordered the chain-gang. I have seen men in the chain- 
 gang. I know when General Winder came there. I don't know that the chain- 
 gang was ever {here before he came. I don't recollect positively as to the time I 
 saw it. I know that I have seen men wearing the ball and chain. 
 
 treatmen't of the dead. 
 
 The first dead-house was just iu front of the south gate of the stockade, 
 about forty or fifty yards from it. I never saw or knew a guard to be stationed 
 
TEIAL OF HENRY WIRZ. 439 
 
 there. The last place they had for depositing the dead was inside the guard 
 liaes, from the fact that it was inside the hospital enclosure. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I have made efforts to have a good many men arrested for firing off their guns 
 at random. We were very scarce of ammunition there and issued an order not 
 ■ to allow any gun to be fired except under orders. Sometimea the men would 
 cnme and make application to fire off their guns, stating that they had been in 
 the rain and were in a bad condition. Sometimes they would fail to get per- 
 mission, and occasionally we would hear a gun fired at night. The firing at 
 night was frequent. We had a good deal of trouble on that account. We 
 frequently stationed out-guards to catch those who fired off their pieces at night, 
 and they caught some. This firing was very frequently done at night and 
 occasionally in the day. Eeally I cannot toll how it was in comparison. Many 
 would take their pieces and go out into the woods during the day and fire ; wt 
 would hear firing in the vicinity of the camp. Sometimes sentinels in going 
 backward and forward at night would fire off their guns. Some of them were 
 allowed to come from the stockade out to the quarters for their suppel-s, and I 
 have heard the officer of the guard complaining, and saying that they had tried 
 to find out some of the men who had fired off their gune coming back ; after 
 going up to quarters to get supper they would fire off their guns on their return. 
 I heard of the trading carried on between the prisoners inside and the guard 
 forces. I never saw anything of it. 
 
 THE ORDER TO FIRE THE ARTILLERY UPON THE PRISONERS. 
 
 I recollect that one daly when I was at the Star fortification, as it was called, 
 a lot of prisoners came in. They were counted off, put into squads, and ordered 
 to the prison gate. A large crowd of prisoners were congregated inside the 
 stockade near the gate, inside of a line where some flags were put on poles. 
 General Winder came up. Captain Wirz was there, at a piece of artillery 
 near by where I was. He sent over and ordered the prisoners away, saying 
 that it was a rule at the post to shoot into such crowds. I had heard before 
 among the officers that such a rule had been instituted. I never saw the order 
 in writing. Captain Wirz sent a sergeant of his (1 think his name was Smith) 
 oh his horse over to the gate, and told him to tell the sentinel by the gate to tell 
 those men to clear away ; that if they did not he would have to have the gun 
 fired over there. They did go away, and the gun was not fired. 
 
 TUNNELLING OUT. 
 
 We have had what we called "false alarms," and have been ordered out. In 
 some instances the troops have been kept out nearly all night, around the stock- 
 ade. I mean by "false alarms" that we have been notified that the prisoners 
 were going to make an effort to get out of the stockade, and the troops were 
 ordered out to be able to meet them ; but no effort of the kind was made. The 
 attempt was to be made by tunnelling. There was a hole for the prisoners to 
 crawl through and get outside under the stockade wall. One of those to which 
 I alluded yesterday was a very large one. I have heard of some prisoners 
 having escaped through tunnels. I received orders and notifications from 
 Captain Wirz. He said he had been informed by some prisoners that' tunnels 
 were nearly completed, and the guard was called out to prevent escape. This 
 happened several times while I was at .the post. 
 
 THE DEFICIENCY OF TRANSPORTATION. 
 
 I have seen a few mules and horses at that post — I suppose twenty — that 
 were hauling teams. I never put myself to the trouble of counting them. I 
 have seen some officers' horses there at the stable. 
 
440 TRIAL OF HENET WIEZ. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I know the prison was very much crowded. It was very difficult sometimes 
 for prisoners in large lots to march in. They would congregate around the 
 gate. I was there one day when about twelve hundred arrived. Captain Wirz 
 remarked that he was very sorry they sent so many men there, as they were 
 crowding the prison so much. That was before the enlargement of the prison 
 was completed. They were making arrangements then to enlarge it. I should 
 think he was frequently annoyed and troubled in that way, because the prison 
 was very much crowded — very much indeed. Large lots of prisoners came in 
 day after day. I should think they conld not be very well cared for, there were 
 so many of them together ou that small piece of ground. All the prisons at 
 Richmond were evacuated on account of the movements of General Meade, and 
 the prisoners were sent to Andersonville very rapidly. Then, on account of 
 the movements of the federal army from Pensacola towards Selma, Alabama, to 
 cut off Mobile, the prisoners were sent from Oahawba. They came in very 
 rapidly in June or July. General Winder sent Captain Dyke to Alabama to 
 establish a prison there. He came back and reported that on account of the 
 movements of the federal army in Alabama that was declined. There was one 
 built at Florence, South Carolina, and one at Millen, Georgia. 
 
 Q. Do you know of any prisons having to be broken up for that cause? 
 
 A. Yes. Most of the prisoners were sent there for that reason. I know that 
 a great many were sent away from Andersonville for exchange. Some were 
 sent to Savannah. 
 
 SHOOTING OF PRISONERS BY WIRZ. 
 
 Captain Wirz rode a gray mare. I do not know that I ever saw him ride any 
 other. I do not know of his riding or having any other. I do not know how 
 Captain Wirz became crippled in his arm. 
 
 GENERAL COBB'S SPEECH. 
 
 General Cobb was at Andersonville twice. 
 
 Counsel for the defence, (having referred to the record.) Did you hear the 
 speech made by General Cobb, at Andersonville, in March, 1865 ? 
 
 The Judge Advocate. I wish to submit to the court, in this connection, a 
 question jvhich I deem of considerable importance, as, if decided in one way, it 
 will abbreviate this trial; and if decided in the opposite way, will lengthen it 
 very much. It is, whether counsel for the defence can defend all the parties 
 inculpated in the evidence. 1 do not wish to have the appearance of trying to 
 exclude a particle of testimony that might assist in explaining away the con- 
 duct of the accused, as shown by the witnesses for the government ; but still I 
 must insist that counsel has no right to appear for any one else than Captain 
 Wirz, and to defend such conduct as he has committed in connection with 
 others, so far as the question of conspiracy is concerned. The government has 
 not prosecuted in this trial any one but Captain Wirz with the vigor that it 
 would have displayed if others were on trial ; and that is an additional reason 
 why the defendant should not be allowed to go on with his defence as against 
 the others named and not named. The particular acts committed by co-con- 
 spirators cannot be explained away except by parties authorized to appear for 
 them, and when they themselves are on trial. 
 
 Mr. Baker. I have no desire to follow the government in its investigation 
 after the truth touching other conspirators, and 1 would most willingly have the 
 judge advocate put on record, so that this court may take cognizance of it, that 
 testimony affecting others who are charged as conspirators, and not affecting 
 
TRIAL OF HENRY WIRZ. 441 
 
 Captain Wirz, shall not be taken into consideration, as against him. If he will 
 do that, I will willingly refrain from pursuing the inquiry as to General Cobb 
 and others ; but if not, I claim that 1 have a right, in defending Captain Wirz, 
 to show that the acts alleged against others, and in which he is sought to be 
 involved, were not committed. 
 
 After further discussion the court was cleared for deliberation ; and on the 
 doors being reopened, it was announced that the judge advocate withdrew the 
 question. 
 
 Q. Did you hear General Cobb in his speech at Andersonville make use of 
 such language as this 
 
 (The judge advocate objected to the question being put in that form. The 
 witness should be asked to state what General Cobb had said, not what he had 
 nut said. 
 
 After deliberation the objection was sustained.) 
 
 Q. What language did you hear General Cobb make use of in March, 1865, 
 there ? 
 
 A. He made a speech there some time this year ; I cannot speak positively 
 as to the date ; it was probably about that time ; but I cannot say with any 
 degree of certainty what was said. I never expected to be called on the stand 
 as a witness. I think General Cobb came there and made a speech more for 
 the troops than anything else. There had been a great many desertions among 
 the confederate troops. General Sherman had passed through the State, and the 
 homes of many of the men had been destroyed. The men made applications 
 for furloughs, which were not granted, and a great many deserted. There was 
 a good deal of dissatisfaction at camp, and General Cobb came at the solicita- 
 tion of Captain Dyke, Colonel Gibbs, and some other officers, and made a speech 
 for several minutes, at a place called the brick-yard, arranged for the purpose. 
 He spoke to the officers and men, and tried to interest them to do their duty. I 
 do not recollect any particular points of his speech. 
 
 Q. Did he or did he not use this language? 
 
 The Judge Advocate requested Mr. Baker to write his question before 
 putting it to witness. 
 
 Mr. Baker. The question I desire to put to the witness is this : whether 
 or not General Cobb said in that speech 
 
 The Judge Advocate, (to the witness.) Colonel Fannin, will you please 
 step out of the room for a moment ? 
 
 The witness left the room, and the doors were closed. 
 
 The Judge Advocate. Now, Mr. Baker, you may state your question. 
 
 Mr. Baker. I will not ask a question till my witness returns. A witness 
 was never turned out before. It is a personal insult to me. 
 
 The Judge Advocate. It is not unusual when counsel persists in asking 
 a question that is in its nature leading, and when he declines to put the ques- 
 tion in writing, to exclude the witness from the court. It is no unusual pro- 
 cedure, and is no insult to the counsel or the witness. >-. 
 
 Mr. Baker. The government has had its witnesses here, day in and day| 
 •out, has had them all together, and examined them in the presence of each 
 other, and I never made any objection, nor asked for the exclusion of a witness. 
 And yet, no sooner as we enter on our defence, we are told that we must reduce 
 onr questions to writing, when the court and the judge advocate know that we 
 have no time to do so, and one of our witnesses is excluded when he is asked 
 a fair and proper question. I cannot reduce my questions to writing. I told 
 the court so last week ; and if I am compelled to do it I must leave the case. ^ 
 
 The President, (to Mr. Baker.) I think you are taking rather an unfair 
 advantage of this proceeding. The judge advocate does not ask you to put 
 your questions in writing. 
 
 Mr. Baker. But he sends my witness out because I do not do so. 
 
442 TEIAL OF HENRY WIRZ. 
 
 The Presidemt. Allow me to proceed. It would not be possible to get 
 through the case in that way. He has asked you, however, to put in writing 
 this question, as he had a right to anticipate that it was going to be suggestive 
 to the witness. 
 
 Mr. Baker. Well, sir, I cannot proceed under any such rule. 
 
 The Prbsiurnt. It may be that your associate counsel can. 
 
 Mr. Bakek. I am willing to abide by any fair rule that the court may pre- 
 scribe for both sides of the case ; but it is not right to hamper me in this way, 
 when I am hampered in so many other ways. I am sorry to think — but I must 
 think so — that it is personal to myself. 
 
 The President. Your object I think is to excite some sympathy on your 
 behalf, Mr. Baker, as well out of court as in court. If you state what you wish 
 decided, the court will decide upon it. 
 
 Mr. Baker. I want my witness to take his place on the stand, as he should. 
 That is all I ask. Everything was done for the government 
 
 Tlie Judge Advocate. If you did not do your duty, I am not going to 
 fail to do mine. 
 
 Mr. Baker. The judge advocate knows th^t I strive to avoid all unpleas- 
 antness. 
 
 The President. I desire to understand what you want. 
 
 Mr. Bakkr. I was going to reply to the judge advocate 
 
 The President. We do not want any speeches. We will settle that point 
 immediately. Let the room be cleared. 
 
 The court was cleared for deliberation, and after the doors were reopened, 
 the decision of the court was announced by the president as follows : 
 
 I desire to call the attention of counsel to a passage of " De Hart's Military 
 Law," applicable to this point : 
 
 It sometimes happens that a question when propounded by one of the parties or a member 
 of the court appears too objectionable to be read iu the heaving of a witness ; in such ease it 
 is manifestly the duty of the judge advocate to ask to have the court cleared before it is an- 
 nounced, and then state the objections to it. This is a means of preventing a witness from 
 being: instructed or led in the course of his evidence by improper questions, though they 
 are not permitted to be answered. 
 
 In this case, in order to save the trouble and confusion of clearing the room, 
 the judge advocate directed the witness to retire, instead of having the room 
 cleared as he might have done. 
 
 In reference to another point, we will settle it here. The judge advocate, 
 when he anticipates a question of a leading character, or one likely to instruct a 
 witness, has a right to require the question to be reduced to writing and submitted 
 to him. He h^s also, at the same time, a right either to have the room cleared, 
 or to ask the witness to retire, so that the question may be considered by the 
 court. 
 
 Mr. Baker. I have no objection to that rule. 
 
 The PliESiDENT. Vary well, sir; that settles this point. 
 
 Mr. Baker. I know all these rules very well, but what I do object to is that 
 my witness should be in that way sent from the stand. 
 
 The President. Whenever the judge advocate sees fit and proper to do so, 
 he may direct a witness to retire, or when he deems it necessary in the proper 
 discharge of his duty, he may require that the question shall be reduced to 
 writing and submitted to him. 
 
 Mr. Baker. Before he sends my witness from the stand, he must first hear 
 my question, or give me some notice. 
 
 The President. He is not required to give any notice or to hear your ques- 
 tion. If you propound your question orally the mischief would be done. 
 
 Mr. Baker. He might suggest to me as a gentleman that he wished me to 
 stop, and wished the witness to retire. 
 
TRIAL OF HENRY WIRZ. 443 
 
 The PfiESiDiiNT. If there be any objection to the mode of getting the witness 
 out of the room, that is for the court. The court will take care of its own honor 
 and dignity. 
 
 Mr. Baker. As to that, I have nothing to say, but I do object. 
 
 The Presidkxt. The question is settled, sir. 
 
 The Judge Advocate. I have a distinct recollection of asking the counsel 
 to reduce his question to writing, and when he declined to do so, and persisted 
 in putting it orally, I said to the witness — " Colonel Fanning, will you please 
 step out 1" 
 
 The Presidbxt. It is not material what form of expression was used. 
 
 The Judge Advocate. There was an imputation made by the counsel that 
 I had not acted gentlemanly. 
 
 Mr. Baker. I only ask you to treat me with the same courtesy as I do you. 
 
 The Judge Advocate. Have I not done so ? 
 
 Mr. Baker. I do not feel that you have ; I know your heart is good enough, 
 but 
 
 The President. Gentlemen, you must settle that in another way. 
 
 Mr. Baker. As the matter is settled I will waive the question altogether. 
 
 The President. The court has not decided the question. If you wish to 
 ask it you must reduce it to writing as has been indicated. 
 , Mr. Baker. I will waive it. 
 
 the power of captain WIRZ TO GRANT FURLOUGHS. 
 
 Cross-examined by the Judge Advocate : ^ . 
 
 CaptaJu Wirz had control of the guards after they were turned over to him, 
 until a new guard was furnished to take their place. I do not know whether 
 lie evpr inflicted punishment on them or not. He could arrest them, I suppose, 
 if they did not do their duty, and I understood he did arrest some and prefer 
 charges. He was recognized as a captain in the rebel army. I saw that he 
 signed himself as assistant adjutant general, and gave transportation, but not 
 until this year. He was a staff officer of General Winder's. 
 
 Q. Could he not exercise the same power as General Winder, by reason of 
 hia being a staff officer ; and did he not so issue transportation ? 
 
 A. He did issue transportation on the railroad from Andersonville to other 
 points. I obtained a furlough from him once ; I said he could not give a fur- 
 ough to a soldier unless when he was in command of the post. Then it was 
 necessary for him to approve a furlough. He did approve a fui-lough for me 
 when he was in command of the post. I presume he gave other furloughs when 
 he was in command of the post ; I never saw it ; I understood that General ^ 
 Winder was in supreme command while there. -^ 
 
 Q. Do you not suppose that Captain Wirz as a staff officer could have Issued 
 those orders which you say he could not issue ? 
 
 Objected to and question withdrawn. 
 
 I knew Captain Wirz had command of the prison ; I was not a familiar asso- 
 ciate of Captain Wirz ; I did not see him every day. He was not an associate 
 of mine. His business and place of business were entirely different from mine. 
 
 Q. Did not the officers shun him, regarding him as a man not fit for their asso- 
 ciation ? 
 
 Objected to, and modified so as to apply only to witness. 
 
 I did not associate a great deal with Captain Wirz. Our business was dif- 
 ferent ; I had other friends at the post. I had plenty to associate with ; I did 
 not select him while there as an associate. I was in the stockade three times, 
 I think, while I was on duty there. I was in the stockade I think in June, 
 1864, when Colonel Persons was in command, and I think the other time I was 
 there was in 1865, when Colonel Gibbs was in command. The only time! was 
 
444 TRIAL OF HENEY WIEZ. 
 
 in the stockade in 1864, was once in June, I think ; I was not familiar enough 
 in Captain Wirz's headquarters to know all that wag going on there. My busi- 
 ness was elsewhere. Part of the time my office was half a mile from his, and 
 part of the time it was not more than two or three hundred yards, but all this 
 year my office was away from his nearly half a mile ; I cannot say that I knew 
 what was doing in them. I have never known an application for a furlough on 
 the grounds of a soldier having shot a Yankee prisoner. So far as I am con- 
 cerned, I do not know that any application was ever made to me on that score. 
 I would not influence a man to shoot prisoners unnecessarily. I certainly would 
 not hold out that inducement. 
 
 Q. Then you would not very likely have found it embodied in the applica- 
 tion as one of the reasons why a furlough should be granted ? 
 
 A. So far as that is concerned, I do not think a man would state that in his 
 application. 
 
 Q. From what you know of General Winder's power there, and of Captain 
 Wirz's influence as staff officer, would not his or their approval have secured a 
 furlough for any soldier? 
 
 A. General Winder's certainly would ; there is no doubt of that. 
 , By the Court : 
 
 The guards for the stockade were not taken exclusively from my regiment, 
 they came from the different regiments. The regiments were called upon every 
 day, in proportion to their number. If furloughs were granted to men other 
 than those belonging to my regiment, I would not of necessity know any tiling 
 about them, unless I was in command of the brigade. The prisoner had no 
 authority to grant furloughs unless when he was commandant of the post. I 
 know that Captain Wirz did command the post for a little while, and during 
 that time he approved a furlough for me. When I reported first at the post. 
 Colonel Persons was absent. Captain Wirz was there and told me thatbe had 
 instructions for me, and that he was looking for me at the time. He had been 
 notified that my regiment was coming ; I reported to him at night. The next 
 day Colonel Persons came. He was lieutenant colonel of the 55th Georgia regi- 
 ment. I told him that I ranked him ; he said, " Yes, but that makes no differ- 
 ence; I have an order from the secretary of war placing me in authority here, 
 and I ?im to command even those of higher rank than myself who may be 
 stationed here in command of troops. General Winder made the same state- 
 ment. I never saw the order which Colonel Persons had ; I know that it made 
 a difficulty between him and Colonel O'Neil, who had been there before me. 
 Colonel O'Neil had claimed that he had a right, being superior in rank, to take 
 command of the post. I really do not know how that authority to take com- 
 mand of the post passed to the prisoners, whether it was in writing or verbally. 
 I know that I never troubled him on that score. I was in command of the 
 troops. The troops were all the^ garrison at the post I do not know by what 
 autliority the prisoner assumed command of the post during the absence of 
 General Winder, but I know the fact that he was recognized by General Winder. 
 I really do not know that it wa^ by virtue of being a staff officer and acting in 
 his name. 'There were men called sergeants under the command of the prisoner, 
 permanently attaehed to the prison. Most of them may have been privates. 
 They belonged to the flSth regiment. They belonged to a regiment then at the 
 post. I think that in October last the regiment was sent away from the post 
 to Florence, South Carolina. 
 
 We had not a field officer of the day for some time. We generally had a 
 captain of the guard. A portion of the time we did have a field officer of the 
 day, and he did report to Captain Wirz for orders. That only existed for a 
 short time because of the heavy duty. The system of field officers was estab- 
 lished under the orders of General Winder. He was appointed commissary. 
 
TRIAL OF HENRY WIRZ. 445 
 
 general to command all the prisons east of the Mississippi river, and he made the 
 order that field officers of the day should report to Captain Wiiz. The field 
 officer reported to him always as commandant of the prison for instructions, 
 thiniiing that he was responsible for the keeping of the prison. When Captain 
 Wirz approved a furlough for me he did not sign it by order of any other officer. 
 He signed it " H. Wirz, Commanding Post." When I was at Andersonville, 
 Captain Wirz never applied to me as his superior officer for any official favor, 
 indulgence, or service. 
 
 By Counsel : 
 
 I commanded four orfive regiments at Andersonville; I was called both ways — 
 commandant of the troops, and commandant of the brigade. 
 . I really do not know how many days Captain Wirz acted as commandant of 
 the post. He approved my furlough and I went off, and when I came back 
 General Winder was in command of the post. 
 
 (See shooting of prisoners by the guards.) 
 
 CONDITION OF THE WATER. 
 
 By the Judge Advocate : 
 Oneof the reasons why my regiment was removed from its first encampment was 
 hecause of the offensive stench arising from the prison. At that time my camp 
 was located west of the south gate of the stockade, the one nearest Captain Wirz's 
 headquarters. The drainage of the camp passed into the stream that led into 
 the stockade. When we were located there the water flowing on that side of the 
 hill would run down towards the branch. 
 
 acts of cruelty committed by wirz. 
 
 I never knew Captain Wirz to commit any act of cruelty towards prisoners ' 
 . of war of my own personal knowledge. I never saw it. I have been near the 
 post when prisoners arrived and were being carried off. Some .of them would 
 get out of place when standing in ranks, and I have heard Captain Wirz curse 
 men for being out of their places and say that he would shoot them if they did 
 not get into line. I have seen him draw a pistol on the men. He was a profane 
 man. I iiave heard him swear and curse a good deal. A great many men in 
 his office seemed to be getting on with him very well. 1 have heard him talk 
 sociably with them, and I have heard him swear and curse them sometimes. I 
 did not say that I never heard of any act of cruelty on his part. That was not 
 what I intended to say. I have heard a good deal sworn against him on the 
 stand here, and when at Andersonville I heard of men being in the stocks, and 
 1 have seen them in the stocks. I have seen men in the chain-gang. 
 
 condition of thk prisoners in the stockade. 
 
 I did not know of the sufferings that have been depicted here, as having 
 occurred in the stockade. I noticed things in the stockade. I have been in the 
 stockade. I have seen some men sick lying in their quarters there. I have 
 seen a great many men pretty badly smoked out, and I have seen some with 
 very little clothing. I never said that 1 thought that camp a pleasant place. 
 There was a great deal of suffering in that stockade. 
 
 THE DIFFICULTY OF PEOCURING TOOLS, AXES, ETC 
 
 When I said Captain Wirz never had any tools to work with, I spoke in 
 reference to some tools that belonged to farmers there which I understood he 
 tried to retain. I have seen tools brought out of the stockade. One evening 
 when I was standing near the stockade gate or riding past I saw tools brought 
 out from the stockade, and I spoke to an officer about it. He said they had been 
 
446 TRtAL OP HENRY WIRZ. 
 
 sent in for digging wells, and were brought out at night. Tha twas my impres- 
 sion. I recollect when the stockade was increased. I think they were working 
 at it longer than three weeks; I do not know exactly. I cannot say whether 
 there were plenty of tools at that time ; I never had anything to do with them. 
 By the Court : 
 
 When my regiment first went there it occupied the quarters of the twenty- 
 sixth Alabama, I think. There were forks placed in the ground and boards 
 from the pine timber were placed on them and covered. My regiment went 
 Into those quarters. Some of the houses which the filty-fif'th regiment had were 
 sold and removed, and I had to put up tents for a large portion of my men. We 
 had no floors to our tenis. When we removed to other quarters we had to build 
 barracks there. We had some tents. We cut down timber for the materials 
 for our barracks. We cut it down with our own men. I made application for 
 tools and could not get them. 
 
 Q,. Had you not tools enough to make quarters at that time ? 
 
 A. I furloughed some men at one time on that ground. I asked that a fur- 
 lough should be granted for men to go home and bring their tools. Some of the 
 men lived in the neighborhood, and they went and brought tools for that pur- 
 pose. 
 
 THB SUPPLY OF WOOD. 
 
 By the Judge Advooatb : 
 ' If I had had trausportatiou I should have made every effort in my power to 
 have supplied the prisoners inside with fuel. J should have made an effort to 
 supply the prisoners with fuel to cook their food. There was wood corded up 
 near the cook-house for some time ; at the same time wood was being carried in 
 by federal soldiers under a wood guard. I did not know of their having really 
 I suffered for want of wood. 
 
 ^r- By the- Court : 
 
 The rations were uncooked for the troops. My men were never compelled to 
 eat them uncooked at the post. I mean by 'that, they had fuel enough to cook 
 the rations. They would go into the woods and cut the fuel down and carry it 
 into camp. It was a little troublesome to get it. For some time the men had 
 to carry it on their shoulders to the place wliere they were at first, but when we 
 moved we went to where the woods were. The wood guard of one hundred 
 and twenty-five men after their return had an opportianity of sleeping that night. 
 We always tried to select tlie wood guard, so that the men would be relieved 
 from duty as soon as they came back. We had no system of drills in the after- 
 noon at that time. When we furnished these guards we could not do it. I 
 really do not know how many prisoners were permitted to go out for wood in 
 charge of the one hundred and twenty-five men. They were sent under a com- 
 missioned officer to report to Captain Wirz. I really do not know how many 
 unarmed men one hundred and twenty-five armed men would be capable of 
 guarding in the woods. I know the men used to report very frequently that 
 some of the prisoners got away. I always recognized their right to do that. It 
 would be only a guess on my part as to how many prisoners they could have 
 guarded. It would be dangerous to have sent out many with them, as the 
 
 i^ guards were new, raw, and undisciplined troops. 
 
 THE RATIONS. 
 
 The commissary sergeant made the requisition for rations for my regiment; 
 it was brought to the commandant of the regiment, approved by him, then brought 
 to the commandant of the troops, and examined and approved by him, and then 
 brought to the commandant of the post. The commissary sergeant was not re-' 
 
TEIAL OF HENRY WIRZ, 447 
 
 sponsible for them. He tnade out the requisitions. To save trouble we gen- 
 erally sent over and inquired what they had at the commissary department, and 
 what we would get. The commissary sergeant was supposed to know the dif- 
 lerent articles that he could draw when he made requisition. It was approved 
 and he only drew such articles as they had at the post. It was the duty of the 
 commander of the regiment to see that the requisition was correct before he ap- 
 proved it — that is, that it called for the proper number of rations. I really do 
 liot know who established the rations for the troops. I tried to have the ration 
 increased at the commissary department, and I spoke to my commissary sergeant 
 very often about it, but he said it was all that we could get. I really cannot 
 tell the quantity of rations per man or what it was. I did understand that the 
 ration was changed. I know that we drew only meal and meat, and sometimes 
 salt pork. I really cannot recollect how much meat we did draw per man while 
 I was there. I cannot tell the number of ounces it takes to sustain a man in 
 good fighting order. I know there was a good deal of grumbling about it in 
 camp. As for myself, I used to get provisions from home. 
 
 REMARKS RELATIVE TO MR. SCHADE PASSING LETTERS BEWEEN CAPTAIN WIRZ 
 
 AND MRS. WIRZ. 
 
 The Judge Advocate. As I was directed yesterday by the court to confer 
 with the keeper of the Old Capitol prison with regard to the statement made 
 by the counsel, (Mr. Schade, ) I suppose it is proper to read the report which I 
 have received from Captain Weist. That letter is as follows : 
 
 Old CAPtTOL Prison, 
 Washington, D. C, September 27, 1865. 
 Sir : In reply to your communication dated the 26th instant, in which you state the coun- 
 sul for Wirz stated to-day, in defence for his giving money, &c. , to the prisoner to procure 
 something to eat, " that he could not get at the Old Capitol those things he needed, intimating 
 that he is not well cared for by you, (me,") and requesting me to report just what treatment he 
 receives, I have the honor to inform you that Captain Wirz is treated in every respect as len- 
 iently as is consistent with his position and compatible with my duties. He is furnished with a 
 cot and bedding, such as are used in the United States medical department, furnished with a 
 mosquito bar. If he choses to eat the prison fare he is furnished with the sairie ration allowed 
 soldiers of the United States army, with the addition four times per week of the principal 
 fresh vegetables in" the market. If unwell, he is supplied with such diet as may be prescribed 
 by the surgeon of the' prison, which is procured from the prison fund. 
 
 He is also permitted to procure such edibles as he may be able to purchase. He is also 
 allowed any books that can be procured. The only restraint to which he is subjected is that 
 placed upon his liberty, and such precautions as will preclude his committing any injury to 
 himself. I think if Captain Wirz is ilnterrogated, he will corroborate this statement. 
 Very respectfully, your obedient servant, 
 
 GEOEGE WEIST, 
 Captain and Military Superintendent, O. C. P. 
 Colonel Chipman, 
 
 Judge Advocate, Military Commission for trial of Wirz. 
 
 The Judge Advocate continued ; 
 
 I desire at the same time to read to the court the intercepted letter that was 
 sent by Mr. Schade yesterday to Mrs. Wirz. It reads thus : 
 
 Old Capitol Prison, 
 
 September 26, 1865. 
 
 My Dearest Wife : I have been hoping to see you on Sunday, and also yesterday. God 
 only knows how I wish to see you. 
 Lize, I have one thing to ask of you, and do it immediately, if you can. 
 Send Mr. Schade |10. It is for a certain purpose. 
 
 I send you an envelope directed to him. Just put the money in ; you need not to write. 
 All that it requires is to put a post stamp on it and send it off. 
 I am somewhat better. I hope to see you to-morrow. 
 
 Yours, _ 
 
 <, H. WIEZ. 
 
448 TRIAL OF HENRY WIRZ. 
 
 The direction is as follows : " Mrs. H. Wirz, No. 250 F street, between 13th 
 and 14th street, Washington, D. C." 
 
 Enclosed is an envelope directed, " Louis Schade, esq., 499 7th street, oppo- 
 site Odd Fellow's Hall, Washington, D. C." 
 
 The Judge Advocate continued : 
 
 I think this letter needs no comment ; hut I desire to state further, by request 
 of the bailiff of this court, whose conduct seems to have been impugned a little 
 yesterday by the remarks of counsel, that the letter given to him by Mr. Schade 
 for delivery was first submitted to me, the bailiff not attempting to carry out the 
 purpose of the counsel improperly. That letter, which I opened, contained a 
 direction of the prisoner to have his request carried out through Mr. Schade, 
 stating that during court the money could be handed him. It was in conse- 
 quence of that letter that the lieutenant in charge of the prisoner was instructed 
 to observe what passed between the counsel and the prisoner, and thus noticed 
 the money given and the note handed at the time spoken of yesterday. I be- 
 lieve I have now stated everything connected with this affair. 
 
 Mr. Schade. I stated yesterday that I did not know anything at all about 
 the contents of those letters. I recollect that I have received two letters from 
 the prisoner to be sent to his wife, one last Saturday, and one yesterday. The 
 one of last Saturday I gave to the bailiff of the court ; the one of yesterday was 
 afterwards presented by me to the judge advocate. I must, however, state that 
 I never received any answer from Mrs. Wirz ; in fact, I have seen her only 
 three or four times, and then in this building. 
 
 With the permission of the court I will state the purpose which the prisoner 
 had in view in asking his wife to give him ten dollars. As I remarked yester- 
 day, I have several times given the prisoner money, that he might buy some 
 extra food. Last Saturday week I gave him five dollars, and last Saturday, at 
 his request, I again gave him five dollars. From a certain feeling of delicacy 
 on his part, he has been urging his wife to repay me those ten dollars, as he had 
 learned that she had received a few dollars. I did not know anything about it, 
 and I never would have asked him to return me that money. I did not know any- 
 thing about the contents of those letters. 
 
 The court was then cleared for deliberation ; and when the doors were re- 
 opened, the president (addressing Mr. Schade) said : 
 
 We desire you to understand that this action on your part is fully appreciated 
 by every member of the court ; but considering the stage of the trial, and fear- 
 ing that any further action in the matter by the court might be detiimental to 
 the interests of the prisoner, it has been concluded to let the matter drop. We 
 are also of opinion that you are now sufficiently warned. 
 
 the deficiescy of transportation. 
 
 September 27, 1865. 
 John F. Heath, recalled for the defence : 
 
 I was at Andersonville, May, 1S64, as first lieutenant company E, 3d regi- 
 ment Georgia reserves. Wagons and horses were very scarce at Andersonville. 
 There were four regiments there, I think, when we got there, and they had 
 either four or five wagons for the use of those four regiments. I saw no corral 
 there, except a small horse lot. A few mules and horses were in this horse lot. 
 Alt the horses that I ever saw were used daily ; there might have been some 
 ^^officers' horses in the lot. 
 
 the rations. 
 I — ■ 
 
 We received in my regiment a pound and a quarter of meal, very coarse at 
 that generally. Once in a while a third of a pound of bacon. At other times 
 a pound of beef, and that very poor, and when we did not get bacon or beef, we 
 
TRIAL OF HENEY WIRZ. 449 
 
 got a little sorgbum, a kind of molasses made out of Chinese cane. I have been 
 at the commissary often on drawing days, and have seen them drawing rations 
 for the stockade out of the same lot that I drew from for my regiment, but to 
 the quantity I could not say. I bad to send home for provisions to live on and/ 
 to buy what I could through the country. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDERSO.WILLE IN THE SUMMER 
 
 OF 1864. 
 
 I know that some time during the siunmer of 1864 Captain Wirz was sick, 
 at least it was so reported. I did not see him ; he was expected to die. I saw 
 him after be got up, and he looked very bad. I could not tell what season or 
 time of the year it was. I cannot tell how long be was sick, I think two or 
 three weeks ; I cannot tell exactly what time it was. 
 
 THE GARRISON AT ANDERSONVILLE.' 
 
 The guard forceat Andersonville was composed of boys from fifteen to eighteen, 
 and men from forty-five to fifty ; at least that was the intention. They were not 
 under very good discipline — they were not well drilled. The men would go off 
 and stay for two or three days at a time, and when they came back very little 
 notice would be taken of it. A man would, perhaps, be made to stand upon a 
 box for an hour or so, and then turned loose. They did pretty much as they 
 pleased, going backwards and forwards. It was not like it was in Virginia ; I j 
 should not call it discipline at all, myself. 
 
 THE NUMBER OF GRIST MILLS NEAR ANDERSONVILLE. 
 
 There were two grist mills from Macon to Andersonville — two water-mills. 
 I only know of those two mills between Macon and Andersonville. They were 
 common water-mills. I could not say bow much they would grind per day, but 
 they, were just common country mills, such as we have in our country. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 I never saw but one lot of prisoners searched there, and they were Stoneman's 
 men. That was the only lot of prisoners I ever saw searched. 
 
 Q. Was there any particular reason for searching them ? 
 
 A. The reason that I heard 
 
 Q. (By the Judge Advocate.) Did you hear itin an official way ? 
 
 A. I did not. 
 
 Q. (By the Judge Advocate.) It was simply hearsay ? 
 
 A. Yes, sir. 
 
 By Counsel : 
 
 Q. Where did you get your information ? 
 
 A. Well, I could not say ; I was at my quarters. 
 
 Q. Was it a notorious fact, or otherwise ? 
 
 A. It was generally believed that the reason they were searched was ■ 
 
 The judge advocate objected. 
 
 I cannot say that the reason for searching them was notorious in camp ; I 
 heard nothing of it in my camp. When the prisoners came in I was at my 
 quarters. I went down and they were searching the prisoners, and I stepped 
 up to some officers there and asked them what they were searching the prisoners 
 for. 
 
 The Judge Advocate. You need not state, what they said. 
 
 I do not know whether they were searched in consequence of any order or 
 H. Ex. Doc. 23 29 
 
450 TRIAL OF HENRY WIRZ. 
 
 not. Captain Wirz was there and a man named Reed, who was acting as 
 provost marshal, and several officers of my regiment, and of other regiments, 
 were standing around there to see the prisoners. I asked what it meant, of some 
 of the officers, and they observed 
 
 The judge advocate objected to the witness stating what he had been told, 
 and the objection was sustained. 
 
 It was not generally known that there were orders from Richmond to search 
 Stoneman's raiders. I could not say that it was generally known that there 
 were orders from anywhere else to that effect. I do not know of any orders 
 further than I started to tell you. I do not know that I ever heard of 
 orders. I do not know anything about Captain Wirz attempting to prosecute 
 men who were depriving prisoners of what belonged to them. 
 
 Q. Did you ever know of his making any attempt to do that 1 — of his having 
 charges preferred against them 1 
 
 Witness. Against confederate soldiers 1 
 
 Uoii.MSEL. Against prisoners outside who were depriving prisoners inside of 
 what belonged to them. 
 
 A. No, sir ; I did not. 
 r'Q. Did you ever hear or know of any desire on the part of Captain Wirz to 
 prosecute or punish those who had deprived our prisoners of what belonged to 
 themi 
 
 A. No, sir ; I never did. What do you mean by " our prisoners ? " 
 
 Counsel. I mean Union prisoners. 
 
 A. Yes, I have seen Captain Wirz take provisions from Union prisoners. 
 The guards would bring up some federal prifoners who had been buying little 
 things, and he has taken it from them and divided it with the guard, and kept 
 the other half himself I do not know what he did with it. He took it from 
 federal prisoners. I do not know what he did with it. I never heard of 
 Captain Wirz punishing or attempting to punish prisoners outside for depriving 
 ^prisoners inside of what belonged to them. 
 
 THE DOGS. 
 
 I know nothing about Turner being detailed with his dogs. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I never knew or heard of Captain Wirz shooting or beating a man with hia 
 pistol, or kicking him to death, until I came here. I heard on the road, as I 
 came here, of his shooting a man, but I never heard of any such thing at 
 Andersonville. I never heard of Captain Wirz killing a prisoner in anyway. 
 Captain Wirz rode awhile on a gray horse. I do not recollect that I ever saw 
 Captain Wirz have any but a white or gray horse. It was a fact that the white 
 [Jiorse was as notable as Captain Wirz himself. 
 
 THE DEFICIENCY OF TRANSPORTATION. 
 
 Cross-examined by the Judge Advocate : 
 
 Q. You spoke of there being four or five wagons for the use of the regiment ; 
 you do not speak in that connection of the post transportation, do you ? 
 
 A. No, sir. 
 
 The corral was merely a small lot ; I do not suppose there was more than 
 half an acre in it. It was not a regimental corral. Those wagons were after- 
 wards taken from the regiments and turned over to the post. 
 
 THE rations. 
 
 Tl suppose there were some of my comrades who did not send home for provi- 
 sions — who lived on the rations they got, though, in fact, most of them got 
 
TRIAL OF HENRY WIRZ 451 
 
 proTisions from home, sent to them from time to time. I could not tell how 
 long I have lived on the rations without having other provisions ; I generally 
 got what I could. I did not feel disposed to live on the rations. I do not pre- 
 tend to say that I would have starved to death on them, hut it was a very small, 
 ration. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDERSONVILLE IN THE SUMMER OF 
 
 1864. 
 
 I could not say how long or when Captain Wirz was sick ; what I know is 
 from report, and not from having seen him. 
 
 THE GARRISON AT ANDERSONVILLE. 
 
 The men of my regiment would go off and he gone two or three days, and , 
 when they came back or were brought back they were never done anything 
 with. They never tried to get furloughs. 
 
 THE NUMBER OF GRIST MILLS NEAR ANDER.SONVILLE. 
 
 I know of two mills between Macon and Andersonville. Those are the only 
 two mills on the railroad. I know they are the only two mills between Macon 
 and Andersonville on the railroad ; that is, in sight of it. I do not speak of 
 what may be distant half a mile or so ; I speak only of those right on the rail- 
 road. 
 
 medical testimony. 
 
 September 27, 1865. 
 , Dr. F. Gr. Oastlen, recalled for the defence : 
 
 I was in 1864 surgeon of the 3d Georgia reserves, and was at Andersonville 
 from May till the last of September. 
 
 THF, RATIONS. 
 
 The rations which we had for our own men were inferior, very inferior. Some- 
 times we got bacon, then again a coarse kind of beef, but in small quantities. 
 The sick sent home for rations ; they sometimes would write to their friends. 
 In regard to the regular rations there was a^good deal of complaint in the reg- 
 iment. I heard a good deal of complaint that the rations were not sufficient. 
 The men of my regiment, and particularly the sick, suffered a great deal from 
 want of rations, and the poor quality of the rations. I could get no diet there 
 suitable for a sick person. There was a good deal of sickness during the month 
 of June in my regiment. I speak for my own regiment alone. The meat was 
 of that inferior quality that it was an unhealthy diet the way they had to cook 
 it. They had no means of cooking it except by boiling it. The meat would 
 produce diarrhoea. I had a great deal of diarrhoea in my regiment. Diarrhoea 
 was one of the principal diseases with which the men of my regiment suffered. 
 I had no scurvy in my regiment. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I never knew or heard anything about furloughs being granted to any of our 
 men for shooting Union soldiers. 
 
 VACCINATION. 
 
 I know that a surgeon. Dr. Gumming, came round to the different regiments 
 there and vaccinated. I suppose that he came under orders from the surgeon 
 general ; I so understood it. I was not consulted in the matter. He came 
 round without my knowlec'ge ; in fact I found out he was vaccinating by some 
 
452 TRIAL OF HENRY WIEZ. 
 
 of the men comim; me and telling me that such a thing was being done. I 
 think there were i .nperative orders that that should be done generally ; in fact 
 I know it was. When I was in the conscript department, I received orders 
 positively that I should vaccinate all recruits before sending them to the army. 
 I do not know whether any officer there could in any way evade or disobey 
 those orders without subjecting himself to discipline. I have disobeyed the 
 order. 
 
 P THE DKPICIENCY OF CLOTHING FOR THE CONFEDERATE TROOPS. 
 
 The clothing of our troops was very inferior. The hats, I think, were worth- 
 less — of no account at all. I could not consider it a uniform by any means ; it 
 was very inferior clothing, and very ragged at times. It was a very difficult 
 matter to get shoes ; la fact, two-thirds of my regiment, 1 think, were destitute 
 of shoes. There was a great deal of suffering there among the confederate 
 soldiers and officers on account of the want of clothing ; we could not get any 
 clothing ; at least we did not get it. I judged from what I saw, that the 
 clothing they had there was very inferior. The officers generally furnished 
 I their own clothing — those that had the means to do it. 
 
 TREATME.NT OF THE SICK. 
 
 : I had to transport my sick to the hospital on litters ; we could not get an 
 ambulance to carry them ; I nevei' got an ambulance ; I understood that there 
 was an ambulance there, but I never made requisition for it ; in fact, I h^ard 
 that I could not get it for that purpose. I don't know what that ambulance 
 was used for. I never heard of a corral there and never saw one. I could get 
 no hospital tents for our own hospitals ; I made requisition for them, but they 
 could not be furnished me, I understood. Our men suffered a great deal duridg 
 the month of June. I had to crowd my sick into tents with the well. I after- 
 .wards found that would not do, and as there was a small shelter some thirty or 
 forty yards from my camp, that had been used to preach under, I moved my 
 sick under that for a month or so until the hospital could be completed, and 
 then had them transferred to the hospital. We could not get any hospital 
 clothing ; at least I did not get any. I had no bunks at all for my men ; I 
 merely had boards on the ground ; we had sacks for mattresses, which I would 
 fill with pine straw. The straw would stick through and keep the patients 
 constantly irritated so that they could hardly^ sleep, i It was like pins sticking 
 in them. It rendered them uneasy — not comfortable, by any means ; it was the 
 best I could do, though. Those sacks were filled with common pine straw, the 
 J;ops of pine trees — pine boughs. 
 
 THE SUPPLY OF VEGETABLES AT ANDERSONVILLE. 
 
 •The land about Andersonville is of a very inferior quality — a pine country- 
 sandy. I would not think it suitable land for cotton. It would take five or 
 six acres to raise a bale of cotton. I would hardly cultivate the land for that 
 crop. 
 
 CONDITION OP THE W^ATEE. 
 
 My regiment never did, to my knowledge, corrupt the stream above the 
 stockade — the stream running into the stockade ; I never heard of their doing it. 
 
 TUNNELLING OUT. 
 
 We received rumors frequently in the camp that the prisoners were going to 
 break out, and it created a great deal of consternation in the regiment. I 
 remember that there was a long roll beat, and I saw tlie regiments march down 
 to the stockade. I saw it four or five times. : 
 
TEIAL OP HENKY WIRZ 453 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I saw Captain Wirz's horse two or three times. I never saw him have a 
 sorrel horse. I never saw Captain Wirz with any kind of horse but a gray 
 horse. I never knew or heard Of Captain Wirz shooting or beating a man with 
 a revolver, or in any way maltreating a man so as to kill him ; if such a thing 
 had been done I should not have heard it except from rumors in the camp ; I 
 might have heard of it in that way. I was at Andersonville from May, 1864, 
 till the last of September. 
 
 THE RATIONS. 
 
 Cross-examined by the Judge Advocate : 
 
 We were not very much crowded in our regiment, not crowded enough to 
 produce scurvy. The men had an opportunity of getting things from home to 
 prevent it. There was no difficulty in that respect at all, and they got things from 
 home. In speaking of the deficiency of food, I was speaking of the rations issued by 
 the government. In my answer with regard to men sending home for things. 
 I did not mean to confine it to the sick ; any man in the regiment could send 
 home and get things. It was a common thing for them to receive boxes. 
 
 Q. Were there any men in your regiment who subsisted upon the confederate 
 ration there ? 
 
 A. I don't know whether they received them wholly or not from the com- 
 missary department. It would be impossible for me to find out that, unless I 
 went through the regiment inquiring. I know of no cases of starvation among 
 the confederate soldiers, nor any cases of emaciation or wasting away. 
 
 TREATMENT OF THE SICK. 
 
 Q. You stated that your sick were compelled to sleep upon sacks filled with 
 pine-tops, and that they were like pins ; explain that. 
 
 A. It was the end of the pine-tops, sticking through the mattresses, that 
 caused that. I was only speaking then of men whom I had under the shanty 
 that I fixed myself. I thought sleeping on those pine-tops preferable to sleep- 
 ing upon the damp ground. I don't suppose that sleeping on the damp ground 
 would be as bad as sleeping on pins. When I said that sleeping on those sacks 
 filled with pine straw was like sleeping on pins, I spoke metaphorically. I don't 
 know when our hospital was built. It was a shed which I found there when I 
 went there. It was nothing more than a shed — not weather-boarded at all on 
 the sides to protect it. Some of the regiments, I think, had their sick carried 
 to the hospital in an ambulance, but when I tried, I could not get the ambulance. 
 Sometimes it was necessary that I should have it. I got along with litters. 
 We had no scarcity of litters at all. 
 
 By the Court : 
 I cannot tell the percentage of deaths in my regiment, because the most of 
 my men, when sick, were sent to the hospital and I received reports of them 
 afterwards. I do not know how many of my regiment died. A great many of 
 those who were sent to the hospital returned to the regiment, and a good 
 many, I understood, died ; but I never was notified officially of their death. I 
 attributed the sickness in June to camp disease. The men were not acclimated 
 to camp life. They were young men between seventeen and eighteen, and men 
 between forty-five and fifty. I think the weather was somewhat unpropitious 
 in that month. I think we had a good deal of rain during the month of June — 
 either June or July, I don't remember which. I had measles in my regiment 
 as well as diarrhoea. 
 
454 TRIAL OF HEKEY WIEZ. 
 
 VACCINATION. 
 
 ^ By the Judge Advocate: 
 
 I declined to obey the orders to vaccinate my soldiers, because of the request 
 
 of the soldiers not to be vaccinated. It is not always customary for surgeons 
 
 who have the sanitary condition of camps in their charge to do as the soldiers 
 
 want. It was optional with me whether I obeyed the wishes of the soldiers in 
 
 j that case or not. I had that risk to run. 
 
 By Counsel : 
 I heard, when in the army of North Carolina, a good deal of complaint of 
 impure virus being put into the arms. Siime men, I understood, lost their arms. 
 I did not see anything of it ; I only got this from conversation with officers. 
 
 By the Court : 
 None of the men in my regiment, who were vaccinated, had sore arms. I 
 don't know how many were vaccinated. I attributed the difference between 
 those who suffered from vaccination and those wlio did not, to the impure virus. 
 I do not know where Dr. Cummings obtained the virus which he used. He vac- 
 cinated without my knowledge. I simply heard that he was there vaccinating. 
 I had no cases of vaccination in my regiment that proved fatal, and none in which 
 men lost their arms. The usual sores resulted in all cases. 
 
 By the Judge Advoc^ate : 
 
 My remarks in reply to the counsel as to bad effects from vaccination referred 
 to my experience elsewhere than at Andersonville. 
 
 THE SUPPLY of WOOD. 
 
 r 
 
 I never heard of any of our soldiers freezing to death. None of them went 
 hungry for want of fuel to cook their rations. We could get plenty of fuel from 
 the woods near by — as much as we wanted. 
 
 THE deficiency OF CLOTHING FOR THE CONFEDERATE TROOPS. 
 
 I cannot say that any of our soldiers were totally destitute of clothing ; they 
 were in a very ragged condition. 
 
 By the Court : 
 My regiment was raised in May, 1864, and went immediately to Anderson- 
 ville. The men had no uniforms except those furnished them at home, and, 
 being there a length of time, those were worn out. If they had other clothing 
 they did not wear it at Andersonville. They did not have the confederate 
 clothing. 
 
 By the Judge Advocate : 
 They were reserves. 
 By the Court : 
 They got their clothing at home. They furnished it themselves. I had 
 most sickness in my regiment in the month of June. The men were poorly 
 clad then ; their clothing had been worn considerably. 
 
 the charges of murder AGAINST WIRZ. 
 
 By the Judge Advocate : 
 
 My duties did not require me to visit Captain "Wirz very frequently. I don't 
 think I visited Captain Wirz while I was there. My duties did not require me 
 to visit the stockade or prison. I know no more about the stockade or Captain 
 Wirz than what I stated in my evidence when I was first on the stand. 
 
TRIAL OF HENRY WIRZ. 455 
 
 THR SUPPLY OF VEGETABLES AT ANDERSONVILLE. 
 
 By the Court : 
 When I spoke about the quality of the land at Andersonville, I meant the 
 land immediately around that place. I never was anywhere in that country 
 but around there. 1 do not speak of any other place than just around Anderson- 
 ville. I suppose the Flint river is from ten to twelve miles from Andersonville. 
 I do not know anything as to the character of the land between the Flint river 
 and the Chattahoochee, or what is known as the Creek country. I do not know 
 how much cotton is raised in that country. According to my own judgment, I 
 should think the land too poor to raise almost anything around Andersonville ; 
 it is nothing more than a sand bed. 
 
 the orders under which wibz acted. 
 
 September 28, 1866. 
 A. W. Parsons, recalled for the defence : 
 
 I was sent to Andersonville in February, 1864. I was first sent there by 
 General Winder, and soon after I got there I received another order from the 
 secretary of war, and it strikes me another order from General Winder — three 
 different orders. When I arrived at Andersonville, I reported to Captain Win- 
 der — Sid Winder. I did not immediately succeed him; it was some time after- 
 wards. I think Captain Wirz reached Andersonville some time in the latter 
 part of February, or in March. I think he took command immediately. He was 
 interrupted, however, by the arrival of Major Griswold, who had an order to 
 take command of the prison. That order collided with the one that Wirz had. The 
 matter was put in abeyance. I think Captain Wirz retired for some ten or 
 fifteen days till the diificulty was cleared up. Subsequently Major Griswold 
 was ordered away and Captain Wirz took command of the prison. I think it 
 was in March that Captain Wirz finally entered upon active duty — the last of 
 March or the first of April. 
 
 Q. You have said that he took command when he first came ; do you mean 
 that he entered on his duties at all ? 
 
 A. I think he went in the stockade. 
 
 Captain Wirz framed his local orders himself All the general orders affect- 
 ing the prison came from Richmond, from General Winder, through me. 
 
 Q. Do you know to whom his official communications were addressed and 
 where they went ? 
 
 A. That depended entirely upon the character of the communications. Some 
 were sent to Richmond directly through the regular channel. 1 had an inter- 
 mediate position and they went through me to Richmond to General Winder. 
 
 TREATMENT OF THE SICK. 
 
 The reason for removing the hospital outside was that the stockade was 
 pretty densely crowded, and there was a good deal of sickness in it. The hos- 
 pital necessarily occupied a good deal of room ; they had tents and flies. Cap- 
 tain Wirz came to me and urged me to take the hospital out. I told him I had 
 no authority to do anything of that sort. I addressed a communication, how- 
 ever, to General Winder, asking for permission to remove the hospital outside. 
 My impression is, though I will not state positively, that it was declined by 
 General Winder. Captain Wirz remonstrated, and I told him to remove the 
 hospital — that I would take the responsibility. Shortly after it was moved out 
 General Winder sent an order from Richmond giving us permission to do it. 
 General Winder had had no official knowledge of the removal. Captain Wirz 
 had just started to remove the hospital. I decided to do it after Captain Wirz 
 
456 TRIAL OP HENRY WIRZ. 
 
 complained that they were so crowded that it operated to the disadvantao^e of 
 the sick. There was no remonstrance ahoat it, nor any censure cast upon me 
 for it ; not a word was said about it, I think, afterwards. 
 
 OPON WHOM THE RESPONSIBILITY FOR TUB OVERCROWDING OP THE PRISON 
 
 RESTS. 
 
 I know that Captain Wirz objected to the prison being overcrowded as it was 
 We sent an objection to the authorities at Richmond, to General Winder, and 
 urged him to hold up and not to ship any more there ; but he paid no atteniion 
 to it; they continued to come until we got about thiity-five or forty thousand. 
 We commenced our protests at a time when we had got between ten and fifteen 
 thousand. I know nothing about the erection of cook-house No. 1 ; it was in 
 course of erection when I got there. I understood it was intended to cook for 
 ten thousand. Piisoners were coming in very rapidly when I went away from 
 Andersonville ; every day or two, sometimes two trains a day, sometimes three, 
 , and then an interval, perhaps, of two or three days. 
 
 THE SUPPLY OF WOOD. 
 
 The guard force was constantly changing. When I first went there I carried 
 with me a part of my command, I suppose to the number of seventy-five or 
 one hundred men ; perhaps not more than fifty men reported there with me, but 
 others who were in hospital came in gradually. The force was gradually aug- 
 mented until I suppose it reached nearly one thousand. I do not suppose they 
 had over one thousand effective men when I left. It amounted to only about 
 two or three hundred for a pretty considerable time; that was just before the 
 reserve regiments came. I applied time and again for re-enforcements. I did 
 not get them immediately when I applied for them ; a long time elapsed before 
 I got re-enforcements. I remember one thing, that requisitions were made on the 
 commander of the troops so constantly and heavily that they were very near 
 producing a revolt among the confederate troops. They were kept on guard 
 duty frequently on consecutive days, in order to supply the prisoners with wood. 
 There was a good deal of discontent and murmuring on their part. They com- 
 plained that they were too heavily worked. 
 
 THE ENLARGEMENT OF THE STOCKADE. 
 
 j When I saw that they did not intend holding up, but continued to ship more 
 prisoners, and saw that the prison was overcrowded, I do not remember whether 
 I made application first or not, but 1 remember going into the field myself with 
 three or four competent assistants and superintending the work and adding 
 about twelve or fifteen acres to the stockade. I applied for orders to do it, but 
 ] do not remember when they came. It strikes me they contemplated at that 
 time a distribution of the prisoners and the erection of several other prisons, and 
 after 1 had finished the extension, or perhaps after I had got it partly finished, 
 1 think the order came giving me permission to do it. I think I ran a risk in 
 assuming this authority for the convenience of the pi-isoners. I do not think 
 Captain Wirz had anything to do with these movements. He was perfectly 
 willing that it should be done. I petitioned for authority to impress negroes to 
 do this work. The authority was declined. It was at the time when the ne- 
 groes were very much needed in the fields, and I think it was put upon that 
 , ground. 
 
 ^ THE DOGS. 
 
 I certainly know that General Winder ordered dogs to be employed. I do 
 not remember whether I told Captain Wirz, or ser%'ed him with the order ; I am 
 safe in saying, however, that he had notice of the fact that that was General 
 
TRIAL OP HENRY WIRZ, 457 
 
 Winder's order. I do not understand that the dogs were blood-hounds ; they 
 were the rabbit dogk that we use down there for running rabbits, and which are 
 sometimes used for running negroes — a very ordinary pack of hounds. I never 
 saw the pack of hounds that Turner had. There was a pack from the country 
 of four or five, owned by a man named Harris ; that is the one I have reference 
 to. Harris's pack was not used at the same time Turner had his there. I never 
 saw Turner or his dogs. These were dogs owned by a citizen out in the coun- 
 try. Citizens would frequently bring in prisoners without any orders from any 
 one at the post ; it was purely a voluntary matter on their part. I never knew 
 of Captain Wirz being absent with the hounds hunting prisoners. I never knew 
 him to be absent for that purpose. 
 
 TUNNELLING OUT. 
 
 I know nothing about the prisoners threatening to break out one dark night, 
 except from hearsay, 
 
 Q. Tell us all you know on that subject. 
 
 (Objected to by the Judge Advocate.) 
 
 Q. (Modified) was it or was it not a notorious fact ? 
 
 Objected to by the Judge Advocate and question withdrawn. 
 
 Q. Do you know the causes and circumstances which led to the establishment 
 of the dead-line 1 
 
 A. I heard that the prisoners on one or two occasions 
 
 The Judge Advocate objected to the witness stating what he had heard. 
 
 The question was repeated. 
 
 Witness. I know only from general hearsay evidence in the camps, that the 
 prisoners had combined 
 
 By the Judge Advocate : 
 You do not know whether that was the cause that led to the establishment 
 of the dead-line? 
 A. No, sir. 
 
 By the Judge Advocate : 
 
 Was it generally understood that the prisoners were making attempts to es- 
 cape ? 
 
 A. Yes, it was generally understood. 
 
 The objection made by the judge advocate to the witness stating what he had 
 heard was sustained. 
 
 By Counsel : 
 
 The troops were turned out by the officer commanding the troops. 1 do not 
 
 remember that the troops were ever turned out. I only know from hearsay that 
 
 they were turned out one night. I did not go out. They were all turned out 
 
 under arms when a body of prisoners a,rrived, to carry them inside the stockade. 
 
 THE rations. 
 
 Captain Wirz made his morning reports to me. I do not know of any excep- 
 tion to that rule when others were commanding the post. I do not know that 
 Captain Wirz had to report to the commander of the post. He made his morn- 
 ing reports to me when I was in command. He also made reports weekly or 
 tri-weekly to Kichmond. Those reports went through the regular military 
 channel, from the commander of the post. Captain Winder was quartermaster 
 and Captain Armstrong was commissary "part of the time under me. Before the 
 commissary went there. Captain Winder, who was quartermaster, had under him 
 a commissary clerk, and he issued the rations through him to the prisoners, I 
 think, and after Captain Armstrong came there he issued them himself. They 
 
458 TRIAL OF HENRY WIRZ. 
 
 issued them upon requisitions made — requisitions founded upon the morning re- 
 ports. If there had been more rations issued than was proper, the officer who 
 approved the requisitions would have the excess charged to him. He would be 
 liable for the excess. Oaptaia Wirz had no right to give any orders to the 
 commissary ; he and the commissary would confer together in making their es- 
 timates. I think the rule relative to issuing rations was issued from Richmond ; 
 I am not positive about it, but I think it was fixed by the comiriissary general, 
 and the siib-commissaries throughout the territory were all bound by it. I sent 
 an officer to Columbus to try and get material for making sifters for bolting meal, 
 and my officer was informed that a thing of that kind. could not be had in the 
 confederacy. He did not get anything of the sort. 
 
 THK INEFFICIENCY OF THE dUARTERMASTER'S DEPARTMENT AT ANDER- 
 
 SONVTLLE. 
 
 It waa the duty of the quartermaster. Captain Winder, to furnish shelter, fuel' 
 and such things for the prisoners. The quartermaster also had charge of the 
 cooking of rations, the burying of the dead, and everything of that kind. The 
 quartermaster at Andersonville did not have half the transportation he ought to 
 have had. 1 have no idea of the number of wagons I saw there. I just know 
 that what wagons he had there were kept going all the time, and then could not 
 more than half satisfy the wants of the post. I have seen more than four or 
 five wagons there. He got in some mules and wagons a short time before I 
 left. For the first month he did not have more than four or five wagons, and 
 they belonged to the citizens there. The cook-house was under the quarter- 
 master's control. I do not know that I ever had any formal reports made to 
 me for the want of shelter necessary for the prisoners. We frequently discussed 
 the matter. I regretted that the place was so much embarassed as not to be 
 able to furnish things that were necessary for the health of the prisoners. Cap- 
 tain Wirz expressed great displeasure at the meagreness of the accommodations 
 furnished and the inefficiency of the quartermaster's department ; he frequently 
 so expressed himself to me. Captain Wiiz's complaints covered everything in 
 respect to fuel — about not having teams to draw wood. Two inspectors went 
 to Andersonville while I was there, General Howell Cobb and Marcus J. 
 Wright. It strikes me another officer went there during my absence. I never 
 saw any good to follow from these inspections. I cannot say that I had any- 
 thing to do in causing the inspections to be made. I have urged time and again 
 that something should be done to remedy the evils and supply the wants of the 
 post. I went myself and sent my staff-officers to try and get axes and such 
 things. I sent Captain Wright to every prominent point in Georgia to get tents 
 for the prisoners. He made requisitions on every quartermaster in Georgia and 
 went to see himself, and he failed. I sent Captain Wright to Columbus to see 
 if he could get some tools, and he came back with not one-tenth of what were 
 needed. Soon afterward I, myself, went to Augusta to see if I could get them. 
 I succeeded in getting some and with that we made out tolerably well. There 
 was a small horse lot there. There were a few horses there owned by citizens 
 who were there with General Winder. Mr. Piggott had five or six horses there, 
 and so had some other gentlemen there. I do not know what those inspectors 
 reported. 
 
 THE POWER OF CAPTAIN WIRZ TO GRANT FURLOUGHS. 
 
 Captain Wirz could not in any way give furloughs to the guards for shooting 
 Union prisoners. I never heard of a guard obtaining a furlough for shooting a 
 Union prisoner, and do not believe that there was any, while I was at the 
 post. I think I would have heard of it if any such thing had happened. Things 
 might have been smuggled through without my knowing it, as a matter of 
 
TRIAL OF HENRY WIRZ. 459 
 
 course, but I think I should have detected it. If it was given to them as a 
 reward, I think I would have heard of it. We had to send furloughs for 
 approval to General Winder if they exceeded seven days. I granted seven days' 
 furloughs. General Winder was at Richmond. I do not know positively any- 
 thing about Captain Wirz relieving the guards whenever they shot a prisoner ; 
 my impression is 
 
 (The judge advocate objected to the witness giving his impressions, and the 
 objection was sustained.) 
 
 I do not know whether it was a fact or not; no such information came to me 
 in the line of my official duty there. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I never knew or heard of Captain Wirz in any way shooting, or beating with ■ 
 a pistol, or kicking to death, any prisoner while I was there. I never knew of 
 his killing them in any way or brutally treating them. If he had used any 
 extraordinary violence it strikes me I would have heard of it, but I never did. 
 Captain Wirz rode a gray mare — a white animal, almost perfectly white. I 
 never saw him on any other than a white horse. There were a good many 
 sorrel horses there, several at least. It strikes me that his horse was kept in 
 the stq,ble with the other horses, where there were sorrel and perhaps roan horses. 
 I never heard of a negro being shot by Captain Wirz. I never saw Captain: 
 Wirz carry a riding whip. I saw Captain Wirz frequently. 
 
 THE SUTLER. 
 
 I appointed the sutler upon the recommendation of Sid. Winder. He was 
 brought there for the purpose of being made sutler, and upon that recommenda- 
 tion, I appointed him, or rather I merely gave him instructions to go in and 
 do the duties of that office until General Winder could confirm the appointment. 
 You all know as much about the duties of a sutler as I do. I do not know 
 what his duty was inside the stockade. I never saw the sutler in there. I 
 never went into his shanty. He used to sell everything he could make money 
 on except things that would be manifestly improper, such as gunpowder, guns 
 and other weapons, spades, shovels, &c. I cannot say anything about prisoners 
 getting goods from the sutler. 
 
 THE CONDITION OF THE HOSPITAL, 
 
 Dr. White was the chief surgeon of the hospital at Andersonville. 1 never 
 went into the hospital. I know they had but few wagons there. There was a 
 great deficiency as to lumber for building bunks, &c. I do not think it could 
 well be obtained. Some one at the post, I do not know whether the quarter- 
 master or myself, asked authority to impress the saw mills around there for the 
 purpose of getting lumber for the prison and post. My recollection is not suf- 
 ficiently distinct to state it as a fact, but I think it was declined. I am satisfied 
 the authority never was given. 
 
 TREATMENT OF THE DEAD. 
 
 Capain Wirz complained of the inefficiency of the quartermasters' depart- 
 ment. He spoke of the various buildings that he needed, and remarked that he 
 was not going to wait on that department any longer, that he would take the 
 case in his own hands, or words to that effect. He went on and erected a room, 
 I suppose, perhaps the size of this one, out of pine-tops and poles outside, about 
 fifty yards in front of the south gate, for the purpose of holding the dead, to 
 keep them out of the sun and out of the prison. The prisoners were buried in 
 coffins until the lumber gave out. After that time I think they used puncheons. 
 
460 TRIAL OF HENRY WIEZ. 
 
 They would take a pine log and split it in two and put one by the side of the 
 other in a trench. They laid the body then on that flooring, and it was so 
 shaped that they could put another row of puncheons over the body without 
 touching it, and then they would cover that over with dirt. That was after the lum- 
 ber gave out — I suppose about the last month of my stay there. May, and per- 
 haps the beginning of June. I never knew anything of any sentinels ever 
 being established over the dead-house. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 I I never heard of Captain Wirz taking away or ordering the taking away 
 of blankets, clothes, or cooking utensils from any of the prisoners. I never 
 knew of such a thing. The first prisoners that reached Andersonville were from 
 prisons around Richmond — Belle Isle, perhaps, Libby. They were in an exceed- 
 ingly destitute condition, poor and emaciated. Their clothes were in a very bad 
 condition ; some were without shoes, and some without hats. I have known 
 corpses to be brought there on the train, corpses of men who had died en route 
 / to the place, and some after arriving there died en route to the stockade. 
 
 THE DISPOSITION AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS. 
 
 Captain Wirz complained that the boys should be confined and wanted authority 
 to discharge them and send them to their homes. There were a number of little 
 boys, drummers, I suppose, little bits of fellows. I don't know that Captain 
 Wirz did anything in reference to them. There were a good many who were 
 taken out of the stockade by the officers of the prison, and Captain Wirz 
 wanted to send them to their homes. They were Union prisoners. I don't 
 know whether he got authority to send theih to their homes or not. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 ' Just before I left Andersonville, a number of sanitary boxes reached the place 
 and were piled up near the commissary building, and stayed there several days. 
 During that time I was in the stockade, and prisoners told me they heard the 
 boxes were there and urged me to have them sent in. I told them I would do 
 what I could, and I went out and urged the men to send the boxes in as soon as 
 possible. A few days after I visited the stockade again and the prisoners 
 thanked me for what I did, and said they had received that collection 
 of boxes. Captain Wirz asked me what he should do with boxes that came 
 there for prisoners who were dead before they were received, and at the same 
 time suggested that it would be proper to turn over their contents to the Union 
 hospitals. I said 1 thought it was a good idea. That is all I know about it. 
 I was frequently in the stockade while I was there. I presume some of the 
 prisoners knew of my rank and what position I held there ; others did not. I 
 I presume it was generally known. 
 
 THE DEAD-LI.\E. 
 
 My recollection is the dead-line was down sometimes, down on the stream 
 where the ground was marshy and boggy. The dead-line, I should suppose, 
 was about fifteen feet fi-om the stockade. Where the line crosses the branchi, 
 there is a bog of twenty or thirty yards, and I learned that it washed down 
 there several times when there was a heavy rain. 
 
 TREATMENT OF UNITED STATES COLORED SOLDIERS AT ANDERSONVILLE. 
 
 I suppose there were between sixty and one hundred negroes in the Ander- 
 sonville prison. That was about the time I left. They were coming in con- 
 stantly. Every train would bring two or three, or perhaps four or five negroes. 
 
TRIAL, OF HENEY WIEZ. 461 
 
 Some of them were in pretty good con.dition, otbers not so good. Some few 
 were wounded, I think. Pretty soon after the first train reached Andersonville 
 with a few negroes on it, I addressed a communication to General Winder ask- 
 ing him what disposition was to be made of the negroes. His reply was that 
 the question was yet in abeyance ; these were about the words he used, and I 
 think he said, "until further orders treat them as prisoners of war." 
 
 THE CHAIN-GANG. 
 
 I never saw a chain-gang or stocks in my life. I did see a dozen men or so 
 chained together, but that did not constitute the chain-gang which I have heard 
 spoken of. I saw them chained together; I do not know what it was for. I 
 presume that was not the chain-gang mentioned here. I only know the chain- 
 gang by reputation. 
 
 THK PRISONERS PREVENTED FROM BUYING VEGETABLES. 
 
 It was a penitentiary offence for a man in the Confederate States to trade for 
 greenhacks. I think it was an act of congress, and, if I am not mistaken, there 
 was a statute of the State to that effect. I do not know whether the restric- 
 tions imposed at Andersonville in that respect had reference to that law. 
 
 TRADING BETWEEN THE CONFEDERATE SOLDIERS AND UNION PRISONERS. 
 
 I did not say anything about trading between prisoners and the guard forces. 
 I should have to fall back on impressions, general hearsay evidence, if I spoke 
 about it. I have heard about it, I don't know how many times. It did not 
 come to me in my official character. I got my impressions from general hearsay 
 evidence, or camp rumors, you may say. It strikes me, and I call your attention 
 to it, that I have seen the same order in a copy of the rules and regulations. 
 I think that that order is in the copy of the rules and regulations for the gov- 
 ernment of the prison, saying that such trading is prohibited, interdicted — the 
 rules established by Captain Wirz, approved by the post commander. I -do not 
 know whether the prisoners observed it or not. 
 
 THE SUPPLY OF VEGETABLES AT ANDERSONVILLE. 
 
 Andersonville is in a very poor section of ' country ; all around there it is very ' 
 poor country. There was a little market there, to which hucksters would come 
 in from the surrounding country. It was a very small market, about as large 
 as this room, I reckon. Hucksters would come in from different parts of the 
 country with vegetables, &c. They would bring baskets full. I should hardly 
 think it was a sufScient supply for the hospital. The provisions at that market 
 would feed one hundred and fifty or two hundred men. - ' 
 
 Cross-examined by the Judge Advocate : 
 I went to Andersonville I think in February. I left I think in June — about 
 the first of June. The rigors of the camp began after June, I think . Official 
 business brought Captain Wirz and myself together some. I mean that we 
 were together frequently on official business. We were together daily. I think 
 I can say I saw him several times a day. I passed through Andersonville once 
 or twice after I left there, and went up there once or twice on professional busi- 
 ness. I do not know what transpired after I left there. I do not pretend to 
 know what transpired at Captain Wirz's headquarters while I was there. I sup- 
 pose I saw Captain Wirz about once a day; perhaps I saw him oftener. 
 Sometimes I would see him once a day and sometimes oftener. I do not know 
 anything about the condition of that prison after the first of June. All the 
 evidence that I have given relates to prior to the first of June. 
 
462 TRIAL OP HENRY WIRZ. 
 
 THE AUTHORITY OF CAPTAIN WIRZ TO PROVIDE EVERYTHING NECESSARY 
 FOR THE COMFORT OF THE PRISONERS. 
 
 Q. Did not your scope of authority as commaudant of the post give you 
 more power than subsequent commandants of the post had 1 
 
 A. I do not know what authority they had. I have already stated to the 
 court the letter of instructions 1 had received from General Winder, mapping 
 out my official authority. General Winder said to me there were three separate 
 and distinct departments, one known as the prison, another as the troops, and 
 the other as the post. I was assigned first to the troops, and second to the 
 post. I was never assigned to the prison. I do not think I interfered in the 
 local government of the prison. I went inside the stockade frequently, and so 
 did the commandant of the troops. I had no business in there. I merely asked 
 tQ iave the hospital taken ontside the stockade. 
 
 Q. You say you represented to the authorities at Richmond that the accom- 
 modations were not suflScient ; what business had you to do that ? 
 
 A. I did it by virtue of my rank as post commandant, being an intermediate 
 officer between the prison and]the government. 
 
 Q. Did you do it by virtue of your assignment, or was it humanity moved 
 you to do it ? 
 
 A. Humanity. I do not know that I stated all was done that could be done to 
 build a hospital and make a shelter, &c., for those prisoners ; I stated that a great 
 effort was made. I do not know who built the dead house outside the stockade. 
 Captain Wirz told me he built it ; he said he was going to do it. I have no idea 
 who he requested to doit. I do not know that he had authority to doit without 
 requesting me. I did not build it. I did not give orders to have it built. I 
 cannot say that it was an assumption on his part. I really don't know what 
 right Captain Wirz had. It was the quartermaster's business to furnish shelter, 
 and the quartermaster failed to do it. Wirz said that he would do it himself, 
 I and pretty soon after that I saw the house. It was a shelter for the dead. 
 
 Q. Well now, do you not think it would have been more humane to have 
 built a shelter for the living 1 
 
 A. I think it would have been impracticable for Captain Wirz to have fur- 
 nished shelter for all the prisoners. 
 Q. That was not the question. 
 
 A. Then I will answer yes, if practicable. Some shelter might have been 
 built inside the prison for the prisoners ; I cannot say how much. ' 
 
 IQ. While you were commandant of the post, do you think everything was 
 done that could have been done for the prisoners ? 
 
 A. Well, I do not think so on the part of some of the staff officers. I 
 cannot say who was to blame ; I think the quartermaster did not have the 
 energy he might have had. I sent my staff officers off to neighboring towns to 
 get lumber, tools, &c. It was not a fact that I had control, and nobody else, 
 while I was there. I was prompted mainly by humane motives. I was assigned 
 there by special order. I was lieutenant colonel. I was inferior in rank to the 
 commander of the troops ; nevertheless, by virtue of my assignment, I had com- 
 mand of the post. Under my letter of instructions, I think I had no right in 
 the world to interfere with the interior prison, and I never did interfere ; never- 
 theless, if I could mitigate the rigors of that prison, as a matter of course, I 
 _would with great pleasure do anything to accomplish that end. 
 Q. When was the hospital moved outside ? 
 A. I think about a month before I left there. 
 Q. Was it done at your instance ? 
 
 A. Yes, sir ; I told Captain Wirz that I would take the responsibility of 
 allowing him to do it. 
 
TRIAL OF HENRY WIRZ. 463 
 
 Q. Then you commanded the prison, did you 1 
 
 A. Well, Oaptaia Wirz commanded the prison. 
 
 Q. Had he not full authority to do anything that the prisoners req[uired for 
 their comfort ? 
 
 A. Yea. 
 
 Q. Then why did he go to you to ask permission to take the hospital out- 
 side 1 
 
 A. Because General Winder said it should not be taken out. 
 
 Q. Then it was a question of violating his superior officer's order ? 
 
 A. It amounted to that. 
 
 Q. And you throw the responsibility upon General Winder? 
 
 A. General Winder ordered the hospital not to be taken out, according to my 
 recollection. 
 
 Q. And it was taken out in violation of his order ? 
 
 A. Yes, sir. 
 
 Q. When you were examined several days ago, you said that you recollected 
 some iifty car-loads of lumber, for the purpose of building shelter inside the 
 stockade, and that at the time of your relief that lumber disappeared mysteriously, 
 and none of it went in for shelters ? 
 
 A. That was my testimony. 
 
 Q. Do you still adhere to it ? 
 
 A. I still adhere to it. 
 
 While I was at Andersonville I granted furloughs for seven days. General 
 Winder granted furloughs for a longer time than seven days. I never knew of 
 Captain Wirz issuing an order as assistant adjutant general by order of General 
 Winder. I have heard him say he was an assistant adjutant general on General 
 Winder's staff. I only know he was a staff officer of General Winder's from 
 what he said. I have some knowledge of the duties of an assistant adjutant 
 general. I cannot say that Captain Wirz did all that it was in his power to do 
 to alleviate the sufferings of the prisoners. I know he labored indefatigably, 
 but whether he accomplished everything he might have accomplished, of course 
 I cannot say. All I know is that the prison was not half cared for ; I know 
 that very well. I cannot say who was responsible for its care. I think the 
 responsibility was in sending so many prisoners where they could not be prop- 
 erly cared for ; there is where I think it lies. Those labors were performed by 
 Captain Wirz in the direction of his line of duty, and not expressly to alleviate 
 the sufferings of the prisoners. I only remember that he labored a long time over 
 that ditch inside the prison, trying to clear it out and plank it up, and reclaim 
 the marsh and bog on either side of it, which he did not succeed in doing ; he 
 never succeeded fully in doing it. ~^- 
 
 By the Court : 
 
 Q. Can you tell how it was that, when the officer properly in command of 
 the post would leave. Captain Wirz would assume command of the post while 
 there were officers superior to him at the prison 1 
 
 A. I can simply state what General Winder's order to me was when I re- 
 ported to him for duty under order of the secretary of war. He said to me that 
 there were three separate and distinct spheres at Andersonville. He at the 
 same time charged me, particularly, under no circumstances to let the com- 
 mander of the troops take the command of the post ; that when the post com- 
 mander was necessarily absent, then the commander of the prison should go to 
 his place. 
 
 Q. Under such circumstances, according to those orders. Captain Wirz be- 
 came commander of the post, the troops, and the prison ? 
 
 A. No, sir ; he did not command the troops ; he simply commanded the 
 post. 
 
464 TKIAL OF HENRY WIEZ. 
 
 THE CHAIN-GANG. 
 
 By the Judge Advocate : 
 I understood the chain-gang — I do not know positively about it — to be a 
 number of men linked together in such a way as to allow them to move around. 
 Those men that I saw were chained together in the shape of a square, so they 
 could not move. I never saw those in the chain-gang. It was not done by my 
 forder ; I don't know by whose order it was done. 1 never exercised the right 
 to punish prisoners of war; I never had it under my letter of instructions. I 
 do not know who had the right to punish them. Captain Wirz was commander 
 of the prison ; he exercised the right, and I presume he had it. Captain Wirz's 
 orders came through me, but he never received any or-ler to punish prisoners 
 through me. If he punished them it was at his own instance, and I presume 
 he was responsible. 
 
 THE PRISONERS PREVENTED FROM BUYING VEGETABLES. 
 
 Q. You say that no permission was given to trade in greenbacks. Do you 
 not know that there was a letter of instructions from General Winder stating 
 ■what percentage should be given ? 
 
 A. I never heard of it ; I understood afterwards that greenbacks were pur- 
 chased there by permission of Geneial Winder. 
 
 THE PRISON RULES. 
 
 There were regulations prescribed for the government of the prison. It was 
 not done by order of General Winder. Captain Wirz drew up a set of rules 
 and regulations and read them over to me ; they met with my approval ; they 
 had his signature and were posted up. 
 By the Court : 
 I never made any rules for the prison ; Captain Wirz drew some rules. I 
 was Captain Wirz's superior officer. 1 think the first set of rules Captain Wirz 
 drew — I don't know of any other set — the set which he drew while I was there 
 had my indorsement. I don't remember what those rules were. I don't know 
 what the second set were. I only knew of one set while I was there,; I don't 
 know what the rules were afterwards. I don't remember whether they were rules 
 for inside of the prison or for immediately around the stockade, or both, but I 
 rj:emember my name was to the rules, and Captain Wirz's name also. Captain 
 1 Wirz drew his own rules and regulations by his own authority. I respected 
 his authority because I thought the rules were very much in place — just such 
 rules as a prison ought to have. I approved those rules. There was no dead- 
 line about those rules. The dead line was put up, I think, after the rules were 
 made. I don't know who gave Captain Wirz permission to put up the dead- 
 I line ; I did not ; he did it by virtue of his own rank, I suppose. 
 
 THE ENLARGEMENT OF THE STOCKADE. 
 
 I cannot say that I had anything to do with the stockade. Captain Wirz 
 was in command of the stockade. There was no direction about the enlarge- 
 ment or control of the stockade; I just added myself, or had it done, some 
 fifteen or eighteen acires. 
 
 THE RATIONS. 
 
 Q. I understood you to say, yesterday, that the oflScer in command of the 
 prison had nothing to do with the commissariat ; is that correct 1 
 A. That was my understanding. 
 
TRIAL OP HENRY WIRZ. 465 
 
 Q. If he had nothing to do with the commissariat, how could he issue double 
 rations to sergeants of nineties in the stockade and to those outside on parole ? 
 
 A. I don't know whether there was ever an order to that effect. My under- 
 standing was that they had double rations, but how they got them I cannot 
 say. 
 
 Q. Must they not have got them from Captain Wirz ? 
 
 A. Perhaps the quartermaster granted them himself; perhaps he had authority. 
 I cannot say where the authority came from. 
 
 Q. If they got double rations, they must have got them from the oflEcer who 
 detailed them, or on his order, must they not ? 
 
 A. Perhaps the quartermaster would make requisitions. 
 
 Q. The quartermaster could not detail men. 
 
 A. He had them perhaps in his service. 
 
 Q. Suppose they were detailed outside ? 
 
 A. I do not know ; perhaps the commissary had instructions to issue double 
 rations to all the men who were laboring in his service ; I don't know where 
 the instructions came from. 
 
 Q. Have you not stated that all orders coming from headquarters above you 
 to Captain Wirz had to pass officially through you f 
 
 A. The commissariat orders never came to me; they would come through 
 the regular commissary channel. The order fixing rations, &c., would come 
 directly from the district commissary. 
 
 Q. If an order should come down that a certain number of men in your prison 
 should have two or three, or four rations, would not thai order pass through 
 you? 
 
 A. It would pass through me. 
 
 Q. Had you no order to give double rations to these men ? 
 
 A. No, sir. 
 
 Q. You know that Captain Wirz did give douhle rations to certain prisoners 1 
 
 A. I don't know that Captain Wirz did it ; I simply know from general 
 reputation that they had double rations. That is all I know about it. 
 
 Q. Did any such orders ever pass through your department ? 
 
 A. No, sir. 
 
 Q. How, then, could Captain Wirz arrange with the commissary of your 
 department so as to make that issue ? 
 
 A. That I cannot say ; I don't know where the authority came from. 
 
 Q. It could only be done by reason of his being the confidential staff officer 
 of General Winder 1 
 
 A. I am not able to answer that. 
 
 Q. Did the general ever find fault with you in reference to that when you came 
 up there and made your reports ? 
 
 A. I was not with the general five minutes at a time. 
 
 Q. Did the general ever look over your accounts at all and compare them with the 
 morning reports ? 
 
 A. Not that I know of. 
 
 Q. Was the commissary yours, or G-eneral Winder's, or Captain Wirz's 1 
 
 A. He was General Winder's quartermaster. 
 
 Q. Then you were not responsible for the orders he issued for rations ? 
 
 Witness. Do you mean the requisitions he made for rations for men in his 
 service 1 
 
 The Court. For anything he issued. 
 
 A. I don't know that he ever made any. I don't know that either General 
 Winder or myself were responsible for the issue of rations. I approved the 
 requisitions. I don't know anything about double rations. I don't think I ever 
 approved the issue of double rations. It was embodied in the requisition for 
 the whole prison. I never made out the requisitions ; they were made out at 
 H. 
 
466 TRIAL OF HENRY WIRZ. 
 
 the commissaiy department upon the morning reports. That report would sim- 
 ply be brought to me for my approval. I would give my approval ; the report 
 would go back, and upon that they would issue. I don't know that I ever 
 gave an order for the issue of double rations ; it was merged in the provision 
 return in such a way that I had no knowledge of it. I never gave a double 
 ration to my knowledge ; if I ever gave it, the return came from Captain 
 Wirz's office so shaped as to give a double ration without my knowing it. 
 
 By Counsel ; 
 
 Q. In regard to the regulations of which you have spoken, was not the reg- 
 ular channel for those regulations to go to Kichmond, then return through you, 
 and you approve them ? 
 
 A. They went to Kichmond. 
 
 Q. Were they approved there 1 
 
 A. I don't remember that they were approved there. I don't know that 
 they came back. There was no picket service in addition to the regular prison 
 guard at Andersonville while I was there. 
 
 By the Judge Advocate : 
 A. The daily estimates made for rations were made by the prison com- 
 mander, and my approval was purely formal. I did not make an estimate 
 myself; I never looked into it. 
 
 the deficiency ok clothing fob the confederate troops. 
 
 September 28, 1865. 
 Nazareth Allen, recalled for the defence : 
 
 I was connected with the first Georgia reserves. It was formed at Macon, 
 Georgia, in May, 1864. When we got to Andersonville we had on our own 
 clothing that we carried there with us. We carried such clothing as we had — 
 we had no confederate clothing. 
 
 By the Judge Advocate : 
 I went to Andersonville wearing my own clothes. I belonged to the Georgia 
 reserves. I never drew confederate clothing. We were, to some extent, under 
 the command of the governor of the State. We looked to no person for our 
 clothing. We did not pretend to draw our clothing from the confederate gov- 
 ernment. 
 
 thp rations. 
 By Counsel : 
 Our rations were corn-meal and bacon, and sometimes beef. The bad rations 
 caused sickness, I think — diarrhoea ; that was the complaint generally. 
 
 By the Judge Advocate : 
 I don't think I said I suffered for want of rations while out on duty ; we 
 suffered from the rain a good deal. I never suffered because I had not suffi- 
 cient to eat ; I got a good deal of my provisions from home. Sometimes I had 
 to live upon the rebel rations. There was a railroad all the way from where I 
 lived to Andersonville, and I got boxes of provisions from home all the while I 
 staid there, pretty much. When on picket, I lived a good deal off the citizens. 
 I fared very well while I was on picket. I never had any difficulty in getting 
 what I wanted to eat. I do not think any of our soldiers ever died from starva- 
 tion. I never saw any cases of wasting away from lack of sufficient to eat. 
 It was our impression that some cf our men died because they had bad food. 
 I am not a physician, but our impression was that the diet would create diar- 
 rhoea ; that was my impression. We never had any scurvy among our meu- 
 
TRIAL OP HENEY WIEZ. 467 
 
 We did not get what vegetables we wanted. Our regiment did not get any 
 vegetables of any consequence. With the vegetables that I purchased, and 
 what I got from home, I had what I wanted. 
 
 CONDITION OF THE WATBE. 
 
 By Counsel : 
 When we arrived at Andersonville we stopped a part of a day westward of 
 the stockade, and moved to the northwest from there, I think, the next day, 
 and formed our camp further off. Our regiment did not encamp anywhere on 
 the stream above the stockade. Our regiment did not in any way affect the 
 stream. 
 
 THE SUI'PLY OF WOOD. 
 
 There was a good deal of sickness in the camp. I cannot tell how many of 
 the regiment were sick ; I never visited the hospitals ; I passed by them, but 
 I never went into them. I could not positively say how many were sick in the 
 regiment. I do not think there were over a quarter of them sick, though there 
 might have Ijeen more than a quarter of them sick part of the time. Our hos- 
 pitals were pretty badly crowded, but the sick were not all of our regiment. 
 In my regiment there were, I guess, half of them, or over half, may be two- 
 thirds, fit for duty. There were between seven hundred or eight hundred men 
 in my regiment. The regiment was composed of boys from fifteen to eighteen, 
 and men from forty-five to fifty. I was a private in my regiment. 1 should 
 say we had very heavy duty to perform. We were on guard duty at the 
 stockade every other day, and sometimes we had to guard prisoners after wood 
 the day after we came off duty at the stockade, and sometimes we would have 
 to go over and receive prisoners at the depot the day after we came, off duty. 
 That kept us pretty busy ; it was going on all day pretty well, and it would 
 he four or five o'clock in the evening before we got a chance to cook anything 
 for ourselves to eat. We had to go hungry all day. There was a good deal 
 of dissatisfaction and a good deal of grumbling. I did not do a great deal, 
 but I made threats to do something. I threatened to leave the place, and did 
 leave and staid away. Some others cleared out too. This state of things con- 
 tinued nearly all the time I was there. I was there nearly two months — from 
 the 20th of May till the 17th of July. 
 
 Q. When you left what was the condition of the regiment as to sickness "in 
 comparison to its condition when you went there ? 
 
 A. Well, there were a good many sick when I left there ; I left with the 
 well part of the regiment for the front, and we came to Macon, and were 
 ordered back by General Cobb. I was sick when the regiment went back, and 
 I staid home. 
 
 Q. What proportion of the number of men of that regiment who went there 
 were ordered away at that time 1 
 
 A. I could not say exactly, but I think there were two-thirds of the regi- 
 ment, as near as I can guess at it. We had to perform picket duty at Ander- 
 sonville. As near as I can recollect there were four picket posts, and at the 
 post T was on there were twenty-two men, counting the lieutenant and sergeant. 
 I guess all the posts had the same orders ; I do not know. We were encamped 
 about two miles or a mile and a half from the stockade. My duty while at 
 Andersonville was scouting every other day around the country, looking out for 
 the enemy, and keeping in our own soldiers and the escapiug prisoners, and 
 such things as that. Our own soldiers deserted. I would rather be out theie 
 than round the stockade ; but we had very ihferior tents ; they were pretty 
 well worn out. We did not have anything to carry out there more than what 
 I spoke of ; we had some old worn-out tents. 
 
468 TEIAL OF HENRY WIBZ. 
 
 Q. What did you do with your sick there, when on picket duty 1 
 (Objected to by the judge advocate and question withdrawn.) 
 
 By the Court : 
 We did not change pickets until they were broken up and called in. When 
 one man got sick another would be put in his place. There was not a detail 
 every day ; the same men stayed there. 
 
 By the Judge Advocate : 
 I did not visit the regimental hospital much ; I only passed it by. I cannot 
 give a very good opinion as to its crowded condition ; I only went into the hos- 
 pital very little. I never visited the regimental hospital but once ; I passed by 
 it every time I would go to the depot. I know that when I was there it was 
 crowded with sick. They were not all of our regiment. There were a good 
 many sick in the camps. I preferred picket duty to being stationed round the 
 post, because of the offensive smell arising from the stockade. 
 
 By Counsel : 
 It was not wholly from that cause that I preferred being on picket duty. 
 Picket duty I thought was lighter, but the desire to get away from the stockade 
 was the main cause. We could fare better while on picket, having an opportu- 
 nity to get provisions in the country. There were several other causes besides 
 that stench, but that was the greatest. 
 
 By the Court : 
 You did not understand me to say that I was a deserter. I went home with 
 the regiment when we were ordered. to the front. I had to be a volunteer or be 
 conscripted to the front. I reported voluntarily. I was what you might call a 
 forced volunteer. That was not one of the reasons why I wanted to get away. 
 I did not desire to serve, neither was I afraid of anybody, but I was not very 
 able to be a soldier. That was one of the reasons why I did not want to be a 
 soldier. My health would not permit me to be, but I had to be. I had been 
 crippled ; that of course injured me in drilling. I could not drill well. There 
 was drilling there. 
 
 By Counsel : 
 Furlow's battalion was what is called militia, and they were ordered by Gen- 
 eral Cobb to Atlanta to meet Sherman. I was sick two days previous to this 
 in camp. When this order came in, the evening that our regiment was ordered to 
 the front, I heard in a few moments afterwards that Furlow's battalion, the 
 militia, had been ordered there and had backed out, not wanting to go. Our regi- 
 ment volunteered to take its place, and General Winder approved of that and 
 let them go on to Macon. Part of the regiment wont that night, all that were 
 fit for duty. In the morning, when the others came off duty, between nine and 
 ten o'clock, they went. I went with them. I got two privates to carry me 
 down to the depot and put me on to the cars. I went on with them to Macon, and 
 when I got there General Cobb ordered the regiment back to Andersonville. I got 
 a friend to take me home in a buggy. My wife the next day went down to see 
 the captain before he left and told him where I was. He knew I was sick, and 
 he sent word to me by her to stay at home, and send my certificates from the 
 surgeon to the command and it would be all right, and to stay there till I got 
 well. I did so. I got well in about two months — as well as I commonly was 
 before — and then I did not report promptly — I did not report as soon as I got 
 well. I delayed the time until General Sherman and his army passed through, 
 and got between me and my command ; my command were all made prisoners 
 and I never saw them any more. 
 
TRIAL OF HENRY WIRZ. 469 
 
 By the Court : 
 
 I left my regiment at Macon and went home without authority, and when I 
 got well enough to return I did not return, hut I sent my certificates, which 
 made all things right. 
 
 The Court. In our service that would he called desertion. 
 
 The Witness. T never could see it in that way. 
 
 By Counsel : 
 
 My certificates, &c., in regard to my sickness went all right. 
 By the Court : 
 
 Question. You have stated what was the efiective strength of your regiment ; 
 hy what means did you derive your knowledge of that efi'ective strength ? 
 
 Answer. As I told the court, it was only guess-work with me. I never saw 
 a morning report of any company showing the men reporting for duty. I do 
 not know how many men were sick. I don't know how many were present and 
 how many ahsent ; I just guessed at the estimate ; I stated that it was guess- 
 work ; I did not want to answer that question. I belonged to company A, third 
 Georgia reserves. There were ninety-two men in my company, I believe. I 
 never drilled with the whole company there after we got arms. We drilled 
 morning and evening, once in a while, when we were ordered to drill ; that is, 
 a portion of the company did ; a part were on duty all the time. 
 
 THE DEFICIENCY OF TRANSPORTATION. 
 
 By Counsel : 
 I never saw any corral at Andersonville. I have seen a horse lot there up 
 by our regiment? where we kept our regimental horses, while the wagons stayed 
 there, until they were moved over to headquarters ; I don't know what they did 
 with them then. I never saw hut four or five wagons about there. Tliey did 
 impress some wagons, I think, from out in the country to haul stockade timber — 
 purposely for hauling stockade timber. 
 
 By the Judge Advocate : 
 I was on duty at Andersonville from about the 20th of June till the 17th 
 July, 1864. I understand a horse lot and a corral to be the same, but I saw 
 none except what we had up at our regiment. I think there was some transporta- 
 tion belonging to the post. The wagons for a time were up by our regiment. 
 When they left they went over to General Winder's headquarters. I don't 
 know anything about the transportation there ; we kept some wagons over by our 
 regiment for our use. The horses and wagons connected with the post trans- 
 portation were kept over about headquarters ; somewhere about General Winder's 
 quarters, I guess — I never was over there to see. I don't know but what the 
 transportation of the post might have been there at headquarters. I know that 
 there was transportation being used there for post purposes. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 By the Counsel : 
 I saw Captain Wirz's horse. It was a gray or white one. I never knew of 
 Captain Wirz having a sorrel or a roan horse. I never saw him on any other 
 creature but a white one or a gray one. I have known other officers on sorrel 
 horses and on bay horses. 
 
 TRADING BETWEEN THE CONFEDERATE TROOPS" AND THE PRISONERS. 
 
 When we went down to Andersonville we discovered that the fifty-fifth regi- 
 ment were doing some little traffic with the prisoners, and some of our boys 
 
470 TRIAL OF HENEY WlKZ, 
 
 ■wanted to get into it somewhat. It was against orders, and our men were told 
 that it was against orders, so that they had to do it on the sly. Some of them, 
 I think, pitched in somewhat, and the fifty-fifth boys got to cursing them about 
 it. They wanted all the trade, I think. I think they traded a good deal. The 
 fifty-fifth did it, and a great many of the reserves did it. I cannot tell the effect 
 this trading had when they were on guard duty more than what I heard. I can 
 tell nothing of my own knowledge. I saw some of oiiv men wearing clothing 
 that they had bought from the prisoners — hats, caps, shoes, and boots. They 
 were old clothing ; they had been worn. 
 
 By the Judge Advocate : 
 
 I have seen our soldiers wearing the federal uniform. I have seen them with 
 overcoats and boots and pants. I believe these articles of clothing came from 
 the bodies of the dying and the dead. I cannot say, but I think that they 
 were taken off and 
 
 The Judge Advocate. State only what you know. 
 
 The Witness. I am pretty confident that the guard 
 
 Question. You do not know of your own knowledge where the clothing came 
 from, do you ? 
 
 Mr. Baker objected to the witness being interrupted in the answer which he 
 was about to give. 
 
 The Judge Advocate remarked that the witness had already answered the 
 question, and that what he was proceeding to say was not responsive to any 
 interrogatory which had been put to him. 
 
 By the Court : 
 Question. Were you about to give your opinions or facts ? 
 Answer. My opinions. 
 The court, after deliberation, overruled the objection. 
 
 PRIVATE property TAKEN FROM PRISO.NERS. 
 
 By Counsel: 
 I saw prisoners searched once, I believe. They were Stoneman's raiders, as 
 they were called. They were stripped and searched. Jewelry and money — 
 greenbacks and confederate money — were taken away from them ; also some 
 daguerreotypes, and some ladies' shawls, I think, and one thing or another — a 
 little of almost everything. Some gold and some watches were taken. I think 
 I saw some spoons or something of that kind taken ; I will not be positive as 
 to that. Doctor Bonner, the surgeon who attended me when I went home, 
 wrote down there for a daguerreotype that belonged to his brother living in 
 Jones county. It was taken from his brother's wife. He said he was writing 
 down there for it. I do not know whether the others were daguerreotypes of 
 southern ladies ; they told me so ; I do not know whose they were. They said 
 they were daguerreotypes of southern ladies when they were taken away. I 
 never knew of any others than Stoneman's raiders being searched there. 
 
 TUNNELLING OUT. 
 
 It was reported very often that the prisoners were tunnelling out, and we had 
 to form our regiment and to go down and guard the place. If it was night, 
 or just about night, we had to stay there and guard the place until morning. 
 Captain Wirz would then test the matter and stop the tunnelling. I never knew 
 of Captain Wirz being there in the night on that business, not down around the 
 stockade. 
 
TKIAIi OF HENRY WIEZ, 471 
 
 By the Judge Advocate : 
 
 I cannot say how often I saw Captain Wirz. I saw hira very often passing 
 about while I was on'duty around the stockade. I was on picket duty a great 
 deal. I saw Captain Wirz very often while I was on duty Ground the stock- 
 ade. I did not see him while I was on picket duty except sometimes when I 
 came over to the post office with a letter. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 By Counsel: 
 I never knew any man to get a furlough for shooting a Union prisoner. I ' 
 have heard some little talk about it, but I never knew of its being done ; I just 
 heard a little sort of rumor. _ i 
 
 By the Judge Advocate : 
 I do not know anything about it. I never heard of any particular man who 
 had got such a furlough. I never heard from my officers that a person could') 
 get a furlough for shooting a Union prisoner. 
 
 By the Judge Advocate : 
 The confederate soldiers got furloughs sometimes. They did not get them 
 very often. I don't know how many furloughs were obtained. A good many 
 got furloughs for recruits. Some got furloughs to go home and cut their wheat, 
 seven days' furloughs; I n'ever got one myself; I was one that failed to get 
 that. I do not know all the furloughs that were granted there. I do not 
 know the causes that were assigned for obtaining furloughs. I know nothing 
 more about it than what I have just stated, what I heard. 
 
 medical testimony. 
 
 September 28, 1865. 
 
 Dr. E. A. Flewellen, recalled for the defence: 
 
 I can arrive at the time during the summer of 1864 I was first at Anderson- 
 ville more definitely by stating that I was there a few days before General 
 Hood was assigned to duty in place of General Johnston — in the month of 
 July or August — one. of those two months I am confident. I am not distinct in 
 my recollection about the number of men I found there as federal prisoners, but 
 there were over thirty thousand, I believe. 
 
 condition of the hospital. 
 
 On my first visit I went there under a special order of the medical director of 
 hospitals, for the purpose of inspecting the hospitals. . I called Surgeon White's 
 attention to the hospital accommodations, and the reply was that he was making 
 efforts to fit them up — that he had not been able to get sufficient tools. I asked 
 him if he had made efforts. He said that he had made timely, and I think he 
 said frequent, requisitions on the quartermasters' department for tools, but that 
 he could not get them, and he remarked further that there were at least twenty- 
 five hundred mechanics in the stockade, who would be glad to take a parole for 
 the purpose of working on the hospital, but that he had not been able to get tools. 
 He went so far as to state that he had lumber there sufficient to put up one or two 
 hospitals, (similar to the one that hadjust been roughly thrown up for the troops 
 on duty, ) but that he had not been able to get the tools to put them up with. The 
 federal hospital was a rough enclosure of plank fence ; . it was made up of a hetero- 
 geneous variety of tents, some comparatively new, and some almost totally 
 worn out ; I think I may safely say that I saw every style of tent in there 
 that I have ever seen anywhere. There was little or no bedding. The bunks, 
 
472 TRIAL OF HENRY WIEZ. 
 
 if they could be called by that name, were improvised by driving forked stakes 
 in the ground and putting railings across. I am now speaking of the federal 
 hospital. I saw little or no bedding — occasionally a bed-sack, very dirty. The 
 confederate hospital was a rough two-story building which had been thrown up ; 
 it had not been completed. The floors were laid with what we call inch plank, 
 about twelve inches wide and an inch thick. They had been laid down green 
 and had shrunken up. In their efforts to make the floor secure they had put 
 strips about three or four inches wide over the wide apertures in the floor. This 
 fact made it necessarily a very dirty affair. The irregularities of the floor, of 
 course, caused the vessels to be frequently upset — the vessels deposited there 
 to receive the excrement of the sick men. Therefore it was very offensive. I 
 would rather occupy a good average tent in the federal hospital than be on the 
 lower floor of the confederate hospital. I suppose the court can see the reason. 
 
 The Judge Advocate. Let us hear the reason. 
 
 The Witness. The prevailing type of disease there was chronic diarrhoea, 
 and the patients had frequent use for vessels, which this irregularity of the floor 
 caused to be frequently upset, and thus the men below suffered. 
 
 The Judge Advocate. I suppose that was unheard of in the federal hospital ? 
 
 A. Oh, yes ; because they had tents. 
 
 There was a good deal of difference, I think, between confederate hospitals 
 and hospitals for Union prisoners. I never visited them officially except at 
 Andersonville, and I did not consider that a hospital at all in comparison with 
 what a hospital should be. I found on looking over the hospital stores that had 
 been issued and that had accumulated in the office of the surgeon-in-chief, a large 
 lot of bed-sacks, sheets and other things necessary for the hospital. I thought 
 it very remarkable that they were not furnished, and, of course, I called on 
 Dr. White for an explanation. His reply was that in the first place he had 
 not been able to get the straw to fill the sacks ; that in the second place he had 
 not been able to get bunks to put them in ; and, as an additional reason, that he 
 did not want to put them into those nasty tents and on the filthy ground — the 
 hospital being incomplete, the bunks being fixed up with sticks, and some with- 
 out sticks. He said that the sacks would soon be ruined ; that they would 
 be so filthy that they would never be fit to use when he should have succeeded 
 in completing the hospital. I testified in my examination-in-chief as to the 
 character of the ground ; it is pine soil, black. There were no floors to the 
 tents, simply earth floors, and if bed-sacks were placed on the ground anybody 
 could see how quickly they would be soiled. If they were put on the bunks 
 I have spoken of, the men climbing up and down would soil them very badly. 
 I have no knowledge as to the chance of getting straw to fill them with, except 
 what Dr. White stated. My recollection is not distinct as to whether I discov- 
 ered any of them filled with pine straw. The confederate hospitals were pretty 
 short in regard to hospital clothing and necessaries of every kind ; they hardly 
 ever got what they desired. I may say there was very great suffering in conse- 
 ' quence of that deficiency in the hospital department generally. 
 
 VACCINATION. 
 
 Q. Can you tell us what effect vaccination had upon your own soldiers and 
 citizens ? 
 
 The Witness. Do you mean spurious vaccination, as it is called? 
 
 Mr. Baker. Yes, sir. 
 
 A. The first I ever heard or knew of spurious vaccination — 
 
 The Judge Advocate. State only what you saw or knew at Andersonville. 
 
 Witness. I know nothing about vaccination at Andersonville. 
 
 Q. Go on and state all you know about spurious vaccination anywhere 
 throughout the southern confederacy. 
 
TRIAL OF HENRY WIRZ. 473 
 
 The Judge Advocate objected to the question, on the ground that even if ^ 
 it could be proved that persons throughout the south were poisoned by means 
 of vaccination, it would furnish no proof that prisoners of war at Anderson- 
 ville were not so poisoned, and could not in any way exculpate any one who 
 was inculpated by the evidence already brought before the court. 
 
 Mr. Baker argued that the question was proper. The defence proposed to 
 show that the same effects experienced from vaccination at Andersonvlle had 
 been experienced throughout the whole south ; that the same vaccine matter 
 used at Andersonville, was, so far as could be ascertained, used in various places 
 throughout the south, and had similar effects on soldiers and private citizens. 
 If the defence could show that this vaccine matter was used upon confederate 
 soldiers and produced the same results as those testiiied to in the case of federal 
 prisoners, it would tend to rebut or disprove one of the elements of the alleged 
 conspiracy. 
 
 The Court after deliberatipn sustained the objection. 
 
 Witness. I know of the effects of vaccination on the Jroops in Georgia. 
 
 Q. State to the court what those effects were on your troops. 
 
 Objected to by the judge advocate, unless it could be shown that the vac- 
 cine matter used for the confederate troops was obtained from the same source 
 as that used for the Union prisoners. 
 
 After deliberation, the objection was overruled. 
 
 A. While the army of General Bragg was at Tullahoma, I was medical, 
 director, and I know that very great complaint was made to me as to the char-' 
 acter of the vaccination practiced in the army. A large number of men were 
 represented as unfit for duty. I think that one division represented nearly a 
 thousand men as unfit for duty on account of spurious vaccination. I saw a num- 
 ber of the cases in the early progress of the vaccination, but they presented 
 nothing abnormal that I could detect. But, as it advanced, the cases seemed to 
 have the appearance very nearly of syphilitic rupia. It diffused itself more or 
 less over the whole surface. A large number of surgeons regarded it as a com- 
 phcation of vaccine and syphilis. Finally they settled into the opinion that it 
 was not syphilitic. There never was, I may safely say, any settled opinion 
 among the surgeons of the confederate army as to what was the true character 
 of this impure vaccination. ■-' 
 
 Q. To what extent did you know it to go as to the disabling of soldiers ] 
 
 A. I never saw myself any soldier maimed or disabled for duty ; I heard 
 rumors of the kind, but never saw any cases of it ; I can state nothing more 
 than I have already stated ; I have lieard rumors of the kind ; I have stated 
 about it spreading over the body, but I learned nothing about confederate sol- 
 diers losing their arms ; I do not think I had ever anything of that sort officially 
 before me ; I have seen healthy country men, women and children affected in 
 the same way ; I remember more definitely the time my attention was first called 
 to it; it was in the spring and summer of 1863 when the army was at Tullaho- 
 ma, Tennessee ; it then reached its acme in our army ; I have been hearing of 
 it more or less continuously ever since ; I did not learn when it ceased in the 
 confederate army; I left the army at Dalton ; I cannot answer definitely as to 
 whether it spread over a period of one or two years ; I have heard complaints 
 of it since I first heard of it ; I am not able to state from what source the con- 
 federate government obtained this vaccine matter ; I know that some surgeons 
 obtained it from private sources, and that others obtained it from the medical 
 director of hospitals ; my best information is that it was obtained from various 
 sources ; we had very imperative orders requiring all the soldiers to be vacci- 
 nated ; the medical officer in charge of the enrolling department was required 
 to have the men vaccinated, and there were stringent orders requiring surgeons 
 in charge of hospitals to do so ; orders extended to medical officers in the field; 
 the orders were not at all discretionary ; they were very imperative. 
 
474 TRIAL OF HENRY WIRZ. 
 
 GENERAL JOHN H. WINDER. 
 
 Q. From what you saw of General Winder at Andersonville, state what yonr 
 impressions were as to his conduct there in relation to prisoners. 
 Objected to by the judge advocate and objection sustained. 
 
 THE CHARGE OF JWURDER AGAINST WIRZ. 
 
 Q. At any time while you were at Andersonville did you hear of Captain 
 Wirz shooting, beating with a pistol, or in any way maltreating Union pris- 
 oners ? 
 
 A. I never heard anything of the kind. 
 
 Q. If such a thing occurred would you not have been likely to hear of it? 
 
 A. I made an honest effort while I was there to arrive at all evils connected 
 with the prison hospital, and indirectly with the prison Itself, and I should have 
 thought the officers I conferred with very derelict in their duty if they had not 
 reported anything of the kind that they knew ; I made an honest effort to get 
 at the facts* 
 
 THE RATIONS. 
 
 I called Dr. White's attention to the fact that the corn-meal out of which I 
 saw bread baked was not sifted ; his reply was that he had made requisition 
 but the sifters could not be had. When the army was at Tullahoma diarrhoea 
 prevailed there to a very large extent ; I reported the fact to General Bragg, 
 and I attributed it very largely to the fact of the meal being used unsifted; I 
 arrived at that conclusion from the evidences 1 saw of the matter passing through 
 without digestion ; I know there was great complaint about the difficulty of 
 getting sifters in hospitals and in the army too. 
 
 THE HOSPITAL FUND. 
 
 According to the records of the hospital there was a considerable amount of 
 hospital fund due for hospital commutation of rations ; a large amount was due, 
 approximating to $100,000 ; perhaps it was $100,000, but I cannot give the 
 exact amount ; it was a good large amount ; Dr. Stevenson's books showed that 
 he had received a large amount, approximating to $100,000, but on investiga- 
 tion it appeared that he really had not received the money, notwithstanding it 
 stood charged on his book against him. To the judge advocate : It appeared 
 from the books that he had received it, but he stated that he really had not 
 received it. 
 
 (The judge advocate objected to evidence as to what Dr. Stevenson stated, and 
 the objection was sustained.) 
 
 I addressed a communication to the commissary who approved the requisitions 
 for this large amount of money to know whether the money had been furnished 
 to Dr. Stevenson as appeared on Dr. Stevenson's book, and the commissary 
 wrote to me that it had not been furnished ; there was an appearance that a 
 large sum of money had been received by him, when in fact it had not been 
 received ; the only investigation I made of Commissary Armstrong's books 
 was when I was making an effort to see whether Dr. Stevenson had been con- 
 ducting his affairs properly ; I attempted a comparison of his ration accounts 
 with the commissary's ration accounts, and I found that Armstrong's books 
 were very correct, as I thought ; I thought they were perfectly correct ; hia 
 accounts seemed to be very neatly and correctly kept. 
 
TRIAL OF HENRY WIRZ. 475 
 
 CONDITION OF THE HOSPITAL. 
 
 Cross-examined by the Judge Advocate : ^ 
 
 Q. You commenced a comparison between the confederate hospital and the 
 federal prison hospital, leaving an impression on my mind that if there was 
 any difference it was in favor of the federal prisoners. 
 
 Witness. I was not allowed, you may recollect, to complete that comparison. 
 
 Q. Go on and explain to the court wherein the comparison was not complete. 
 
 A. I think I neglected to state anything about there being bunks with bedding 
 in the confederate hospital, while there were none in the federal hospital ; those 
 in the federal hospitals were improvised in the manner I have described ; they 
 had better bunks for the confederate hospital, which I neglected to mention for 
 the reason that I was interrupted ; I believe that I mentioned that the federal 
 hospital was composed of a heterogeneous collection of tents, and that the con- 
 federate was a two-story house ; the truth of it is that the whole concern was 
 so incomplete that it is hard to say which was the best ; they were both incom- 
 plete and in an unsatisfactory condition, and I so reported ; I am speaking of 
 the federal hospital at Andersonville, and of a little hospital fixed up for the 
 accommodation of the garrison. On my first visit to Andersonville I found a 
 number of tents of all varieties, quite a variety of tents, and in all kinds of 
 conditions, from pretty good to very bad; these were not furnished with good 
 articles of hospital furniture ; there were bunks improvised by putting forks in 
 the ground and laying boards upon them ; therewas no bedding but such as soldiers 
 have in .the- field, blankets, coverings, &c., except a few bed sacks ; in fact all 
 that I saw in the hospital there was very dirty ; the cooking establishment I do 
 not think that anybody supposed was equal to the necessities of the case ; there 
 were large caldrons for boiling meat. The main points of difference between 
 the federal and confederate hospitals were these : One was a house, and the 
 other consisted of tents ; the number of sick men in the federal hospital was 
 BO much larger than the number in the confederate hospital that it made it, of 
 course, very much more objectionable to be sick there than in the other ; as a 
 general rule we all prefer a house to tents ; the remark I made in reference to 
 the lower floor of the confederate hospital I have nothing to say in abatement 
 of; the confederate hospital had bunks, and there was better hospital clothing 
 there than in the other — I mean hospital bedding, furniture and the like ; I did 
 not see anything fair down there in the shape of a hospital ; I think there was 
 bad management all round; I think a man with more energy than Dr. White 
 could have remedied it — ^could have improved things ; I do not recollect the 
 number of points of improvement I suggested ; I know what my object was 
 there, and that I labored faithfully to carry it out ; 1 am quite sure I made sug- 
 gestions ; I did not suggest impossibilities ; I now adhere to the report I made 
 then ; I do not say that the suggestions I made I believed it was in the power 
 of Dr. White to carry out, for Dr. White said it was not in his power ; I sug- 
 gested what ought to have been done ; I could not answer as to whether I sug- 
 gested what could not be done, for I did not know the capacity of transporta- 
 tion there, or any of the difficulties in the way ; I suggested nothing that was 
 an impossibility, provided the means were at hand ; 1 suggested nothing but 
 what should have been done ; I suggested nothing but what could have been 
 done if they had the means, and I did not know what their means were ; I 
 suggested what one would have supposed to be in the power of any government, 
 not excepting a rebel government ; I suppose it should have been within its power. 
 
 Q. Did you notice in the confederate hospital any of the peculiar sufferings 
 that distinguished the federal hospital, such as scurvy, grangrene, patients 
 Buffering from vermin, and matters of that kind ? 
 
 A. Yes ; I noticed a difference in that particular. So far as I recollect I saw 
 
476 TEUL OP HENRY WIRZ. 
 
 no scurvy in the confederate hospital ; I do not think there were any wounded 
 men in the confederate hospital, and gangrene attaches itself to wounded man ; 
 if I had been a patient at Andersonville 1 would have preferred the confederate 
 hospital to the federal hospital ; I thought I could have remedied the condition 
 in which I found the first floor of the confederate hospital if I had charge of it ; 
 r I should have taken the whole concern up and put it down again closer. 
 
 By the Court : 
 I have lived in a pine country ; I have no knowledge as to whether people 
 use pine straw in their bed-sacks, I am sure ; I have no doubt that it can be 
 used ; I thin-k every time I was at Andersonville when the garrison was any- 
 thing like full the confederate hospital was very crowded ; that it did not have 
 capacity for the confederate garrison ; some of the patients were left sick with 
 their regiments, as they could not be accommodated in the hospital. 
 
 VACCINATION. 
 
 In the matter of vaccination the experience I spoke of in 1863, that was the 
 first time I saw it ; I left the army after that ; I am quite sure there was some 
 of it in the army after 1863, but I do not recollect the last I knew of it; 
 all those surgeons who knew of the existence of spurious matter never used it 
 after the consultation about it ; it was generally known in the army I was attached 
 to, at Tullahoma, Tennessee ; it was generally talked about in the army, and 
 when surgeons ascertained its deleterious effects they ceased to use it ; it pre- 
 vailed some two or three months before the attention of medical officers was 
 really called to its spurious character ; it was a new thing ; none of them knew 
 it, and it prevailed some time before it became a serious matter ; I know that con- 
 siderable efforts were made to get a pure article. 
 
 Q. Do you know whether any order or instructions were issued to use this 
 impure matter ? 
 
 A. Never. 
 
 Q. You never heard of anything of that kind ] 
 
 A. No, sir ; I remember that Dr. Stout, the medical director, made pretty 
 extensive arrangements to secure pure vaccine matter, but whether he ordered 
 this vaccination to be suspended or not I cannot say ; if impure matter was 
 used knowingly by surgeons it was on their own responsibility ; they had no 
 orders to use impure matter, I am sure of that. 
 
 Q. What would you expect to be the result of vaccination on a soldier who 
 was laboring under a scorbutic habit; I speak especially of such cases as those 
 you met with at Andersonville ? 
 
 A. I am not prepared to say; I never treated any of those scorbutic cases, 
 and never saw the effects of vaccination upon them ; I do not recollect ever 
 seeing that point alluded to in my reading. 
 
 Q. Do you not know that vaccine matter introduced in the arm of a person 
 whose system was depleted, is liable to have a dangerous effect on him ? 
 
 A. I know nothing of the kind, although I would think it would be reason- 
 able to expect such a result. A man whose system is very much depraved, a 
 scorbutic patient, I should never think of vaccinating, unless small-pox was 
 prevalent, and there was great danger of his catching it. If the issue lay be- 
 tween small-pox and vaccination, I should unhesitatingly give the preference to 
 vaccination ; but until such an extremity as that presented itself I would not 
 . do it. 
 
 By the Court : 
 I made three inspections. The first one was either in July or August, 1864. 
 It was a few days before the army of the Tennessee was turned over to Gen- 
 
TRIAL OF HENRY WIRZ. 477 
 
 eral Hood. The second was made some time in November. The third was 
 either January or February this year. 1 went to the federal hospital on all 
 occasions ; I took a general view of the patients passing through ; I talked 
 with a number of them ; my attention was not called to any of them affected 
 with that vaccine matter ; I saw nothing of it; my attention was not at any 
 time called to the vaccine matter used at that prison ; I never heard at any 
 time that federal prisoners were dying from the effects of that vaccine matter ; 
 in all cases that came to my knowledge of impure vaccine matter, in the rebel 
 army and among private citizens, I do not know a single instance of a medical 
 officer using it after it was known to be poisonous. If, knowing it to produce 
 poisonous effects, the surgeons had continued its use, I should have said it was 
 criminal, of course. It was during the latter part of the spring or early in the 
 summer of 1863 at which vaccination was made at Tullahoma. ^ 
 
 Q. What was the effect upon the soldiers of this spurious vaccination ; did it / 
 disable them 1 
 
 A. Sometimes it disabled them. I never knew of any amputation resulting 
 from it ; I have heard rumors of persons losing their arms, but nothing of the 
 kind came to my knowledge, either officially or through personal observation ; it 
 was used for some months before the surgeons understood it ; there is nothing 
 in the books that I ever saw on the subject, and it was some months before 
 they came to a conclusion about it ; I am very well satisfied that vaccine matter 
 of an impure character ceased to be used in the army afterwards ; I do not 
 recollect at what time it ceased to be used ; I cannot say if it was before 1864 ; 
 I know that there was an effort made, from the first time that impure vaccina- 
 tion was suspected, to get rid of it ; 1 do not think it was used in the army 
 during, the early part of the summer of 1864 ; it may have been used in other 
 parts of the country ; I cannot say if it was being used at that time in the 
 Audersonville prison; I never heard of vacpine matter of any kind being used, 
 at Audersonville prison. ^ —^ 
 
 THE AUTHORITY OF CAPTAIN WIRZ TO PROVIDE EVERYTHING NECESSARY FOR 
 THE COMFORT OF THE PRISONERS. 
 
 By the Judge Advocate : 
 
 The first time I went down there was under a special order of Dr. Stout ; 
 he told me to call, in the first place, on General Winder and state my business 
 to him, and confer with him ; I went there to look at the whole matter connected 
 with the medical department ; that investigation did not lead me necessarily to 
 inquire into the personal conduct of Captain Wirz ; I had a little conversation 
 with Captain Wirz in regard to the size of the prison and the number of the 
 prisoners ; that is all; 1 remember one suggestion that I made in reference to 
 inside of the stockade. , 
 
 Q. Did you make your suggestion on the same basis as those you made in 
 reference to the hospital, that it was within tbe power of the commander to 
 make the changes suggested? 
 
 A. I will state what my recommendation was ; I thought it was in their 
 power, but they stated it was not. (Interrupted by the judge advocate.) 
 
 THE hospital FUND. 
 
 I conferred with the commissary of the post in regard to Dr. Stevenson's 
 alleged embezzlement ; we got certificates from various medical officers that 
 he did appropriate supplies properly belonging to the hospital, to his own use ; 
 we got testimony to that effect ; I never made a report on that subject, but 
 turned the papers over to Dr. Gilliard, who was to have made a report ; we 
 were oint inspectors. 
 
478 TRIAL OF HENRY WIRZ. 
 
 Q. Have you any means of knowing that the commissary and Dr. Stevenson 
 had not colluded, in some way, about that matter ? 
 
 A. The commissary on duty the last time I went down there, was not the 
 commissary who was on duty at the time Dr. Stevenson charged himself with 
 that large amount of money ; when I was examining Stevenson's books I found 
 that he was indebted to the government, as it appeared, in this amount ; I 
 wrote to Major Proctor, the commissary at that time, who was at Atlanta, on 
 the subject, and he replied that the money, as charged on the books, was not 
 received by Dr. Stevenson. 
 
 The only evidence had that the money was not received by Dr. Stevenson 
 was the letter from Major Proctor, and Dr. Stevenson's assurance, and the bal- 
 ance on the book itself which showed that the amount had not been received. 
 
 Q. Would you not have suspicion of a man who had been found with 
 embezzling provisions that were intended for the hospital? 
 
 A. Yes; I should be a little suspicious of him. I do not know that Dr. 
 Stevenson did not actually receive this money ; I made my investigattons 
 thoroughly as I could make it ; he charged against himself an amount approx- 
 imating $100,000, but at the same time he made an entry explain- 
 ing why that entry had been made ; I mean he made it at the same 
 place ; I mean to say that I found where he had charged himself with that 
 amount, an entry on the book saying how it happened ; I presume that entiy 
 was made subsequently ; he addressed the Surgeon General on the subject; I 
 saw some evidence of that also, and he explained it away to the Surgeon General. 
 
 ADJOURNMENT OF THE COURT IN CONSEaUENCE OF THE ILLNESS OF GEN. BRAGG. 
 
 Upon the meeting of the court on the 29th of September, the President laid 
 before the commission the following letter : 
 
 Washington, D. C, September 29, 1865. 
 Mr.' President : I am too uuwell to attend court to-day, and regret that I have been 
 the source of so much inconvenienqe to you. I hope to be able to attend to-morroW. 
 Very respectiuUy, 
 
 EDWARD S. BRAGG, 
 Brigadier General Volunteers, 
 Major General L. Wallace, President Commission. 
 
 The court was cleared for deliberation, and when thedoors were reopened, it 
 was announced that the court had decided to adjourn, in consequence of the 
 sickness of General Bragg, until to-morrow, September 30th. 
 
 September 30, 1S65. 
 
 Captain J. H. Wright, recalled for the defence : 
 
 I belonged to the military service of the Confederate States ; to the 5Sth 
 Georgia regiment. In 1S64 I was quartermaster of the 65th Georgia. A rem- 
 nant of my regiment was at Andersonville — that portion which was not cap- 
 tured at Cumberland Gap. I arrived at Andersonville in February, 1864, and 
 remained until February, 1865. Some few over two hundred of my regiment 
 were the most that were ever there. I succeeded R. B. Winder as quartermaster 
 of the post at Andersonville. 
 
 CONDITION OF THE HOSPITAL. 
 
 I got some old refuse tents for my regiment when we first got to Anderson- 
 ville, in the spring of 1864; I made efforts to get tents for my own men, and 
 succeeded in getting these old tents. They were afterwards taken from the 
 men for hospital tents for the prison ; for the federal prisoners. Then I was 
 sent by Colonel Persons to try and procure some tents, and I travelled nearly 
 
TRIAL OF HENRY WIRZ. 479 
 
 all over Georgia to draw tents, and failed to get any at all. They were intended 
 principally for the prison hospital, and for my own regiment, if I could have 
 got enough. I was required to pay off my regiment, and I made an estimate 
 of the funds. I made my estimates regularly every month, and sent them through 
 Captain Wirz to the post quartermaster. He approved of them and forwarded 
 them to Eichmond. I did not receive any funds until the last of September or 
 the first of October. I never paid off my regiment ; I turned this money over, 
 when I did receive it, to Captain Johnson, who was there about that time and 
 paid off the reserves. If my recollection serves me right, I got about $50,000. 
 Captain E. B. Winder owed me S75,000, that he used, and I think he let me 
 have $50,000 of it in September. I made my requisition in April or May, 
 and a short time afterwards Captain Winder told me that he had received 
 $75,000 for the payment of troops ; that he had used it, and would replace it as 
 soon as he got his money. I know that the hospital was removed out of the 
 stockade, and the orders came afterwards. 
 
 THE RATIONS. 
 
 My regiment received the same rations as other troops there ; the rations were / 
 inferior. We had nothing but coarse corn-meal, which was frequently musty. 
 We got one-third of a pound of bacon, and sometimes this poor Florida beef, 
 which was always inferior or mostly so. I suppose it was the same as the fed- 
 eral prisoners received. It came from the commissary, and they all drew from 
 the same place. I never saw any difference made. It would be impossible for 
 me to tell about the number of prisoners before the quartermaster succeeded in 
 getting lumber or bricks for ovens, or anything for the accommodation of the 
 prisoners. I know that prisoners were coming in constantly, and it was some 
 time in April or May I think before arrangements were completed. 1'here were 
 not so many as 20,000 or 30,000. There might have been some ten or twelve 
 thousand or perhaps fifteen thousand. I cannot give anything like a correct 
 idea about that. They never 'did have a sufficient quantity of these conve- 
 niences. The ovens never were capacitated for cooking enough for the prisoners. 
 I have been in the stockade frequently, and the prisoners never did have their 
 rations all cooked. I do not know if it was bepause bricks could not be sup- 
 plied. I know they did not have it. I do not know whether they could get it/ 
 or not. "^ 
 
 Q. Do you know of efforts being made towards that end ? 
 
 A. I know what Winder told me ; that is all I know about it. 
 
 Q. Do you know anything about provisions being condemned by boards of 
 survey at Captain Wirz's instigation ; were there boards of survey there, and 
 were provisions condemned ? 
 
 A. Yes, sir. There were boards of survey and provisions were condemned. 
 
 Q. Did you not frequently hear Captain Wirz complain about the bad qual- 
 ity of the rations ? 
 
 A member of the court, in reply to an inquiry from Mr. Baker, said that the 
 question just propounded was in contravention of the previous ruling of tlie 
 court. 
 
 The question was withdrawn. 
 
 THE SUPPLY OF LUMBER. 
 
 Q. What were your efforts to get supplies for that post — lumber, nails, and 
 other supplies ? 
 
 A. I could not get any lumber at all. I do not think I ever succeeded in 
 getting but about two thousand feet of lumber. I made every effort pos- 
 sible. I tried every man that had a mill iiear there. I went to Cap- 
 tain E. B. Winder every week, and made efforts to get lumber from 
 
480 TEIAL OF HENKY WIRZ. 
 
 him. and General Winder. The millers would not let him have any lumber, because' 
 they said they had furnished the post with a great deal of lumber that had 
 never been paid for, and they could not carry on their mills unless they got pay 
 far their lumber. They would not let him have it. I had a quantity of nails on 
 hand, but they were tens and twelves ; they were all too large for nailing boards. 
 I made efforts to get some of smaller size, and I tried to swap these large-sized 
 nails for smaller ones, but I could not find smaller nails anywhere. I used the 
 tens for building the hospital. I never tried to obtain any other kind. I had 
 plenty on hand of these sizes, tens and twelves. • There Was an injunction 
 served on me and Colonel G-ibbs in December, 1864, or January, 1865, by Mr. 
 Dykes, to stop our getting wood or timber ofi his land for the use of the prison, 
 and to stop burying the dead on his land. 
 
 Q. Was there, or was there not, a good deal of trouble and hard feeling going 
 on previously, and a great deal of hindrance on that account ? 
 
 A. The people in the neighborhood were very much dissatisfied at having 
 this lumber used and not being paid for it, and they grumbled a great deal about 
 , it, and were constantly threatening the men who were at work getting wood. 
 It finally resulted in this injunction. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 I once heard General Winder give an order to have Stoneman's men searched. 
 I saw them when they arrived, one batch of them. I s^aw them search prisoners 
 down there afterwards ; I don't know whether they were all Stoneman's men 
 or not. It was after the first time I alluded to. The things taken from the 
 prisoners were carried to Captain R, B. Winder's office. I never knew or saw 
 Captain Wirz search prisoners. I have seen him down at the place when they 
 were searching, but I never saw him searching any one. 
 
 Q. Did you ever see Captain Wirz take clothing, blankets, or anything of 
 that kind from prisoners. 
 
 A. I do not know as to what he did to those Stoneman's men. He was down 
 there with them. I never knew him to have anything to do with taking 
 clothing or anything of the kind from any others than Stoneman's men. 
 
 Q. Do you know about any government orders to have Stoneman's men 
 searched, especially, in preference to others 1 
 
 A. I know of no orders except Gen. Winder's. He ordered them searched, 
 and what they had taken away from them. These Stoneman men were searched 
 near Castle Reed, as we called it at the confederate guard-house, some distance 
 from Captain Wirz's headquarters. I could see his headquarters from there. 
 His headquarters were on a hill, two or three hundred yards distant. 
 
 THE REBEL AUTHORITIES ADVISED OF THE CONDITION OF THE PRISONERS. 
 
 I know that there were several inspectors sent to Andersonville. General 
 Cobb, General Wright, and one or two others, whose names I do not remember, 
 and Colonel Ohanler came there. I never saw any improvement after their 
 inspections. I do not know what they did. I do not remember in what 
 months General Cobb was there. I was not there in March, 1865. 
 
 THE DOGS. 
 
 I have seen the dogs there. I never saw Captain Wirz go with them. I 
 do not know whether dogs were used there before Captain Wirz came ; I 
 remember of their bringing prisoners in who had been captured with dogs ; 
 I don't know whether it was before Captain Wirz came there. It was before 
 Turner's dogs were employed. I think it was before any dogs at all were 
 
TKIAL OP HENRy WIRZ, 481 
 
 employed at the post. Tliis man Harris brought them in — no one connected 
 with the post. I knew two planters around Andersonville that had hounds. 
 I know that this man Harris brought in prisoners. He is the only farmer that 
 had hounds, that I know of, that did so. Confederate soldiers were hunted by 
 Turner's hounds. I do not know whether he ever captured them or not. I 
 know that he started after them. Turner applied to me to be paid for his 
 bound running. I refused to pay him. He then went to the commander of 
 the post — Colonel Forno, I think, was in command then. He decided that 
 Turner was not entitled to it, being a detailed man ; that he was only entitled 
 to his detailed pay of twenty-five cents per day extra. 
 
 THK DISPOSITION AND CONDUCT OK CAPTAIN WIRZ TOWARDS THE PRISONERS. 
 
 Q. What do you know about complaints being made on the part of Captain 
 Wirz on account of the bad condition of aifairs there 1 
 
 The Judge Advocate objected to the question. 
 
 The President stated that the question was contrary to the previous decision 
 of the Court. 
 
 The question was withdrawn. -^ 
 
 I cannot now think of any specific act on the part of Captain Wirz to 
 ameliorate the condition of the prison. I know that I carried different things 
 into the stockade to the prisoners — vegetables and other things. Captain 
 Wirz never prevented or tried to prevent me from doing so. I always showed 
 him what I had to carry in, and he would give me a pass to take it in. 
 
 Q. Do you know of any charges or accusations made by Captain Wirz 
 against officers there for not doing their duty 1 
 
 •Witness. What officers ? 
 
 Mr. Baker. Any officers — anybody who abused the prisoners. 
 
 A. I do not remember anything about that. 
 
 the sup^plies from the north. 
 
 Q. What do you know about boxes coming for the prisoners ? 
 
 A. 1 know there were boxes shipped there for the prisoners. The contents of 
 a great many of them were spoiled, and some of the boxes were empty, when 
 they arrived there — they had been robbed before they came there. I saw 
 them in the cars. A great deal of the contents were spoiled: from being 
 delayed on the road, I suppose. The boxes were opened and examined by the 
 men who were at the cook-house, under the quartermaster, I believe. — 
 
 THE SUPPLY of WOOD. 
 
 Q. What is your recollection about the extent of the guard forces while you 
 were at Andersonville ? 
 
 A. The guard force, at first, was only my regiment ; then it went up, I 
 think, to about l,.'iOO. The lowest number was my detachment — the 65th 
 Georgia. I don't think it numbered over 120 or 130 at first ; but we had 
 hardly any prisoners there then; that was the first year. My regiment 
 increased all along till summer ; men were coming in. Officers and men com- 
 plained that their duties were very heavy. I have heard officers complain that 
 when men came off in the morning they would have to go on again before night. 
 The complaint was general among the guard forces. 
 
 ' CONDITION OF THE WATER. 
 
 There was an order forbidding soldiers from washing in the brook above the 
 stockade. The order came from the commander of the post. Colonel Persons, 
 I think, was the commander at that time. 
 H. Ex. Doc. 23 31 
 
 1 
 
482 TUIAL OF HENKY WIEZ 
 
 THE DIFFICULTY OF PROCURING TOOLS, AXES, KTC. 
 
 The colored men employed on the fortifications there belonged to planters in 
 the vicinity of Andersonville, and their toola they brought with them, I tliink ; 
 and what they did not bring belonged to the engineer department. The engine 
 eer's department had charge of them. The engineers, when they left, carried 
 with them what tools they had belonging to that department, and sent those 
 belonging to the planters back by their servants. I do not know whether 
 Captain Wirz could in any way have taken those negroes or their tools for the 
 purposes of the prison. 1 would not suppose that, according to military law, 
 he could. 1 had nothing at all to do with the engineers or their department. 
 I was quartermaster for the troops. 
 
 Q. Did Captain Wirz have any control over them? 
 
 A. I don't know anything about that. I never saw or knew him to have 
 any control of them in any way ; I do not remember ever being over there 
 while the work was going on. 
 
 THE DBFICIENCV OF TUANSPOBTATION. 
 
 The reserves had four teams which belonged to the quartermaster of the 
 reserve corps. The commander of the post ordered the post quartermaster to 
 take chai'ge of them. 
 
 THK STOCKS. 
 
 I heard of the stocks at the confederate guard-house as well as at other 
 places. I never saw them. 
 
 THE POWER OF CAPTAI.N WIRZ TO GRANT FURLOUGHS. 
 
 I never knew or heard of Captain Wirz promising a guard a furlough for 
 shooting Union soldiers. I never knew of any one getting a furlough for that 
 jcause. Captain Wirz gave transportation in the name of General Winder ; he 
 "used to sign the orders for transportation there. 
 
 Q. Can you explain that ? 
 
 A. We had an order from Eichmond forbidding any one to issue transporta- 
 tion except on the orders of chiefs of bureaus and commanders of armies and 
 departments. That locked up our post so that we could not issue any trans- 
 portation at all until General Winder got an order allowing him to issue trans- 
 portation. After he left there Captain Wirz signed orders for transportation, as 
 assistant adjutant general. 
 
 AUTHORITY OF CAPTAIN WIRZ OVER THE HOSPITALS. 
 
 After I took charge, the surgeon made requisitions on me for teams — for 
 whatever he wanted that was in the quartermasters' department. I was in 
 charge of the quartermasters' department from October till the Ist of Februaiy. 
 Captain Wirz did not have anything to do with the approval or sanction of 
 those requisitions. 
 
 TREATMENT OF THE DEAD. 
 
 I know there was one prisoner buried there with masonic honors — from the 
 stockade. I saw the procession coming from the stockade. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDERSONVILLE IN THE SUMMER OF 
 
 1S64. 
 
 Q. What do you know about Captain Wirz's sickness in the month of July 
 or August, or about that time? 
 A. I know that he was sick, but could not say what time he was confined. 
 
TRIAL OF HENRY WIRZ. 483 
 
 He was sick in the summer ; I do not know what month ; he was confined to 
 his house. I know that in September he was feeble, and I had to send him 
 backwards and forwards in-an ambulance ; the first part of September I think it 
 was. I think he used the ambulance two or three weeks. That was after he 
 was sick. 
 
 Q. When he was brought in, how did he look and how did he conduct him- 
 self — like a well man or like a sick man 1 
 
 A. He looked very feeble. I have seen him lie down in the day ; in passing 
 I have frequently seen him lying down. Lieutenant Davis was in command 
 or in charge when Captain Wirz was sick. Lieutenant Davis was there most of 
 the time General Winder was there ; he was on General Windi-r's stafi'. In 
 September, when Captain Wirz was so feeble, he would generally go home tol- 
 erably early in the afternoon ; about 3 or 4 o'clock, I suppose. 
 
 Q. Do you know of the prisoners being carried away or removed after he 
 had left ? 
 
 A. Yes, sir, I have known prisoners to be sent ofi' when he was not there. 
 
 WIRZ'S ABILrXY TO USE BOTH HIS ARMS. 
 
 I know that Captain Wirz was crippled in his right arm. I do not think he 
 •could use it. It was injured in some way. I do not know whether it was 
 broken or not. I know that his right arm was injured. I have never seen 
 him dressing it. 
 
 THE INEFFICIENCY OF THE (QUARTERMASTERS' DEPARTMENT AT ANDERSON- 
 
 VILLE. 
 
 The condition of the quartermasters' department when I left was a little 
 improved — very little, compared with when I took charge of it. I was not able 
 to make much improvement in it. I made exertions to improve it. I did the 
 best I could. 
 
 Q. From your knowledge of the quartermaster and commissary departments, 
 .and of Captain Wirz, was Captain Wirz in any way to blame for the short- 
 ■comings or deficiencies of those departments 1 
 
 The Judge Advocate objected to the question, on the ground that the court 
 had not yet been informed as to the extent of the witness's knowledge, so as to 
 <ietermine whether an opinion from him on that subject would l)e of any value. 
 
 Mr. Baker contended that, as the testimony of the witness showed that he 
 had charge of the quartermasters' department, he must necessarily have acquired 
 snfScient knowledge on the subject to be able to give an intelligent and reliable 
 opinion in answer to the question. 
 
 The Court, after deliberation, sustained the objection. 
 
 I think R. B. Winder and Reed left Audersonviile in September or the 1st 
 of October. I never saw them there after that, that I remember. If they had 
 been there I think I should have seen them, of course. 
 
 THE CHAIN-GANG. 
 
 I do not remember ever seeing any one in the chain-gang. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 The weakest part of the stockade was where the brook passed through it. 
 I have known it to be. washed down there. I suppose that, if the prisoners 
 attempted to get out, they could push it down, if they had had anything to 
 operate with. I do not know how they could push it down with their hands. 
 
 THE CHARGES OF MURIJER AGAINST WIRZ. 
 
 Captain Wirz wore white pants and was in his shirt sleeves almost all tho 
 summer. 
 
484 TRIAL OF HENRY WIEZ. 
 
 RONDITION OP THE PRISONERS l.\ THE STOCKADE. 
 
 ' I have seen prisoners arrive from Eichmond, Belle island, and other places. 
 They were in a very emaciated condition and very destitute of clothing. They 
 were poor and weak and appeared to be sickly. A great many could not walk 
 to the stockade from the depot. They were very poorly clad ; I mean that 
 they were not naked, but they did not have good clothes. Their clothes were 
 ragged. Quite a number of them were without coats. I cannot be positive as 
 to whether I ever saw any prisoner arrive there dead or die very soon after 
 arriving there. It seems to me that some died very soon after they got there. 
 I do not remember about any being dead when they were brought there. I 
 cannot say positively if they died before being put into the stockade. I do not 
 remember. I remember that some were sick, but I do not remember whether 
 they died before being put into the stockade. The condition of the prisoners 
 _as to health and appearance was very bad. 
 
 Q. Did they have anything but what they had on their backs? 
 
 A. Some had ; a great many of them had blankets, and some had overcoats, 
 and some little cooking implements. I have seen men who had nothing but 
 what was on their backs. 
 
 TRADING BETWEEN THE CONFEDERATE TROOPS AND THE PRISONERS'. 
 
 I know that the prisoners used to trade with my regiment, the fifty-fifth 
 Georgia, while they were on duty. The men of the fifty-fifth Georgia would 
 try to get on the same post near each other in order to trade. They would get 
 together in guard-mounting (I have seen them do it and heard them talk about 
 it) in order to get on the same post to trade, and to prevent the reserves from 
 interfering with them in trading with the prisoners. The fifty-fifth Georgia 
 always had plenty in the way of clothing, boots and shoes. They made money 
 out of the prisoners by trading in that way. They would get on the posts 
 near to each other in order to prevent the reserves from interfering with them. 
 The men of the fifty-fifth Georgia regiment would try to get on posts near to 
 each other, lying together, and then they would trade with the prisoners. The 
 reserves would not be on the post near to them to interfere with them. They 
 could trade without any interference from the reserves. They were pretty well 
 supplied in that way. In December or January I received a supply of cloth- 
 ing and shoes for the reserves there. My regiment had left before. I issued 
 that supply to them. 
 
 THE DISPOSITION AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS. 
 
 Gross-examined by the Judge Advocate : 
 
 I said I went to Andersonville in February. I left there the next February. 
 I succeeded Captain E. B. Winder the lat of October. I was quartermaster 
 to my regiment part of the time, and then quartermaster for all the troops there. 
 I had nothing at all to do with the stockade or with Captain Wirz. I have 
 seen him passing every day is the reason I know so much about it. I was not 
 a familiar associate with Captain Wirz. I used to see a good deal of him after 
 I was made quartermaster of the post. He would come around to the quar- 
 termaster's office ; his office was not more than thirty steps from mine. He 
 went there for anything he wanted. 
 
 Q. What right .had he to go there? 
 
 Counsel for accused objected to witness answering the question, on the 
 ground that it would be merely his opinion, and 
 
 Question modified. Did he come there on official business ? 
 
 A. Yes, sir. I suppose he would come there two or three times every week — 
 maybe oftener. I would go to his headquarters frequently to see about transporta- 
 
TRIAL OF HENRY WIRZ. 485 
 
 tion, &c. ; sometimes two or three times a day ; some days I would not go there at 
 all. I did not know anything ahout his business. I know nothing more than what 
 I heard about the rigors he imposed on the prisoners in the stockade. When- 
 ever I would go to the stockade I would most commonly see him. I have seen 
 him go into the stockade a good many times ; I used to go into the stockade 
 frequently myself. I had friends there to whom I carried vegetables. I do not 
 pretend to know what Captain Wirz did while he was there. I know nothing 
 of my personal knowledge as to what he did to the prisoners inside the 
 stockade. 
 
 Q. Do you know of your personal knowledge what he did to prisoners out- 
 side the stockade ! 
 
 A. Well, I know that he has had them put in the stocks, and in the chain- 
 gang and such things as that ; that is about all I know. No one was per- 
 mitted to trade with prisoners inside the stockade but the sutler. I never 
 knew of any one ever taking any vegetables and such things in there, unless 
 it was some man who had come down there specially to see a friend ; I have 
 known one or two instances of that kind. Captain Wirz let me go in when- 
 ever I pleased. Frequently I had some friends in there myself, and then one 
 of the pri>!oner3 had an uncle who used to send provisions to me for him, and 
 I would carry them in. In all those cases it was by special permit, and 
 they were special cases, and they were friends ©f mine. I made that rep- 
 resentation to Captain Wirz when I got the permits. Sometimes I would tell 
 him that I had some provisions from a man who had a friend inside the stock- 
 ade; he had sufficient confidence in me to believe that I would not abuse the 
 privilege, and he never refused me the privilege of going in there. It was not 
 generally allowed. I do not think it was. I do not think any man was allowed 
 to go in there unless Captain Wirz knew who he was, and that he would not 
 abuse the privilege. 
 
 THE UOGS. 
 
 I know that Captain Wirz had prisoners chased by dogs. I didn't say that 
 no dogs were used there until Turner's were brouglit there. I say tliat dogs 
 were used there without being hired ; that there were prisoners brought in that 
 had been captured by dogs. 
 
 Q. Do you not know that no dogs were used there till Captain Wirz came 
 from Richmond 1 
 
 A. I do not know about that, whether it was before or after. I could not 
 say positively, because I do not remember, but I remember the first pris- 
 oner." that were caught by dogs. I do not remember the date ; I do not 
 know whether Captain Wirz was there or not. I went there in February ; 
 I cannot say how long it was after I went there; it appears to me Captain Wirz 
 was there. I know that Harris was employed there for that purpose ; I will 
 not say positively, but I think it was after he brought prisoners in. He brought 
 the first. I do not know that he was employed by Captain Wirz. I saw him 
 about Captain Wirz's headquarters every time he came with prisoners. It was 
 generally known that he was in that business of chasing prisoners with dogs. 
 Turner, the hound runner, applied to me for pay. He told me Captain Wirz 
 had promised him $30 apiece for the captured prisoners, and that he was need- 
 ing the money. I told him I did not believe he was entitled to it and would not 
 pay him without a special order from the quartermaster general. It was a tech- 
 nical question raised by me, he being a detailed soldier. I never paid him at 
 all. 1 do not know whether he was paid or not. He afterwards appealed to 
 the commandant ; he applied to Colonel Forno, and he came and reported to ine 
 that he was entitled to 25 cents a day. Colonel Forno talked about it afterward. 
 At the time Turner applied to me he said Captain Wirz had promised him $30 
 a head. He did not tell me when Captain Wirj employed him. I do not 
 
486 TRIAL OF HENRY WIRZ. 
 
 remember what time it was he commenced his duties there when he was detailed. 
 I could not state positively. 
 
 CONDITION OF THE HOSPITAL. 
 
 I procured a few tents for my regiment, and they were afterwards turned 
 over to the prison hospital ; they were turned over to Dr. White. 
 
 THE SUPPLY OF LBMBRR. 
 
 My regiment built barracks for themselves. They had no trouble in getting 
 the wood or lumber they wanted for that purpose. The barracks did not have 
 floors — that is, they had dirt floors. They built the barracks of split pine logs. 
 I did not hear a great deal nf complaint of the want of facilities for building 
 those barracks. 1 was not able to get any lumber, but Captain Winder, when he 
 left, turned over to me about 125,000 feet of lumber. I built all the prison 
 hospital that is there now with it. I do not know how long it had been oa 
 hand. It came in possibly in the summer months. It was piled up and no use 
 was made of it; and at the same time the prisoners were suffering for want of 
 shelter. When I say I was not able to get lumber, I mean that I was not able 
 to get any but what was on hand, and that was not sufficient. I know that 
 Colonel Persons while there got a great lot of lumber. He got lumber towards 
 the latter part of his stay there. He staid there till some time in June. I know 
 that that lumber was not used for sheltering the prisoners. Let me correct that 
 a little. There were some barracks built inside the stockade, a few, half a 
 dozen or so, and they might have been built of part of that lumber. I do not 
 know whether they were or were not. That would not have taken all of it, nor 
 a considerable part of it. I did not pay attention to that injunction I was sewed 
 with, to cease taking lumber there. No attention was paid to it. I went right 
 alpng taking what timber I wanted. 
 
 PRIVATE PROPERTY TAKEN FROM PEISONERS. 
 
 I do not know of any men but Stoneman's being searched there. If any 
 other men were searched I do not remember about it now. I saw all the pris- 
 oners who were searched brought in. I did not see all of them when they 
 arrived, by a great many ; I only saw the trains on which they came. I never 
 saw them when they were taken off. I was not at Captain Wirz's headquarters 
 when they were taken there. I do not know what was done on those occasions. 
 I speak of one lot of men that were said to be Stoneman's raiders, that I saw 
 searched. It was the first lot of Stoneman's men that came in. I cannot say 
 in what month it was, because I do not know when Stoneman was captured. It 
 was in the summer. I could not give you anything like the time; I could ascer- 
 tain it. It was some time before I was assigned to duty. I was assigned to duty 
 in October. I would have to guess at about how long it was before that time. 
 I would say about j^ugust. I think Stoneman's raiders were brought there in 
 July or August, but it is only guess-work. I did not witness the entire pro- 
 ceeding of the search and the taking away of things there. I saw some of the 
 articles that were taken away from them. I saw some blankets. I do not re- 
 member that I saw overcoats. I saw some blankets, shirts, and trousers. They 
 had been taken away from those prisoners. I got some of them to give to a 
 sick prisoner that I had under my chai-ge there ; I do not know what became of 
 the other articles. I do not pretend to say that those were the only mea that 
 were ever searched or robbed there ; I did not say so in my direct examination. 
 I cannot remember if I saw any men searched after that time ; I might have 
 seen it, but I do not remember now. I know there was more than one lot of 
 Stoneman's men brought in there. I do not know how many times they were 
 
TRIAL OP HEKRY WIRZ. 487 
 
 brought there. I know that I saw articles coming up on other days, and they 
 said they had been searching Stoneinan's raiders again. I think I saw the men 
 the days when the search was made standing down there, but I was not near 
 them. I was up at the post; could see them from the post down in the bottom. 
 I do not know what was taken from them at that time. I do not know that 
 they were Stoneman's men at all. It was after Stoneman himself was captured. 
 He had been captured at the time the first search and robbery took place. He 
 was not with the party. He was never brought to Andersonville at all that I 
 heard of. 
 
 By the Court: 
 I saw that these men of Stoneman's, after they were searched, were marched 
 off to the stockade ; 1 did not see them as they marched off; I think not; I 
 remember seeing them start off; I might have done it or not. I do not know 
 how they were clad at the time- they were turned into the stockade. 
 
 THE RATIONS. 
 
 I do not say positively that the confederate ration was the same as that given | 
 to the priponers of war. I say that as far as 1 know it was ; I know it came 
 out of the same commissary. I do not know in what condition it reached the 
 prisoners. I did not follow the rations .to the prisoners. I know they did not 
 receive the same inside the stockade. I know that when the ration was cooked 
 and they received it inside, it was not as good as the confederate soldiers, and 
 not near as much. I' know that the condition of the cook-house was such that 
 it rendered the rations almost unfit for use. I know the cook-house was very 
 filthy ; they used to knead up the dough in a trough, and it seemed to me as if 
 it was shortened with flies ; it was full of flies when they worked it up ; they 
 worked it up with a hoe, or something that looked like a hoe, and then afterwards 
 it was baked in large loaves. You could break the loaf open and see flies in it. 
 I never tasted it ; I know the prisoners complained of it. It was not baked 
 through and through; it did not appear to be properly done. There were no 
 boards of survey organized at Captain Wirz's instance. I do not know at whose 
 instance they were organized. I know I have been on boards of survey there 
 myself; I was oa a board of survey on some rotten meat and bacon ; I do not 
 remember the date. It was in the summer, I think, perhaps in July. It was 
 not a very frequent occurrence to organize boards of survey there to condemn 
 provisions ; it might have been though, and I might not have known it ; I 
 know of two boards there. 
 
 Q. Do you not know that a great many provisions were issued to the pris- 
 oners of war there that would have been properly condemned by a board of 
 survey ? 
 
 A. Well, I do not know what they would have done. I have seen provisions 
 that I would have condemned if I had been on a board. [ have seen a good 
 deal of beef at different times ; I do not know the qxianity, but I did not think 
 it fit to eat. I do not remember being on but one board that condemned anything 
 from the commissary, and that was a lot of bacon and meat. We condemned it ; 
 it was not fit for anything; it was perfectly rotten. I do not think it was 
 issued again to the prisoners, because it was perfectly rotten and could notj 
 be used. 
 
 By the Court : 
 I don't know of any brick-yards there ; they got all their bricks from Macon 
 The cooking and baking vms all done under the same roof until they built 
 another cook-house off at some distance. 
 
488 TRIAL OF HENEY WIEZ. 
 
 CONDITrON OF THE WATER. 
 
 By the Judge Advocate : 
 
 The order forbidding bathing above the stockade was not obeyed. The stream 
 \ in which the men bathed flowed through the stockade. 
 
 THK DIFFICULTY OF PROCURING TOOLS, AXES. ETC. 
 
 Negro laborers were procured for the purpose of building trenches and labor- 
 ing in the stockade. I never had any difficulty in getting all the negro labor I 
 wanted ; I never had any use for negro laborers. When requisitions were made 
 for them I suppose they were obtainable; I think the planters volunteered and 
 sent in their negroes by request of General Winder; I do not think he impressed 
 them. It did not become necessary ; 1 know as a fact that there were plenty of 
 i__negroes in that neighborhood. 
 
 THE POWER OF CAPTAllV WIRZ TO GRANT FURLOUGHS. 
 
 I do not pretend to know all that went on at headquarters with regard to 
 granting furloughs. I was not a staff officer at headquarters. I had nothing to 
 do with furloughs — who received them, and what cause was assigned for them. 
 I know nothing about it only from what I heard. I heard of a furlough being 
 granted to a confederate soldier for shooting a Union prisoner ; I never knew it. 
 I heard such rumors in camp among our own soldiers. 
 
 By the Court : 
 
 I saw the transportation orders after they were signed by Captain Wirz, I 
 always had them signed by him before I issued transportation. They were 
 signed " H. Wirz, Captain and A. A. G." I do not know whether '' by order of 
 General Winder" or only " Captain and A. A. G." He might have signed " by 
 order of General Winder." We understood him to be adjutant general to Gen- 
 eral Winder at that time. That was during my stay there from October till 
 February. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROiVI ANDERSONVILLE IN THE SUMMER OK 
 
 1864. 
 
 By the Judge Advocate : 
 I could not pretend to fix with any certainty the time when Captain Wirz 
 was sick ; I know that he and Lieutenant Davis were on duty together, but I 
 do not know whether they were on the same duty or not. They both visited 
 the stockade together. 1 tliink they used both to be together there and about 
 his headquarters. While Captain Wirz was sick I conveyed him from his head- 
 quarters to his house in an ambulance. In September General Winder ordered 
 me to succeed Captain Winder as quartermaster, and I had charge of the trans- 
 portation ; and when Captain Wirz was sick I was ordered to send an ambu- 
 lance for him. I never carried him backwards and forwards. I only ordered 
 the ambulance to go after him. He had control of the ambulance while he was 
 using it. He would tell the driver when to come after him and when to carry 
 him backwards and forwards. It was not regularly turned over to him, only 
 he had the use of it. There were two ambulances there. Neither of them 
 belonged to my regiment ; they belonged to the post. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I remember seeing Captain Wirz all summer nearly, having on white pants 
 and ill his shirt sleeves ; I do not know what he wore when 1 did not see him. 
 I have seen him with a confederate uniform on. I do not remember seeing him 
 during the summer months with a uniform on. He always had on white pants 
 when I saw him and was in his shirt sleeves. 
 
TEIAL OF HENRY WIEZ. 489 
 
 WIRZ'S ABILITY TO USE BOTH HIS ARMS. 
 
 Q. You say he was crippled in his right arm. Do you not know that he uses 
 his right hand to write with, to use the pen ? 
 
 A. Yes. I think he uses the pen wiih his right hand. I do not think he could 
 use his right arm well. I have heard him complain of it. I never noticed him 
 riding with the reins in his right hand. I never noticed which hand he used. 
 I have seen him riding when he carried a pistol and held the reins at the same 
 time. I do not know which hand he used to hold the reins or pistol with. I 
 don't think he had the reins and pistol in the same hand ; I never noticed his 
 being incapacitated entirely to use his right hand. I do not know how much he 
 used his right hand. I never noticed particularly about his using it. His being 
 crippled in the right hand never struck me as being remarkable from his use of it. 
 I never saw him have occasion to use it except in writing, and it is my recol- 
 lection that he then used his right hand. 
 
 THE CHAIM-GANO. 
 
 Q. You say you never saw but one chain-gang? 
 
 A. Well, it might not have been the same chain-gang that I saw. The time 
 I saw the prisoners in the chain-gang might have been before General Winder 
 came there. I did not say whether it was or was not ; I cannot say positively 
 when it was. I do not remember the date, for I never changed my mind 
 with it. 
 
 SH00tK\G of PRISONERS BY THE GUARDS. 
 
 I never heard of prisoners of war escaping over or breaking through the stock- 
 ade ; all I know is that where the stockade crossed the branch the ground was 
 boggy and marshy, and the stockade was not fixed tightly in the ground. I 
 know it was washed down, and I thought that was a weak spot. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 Q. You spoke of seeing boxes arrive there for the prisoners, containing you 
 did not know what. What knowledge have you from your own personal 
 observation on that subject ? 
 
 A. Well, I saw the boxes arrive. 
 
 Q. When? 
 
 A. I could not tell the month. 
 
 Q. Was it after you were assigned ? 
 
 A. No, sir ; it was before. 
 
 Q. Was that the only time you ever noticed any boxes arrive ? 
 
 A. I saw sanitary boxes come there. 
 
 Q. Were they empty ? 
 
 A. No ; full. 
 
 Q. Well, then, what boxes do you speak of? 
 
 A. I speak of boxes of provisions. 
 
 Q. Sent by citizens ? 
 
 A. I suppose sent by citizens to their friends. 
 
 Q. Then you do not refer to provisions sent by the sanitary commission 
 at all ? 
 
 A. I do not know whether the things were sent by the sanitary commission — 
 they just came in boxes. I supposed they came from the ft-iends of the prisoners 
 north. 
 
 Q. What marks had they on them ? 
 
 A. The names of the persons to whom they were addressed — Union soldiers. 
 
 Q. Did you open them ? 
 
490 TRIAL OF HENRY WIRZ, 
 
 A. No, sir. 
 
 Q. Did 3'ou sec them opened 1 
 
 A. 1 was passing by there and saw the men opening them ; they had them 
 in a little back room in the commissary building. 
 
 Q. Do you know how long they had them there before they were opened 1 
 
 A. They staid there a week or two. _ . 
 
 Q. You do not know but that they were robbed of their contents w"hile in the 
 store 1 
 
 A. No, sir ; I believe they were. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 By CoUiN'SEL : 
 I never knew Captain Wirz to shoot or beat a prisoner so that he died while 
 I was there. Captain Wirz's horse was an old gray mare. I never saw him 
 ride on sorrel or roan horse or knew of his having one there. 
 
 THE DEFICIENCY OF TRANSPORTATION. 
 
 By the Court : 
 Q, You say that there was not enough of transportation there. Could they 
 not have built more wagons ? 
 
 A. There was no reason why they should not. 
 
 THE SUPPLY OF LUIMBER TREATMENT OF THE DEAD. 
 
 September 30, 1S65. 
 
 Samuel Hall, recalled for the defence : 
 
 I live at Macon, Georgia. I had no official standing in 1664. I was employed 
 as an attorney by government officials to attend before the State authorities to 
 matters of litigation, in which they were interested, as I would have been by 
 any other client. I was not employed by Dykes. I was employed to represent 
 the defendants in that bill. There was a bill filed by Dykes against Colonel 
 Gibbs and Captain Wright in which an injunction was sought to prevent the 
 government or to prevent those parties from using the burial-ground and from 
 cutting wood and timber from off Dykes's land. He alleged in that bill that 
 they had appropriated his land without authority ; that they had taken a great 
 deal of wood away from him ; that they had made him no compensation for it ; 
 in fact, that he was robbed. He alleged that the graveyard, from the manner of 
 the burial of the dead, was a nuisance. When the bill was presented to the 
 judgefor his sanction, he wrote an order on the back of it, requiring the defendants 
 to show cause why an injunction should not issue. I answered the bill for them, 
 procuring affidavits, appeared before him and showed such cause as I was able 
 to show. The hearing of it was postponed to enable me to get the testimony of 
 some other witnesses, the affidavits of some other witnesses, and after it was 
 postponed. Dykes dismissed his^bill voluntarily. It was stated that there were 
 other parties concerned in it with Dykes. I went to those parties and they 
 denied it. I took proof to the effect that that field in which the prisoners were 
 buried was a burying-ground before the war, and that citizens had been buried 
 there, and that the ground had been dedicated to the public use. I went out 
 there to that ground and I saw signs of graves that must have been there before 
 the stockade was put up. I think the confederate dead were buried in the same 
 field, at some distance apart, however ; by themselves ; it was pointed out to 
 me. I know the circumstances with regard to the termination of that suit. 
 The officers at the post, Wirz among the number, urged me to get the govern- 
 ment to pay those claims, and let them go on getting wood. I went to this man. 
 Dykes, and promised — and not only promised him but promised men bj' the 
 
TRIAL OP HENRY WIRZ. 491 
 
 name of Oolman and Hobart, who owned land around there — to use my endeavors 
 to get their pay from the government, I wrote several letters on the subject, 
 but got no answer to them. I wrote to General Winder, and I wrote to the- 
 quartermaster general at Richmond. 
 
 APPEAL OF GENERAL WINDER FOR LABORERS, TEAMS, ETC., TO COMPLETE' 
 THE F.ORTIFICATIONS AT ANDERSONVILLE. 
 
 I never knew any negroes to be impressed to go to An lersonville. General ,' 
 Winder made an appeal which I saw published, sticking up, saying that he had 
 authority to impress and he would use it, and making certain propositions to the 
 planters which they deemed advantageous to them, and they sent forward negroes- 
 andtools, and teams and wagons, without any impressment. I think it was in the 
 month of July. It was before I ever visited the post at Andersonville, I know. 
 Captain Wirz had no authority that I know of to impress negroes, unless it had 
 been conferred on him by the authorities at Richmond. J 
 
 Q. What were the litigation and the decisions with regard to that impress- 
 ment law in Georgia 1 
 
 A. Well, the supreme court of that State decided twice that (one portion of 
 it, compelling a party to part with his property at the valuation set upon it by 
 State commissioners, was unconstitutional, and th.at feature of the law fell before 
 that decision. 
 
 THE SUPPLY OF PROVISIONS IN GEORGIA IN 1864. 
 
 The crops in 1S64 were short. Nearly the entire wheat crop of that section 
 of the country was lost or damaged in consequence of the excessive rains in 
 June. A drought succeeded lo that and it cut the vegetables short. There was 
 an appeal made to send vegetables to Johnston's army, and it was with great 
 difficulty that they could be procured ; in fact, the cabbages, collards, and things 
 of that sort, before the month of September, rotted in the gardens, and were 
 offensive. That was in 1864. 
 
 Q. Could any considerable portion of the demands for Johnston's army be 
 supplied or was it ? 
 
 A. Well, I do not know to what extent he was supplied. I know there were 
 great efforts made to send vegetables to his army. The soil about Anderson- 
 ville is a poor pine barren. 
 
 Q. How many acres of land would it take to raise a bale of cotton there ? 
 
 Witness. What, right around there 1 
 
 Counsel. Yes. 
 
 A. I do not know. I would not like to undertake to say. No land in the 
 country would yield ten bales to an acre. Well, I suppose it would take ten 
 acres of that land round there in the immediate vicinity of Andersonville to 
 raise one bale of cotton. It is a mere matter of supposition though. I know 
 about raising cotton. I have raised it. There is no cotton raised in the country 
 around there. It is not a wheat country. The chief value of that land im- 
 mediately around Andersonville consists in its timber ; they can cut it down and 
 sell it to the railroad for fuel or cross-ties. I do not know anything about the 
 mills in the immediate vicinity of Andersonville. I live about 10 miles from there. 
 Right around me there are four mills, two of them pretty good mills and the 
 others small. 
 
 the prisoner.s prevented from buying vegetables. 
 
 Q. What was the law in relation to "greenbacks ?" 
 
 A. There was a Confederate States statute, and there was a statute enacted 
 by the State legislature, both very stringent ones, prohibiting the circulation of 
 the currency of the United States, making it a fine and penitentiary offence for 
 
492 TRIAL OF HENRY WIRZ. 
 
 any one convicted of trading in them or circulating them, giving them currency 
 in any way in the Confederate States. There was an exception allowing govern- 
 ment agents to collect this currency for the use of the government, and when it 
 was obtained by a sutler he was required by an order to turn it over to the 
 quartermaster. I got some greenbacks once, under General Winder's order, to 
 be sent to a friend of mine, who was in prison at Fort Delaware. 1 never saw 
 them. They were sent through Colonel Ould, commissioner of exchange. 
 
 I never prosecuted but one officer for evading that law, and that was a sur- 
 geon. I prosecuted a good many citizens, at the instance of the military author- 
 ities, who were not amenable to the military law, and several soldiers. Captain 
 Wirz never applied to me in reference to greenbacks. He applied to me to 
 prosecute some men there who had been appropriating provisions and things of 
 that sort belonging to prisoners, and I took out a search-warrant for him to find 
 the stolen property. I think none of it was found. I think the warrant was 
 unavailing. I saw orders stuck up there with General Winder's name signed to 
 them embodying those statutes of the confederate congress and of the State, and 
 saying that they would be enforced against any one who violated them. 
 
 ABSENCE OF CAPTAIN WIRZ FROM ANDGRSONVILLE IN THE SUMMER OF 1864. 
 
 Q. What do you know about Captain Wirz being sick in August, or at any 
 time ? 
 
 A. Well, the first time I ever saw Captain Wirz in my life, I think, was in 
 the month or August. He had the appearance then of having recovered from a 
 spell of sickness. He was feeble and emaciated. When he was taken sick, or 
 how long he was sick, I don't know. 
 
 THE DOGS. 
 
 Q. What is the law in relation to the employment of dogs to search for pris- 
 oners and such like in the State of Georgia? 
 
 A. There is no law on the subject of hunting prisoners in Georgia. Dogs 
 are used for tracking felons, violators of the law, and for tracking runaway 
 slaves. By the laws of Georgia you cannot pursue anybody with ferocious, 
 savage dogs. 
 
 The Judge Advocate. We do not want a judicial opinion. Tell us the 
 authority. 
 
 A. It is a statute of the State and a decision of the supi-eme court on that 
 statute to which I refer. It is the 18th volume Georgia reports ; the case of 
 Morgan versvs Davis. I argued the case before the supreme for the counsel 
 for the plaintiff in error, who was absent. 
 
 The Judge Advocate objected to the testimony as irrelevant and immate- 
 rial, to say nothing of placing men who fought for their country on the level of 
 common felons. 
 
 (Mr. Baker contended that the evidence was proper. He wanted to show by 
 this witness that dogs might be by the laws of Georgia used to track colored 
 N people and prisoners. 
 
 The Witness. I stated distinctly that I knew of no law covering this case. 
 
 Mr. Baker said that ho wished to get from this witness such facts as he could 
 
 get bearing on that point, and that he would finally show that by the laws of 
 
 the United States, the use of dogs for such purpose was authorized ; that the 
 
 United Slates government was the first to authorize and command the u^e of 
 
 (Jiounds to track human beings in this country. 
 
 General Thomas. 1 suppose you mean in Florida. 
 
 Mr. Baker. I shall trace it to several places, and I shall follow that up by 
 showing that these people were bound by law to do what they were commanded 
 to do by their superior officers. 
 
TRIAL OP HENEY WIEZ. 493 
 
 After deliberation, the decision of the court was- announced, sustaining the 
 objection. 
 
 Examination resumed : 
 I do not know any laws in reference to the recapture of prisoners. There 
 was a law forbiddihg the inhabitants to entertain or harbor our prisoners. There 
 was a State law against it, making it a capital felony. I have never seen prisoners 
 who were brought back to Andersonville searched there. I never witnessed 
 any searching there. The fact never came to me officially. I only know of 
 that from what others told me. I know nothing in the world about the effort 
 of Captain Wirz to exchange the prisoners, or anything of that sort, except 
 what Captain Wirz told me. 
 
 CHARGES OF MURDER AGAINST WIRZ. 
 
 I was not often at the prison ; I was at the post frequently. 
 
 Q. Did you at any time know or hear of Captain Wirz shooting or beating a' 
 prisoner with a pistol, or killing him in any other way ? 
 
 A. No, sir ; I never heard about that. It was not my business to search into 
 it. Any testimony'that I can give on that subject is merely negative. I saw 
 Captain Wirz riding a white mare. 
 
 Q. You know how to prove that a thing was not done ; is it not always proved 
 by negative testimony ? 
 
 The Judge Advocate objected. It was for the court, not for the witness, to 
 decide that. 
 
 Objection sustained. 
 
 Cross examined by the Judge Advocate : 
 I do not know how often I was at Andersonville. I may have been there 
 twenty times. I never went there unless I had business. All my observations 
 there were based upon these twenty visits — I do not think they exceeded that 
 number. I did not always see Captain Wirz when I went there. I cannot 
 say the number of times 1 saw him. I most generally saw him there. I know 
 nothing in the world about the management of that interior prison. 
 
 THE SUPPLY OF LUMBER. 
 
 Q. Tou spoke of Captain Wirz having interfered to induce Mr. Dykes to 
 withdraw his application for an injunction ; was that on behalf of rebel soldiers 
 who were getting wood there ? 
 
 A. No, sir. They all interfered, so that the prisoners and the troops, I suppose, 
 might be furnished with wood. There never was an injunction granted. There 
 never was an impediment to their getting wood, so far as I know. The appli- 
 cation was made for an injunction, but it was never granted. I know of no 
 impediment against getting all the wood necessary for the use of that prison. 
 
 APPEAL OF GENERAL WINDER FOR LABORERS, TEAMS, ETC., TO COMPLETE THE 
 FORTIFICATIONS AT ANDERSONVILLE. 
 
 I did not say there was no authority to make impressments there. I said 
 that General Winder had authority, as he stated in his card, to impress those 
 negroes. There were pretty liberal laws enacted by the confederate congress 
 on that subject, giving officers large powers to make these impressments. I 
 suppose General Winder could have gotten the authority from Eichmond, if he 
 desired to exercise it. 1 do not know the extent of the authority. I do not 
 pretend to know what authority Captain Wirz had by reason of his being a 
 staff officer to General Winder. In fact, I do not know, of my own personal 
 knowledge, that he was a staff officer to General Winder. 
 
494 TRIAL OF HENEY WIEZ. 
 
 Q. You have said something ahout a Georgia decision on the suhject of 
 impressment ? 
 
 A. Yes. I said that one feature of the act of the confederate congress, requir- 
 ing parties to accept the price placed on their property by State cornmissionera, 
 was uuconstit-utional. The rebel government paid attention to the Georgia 
 •decisions, for it afterwards repealed that feature of the law. I know that the 
 rebel officers impressed horses and provisions after that time up to the close of 
 the rebellion. 
 
 THE SUPPLY OF PROVISIONS IN GEORGIA IN 1864. 
 
 I mean to include, by the term "right around Andersonville," when speaking 
 of the fertility of the soil, within a mile or two around it. I did not make any 
 reinark applicable to any further extent of territory. 
 
 Q. You said something about the failure of efforts to send vegetables to John- 
 .son's army on account of want of transportation ? 
 
 '^i. No, sir. I said that it was a very disastrous season on vegetables ; that 
 numbers of them, about the month of September, rotted in the gardens, and 
 hecame offensive. I mean that they rotted when they were maturing. I travelled 
 pretty extensively through that country around, and I saw this thing in several 
 localities. I do not know whether sufficient vegetables could not have been 
 taken to Andersonville prison to have prevented the great mortality there. I 
 say this, that there might have been, with proper exertions, vegetables carried 
 there in sufficient quantities to have alleviated some of the sufferings among. 
 those prisoners. 
 
 TREATMENT OF THB DEAD. 
 
 I spoke of confederate and Union soldiers being buried in the same field, but 
 -not in the same part of the field. The grave yards were distinct. I only 
 know the manner in which they were buried from outside appearances. I saw 
 none buried. 
 
 THE PRISONERS PREVENTED FROM BUYING VEGETABLES. 
 
 The circulation of United States currency was prohibited in my State. The 
 Oonfedeiate States made an exception in favor of the government, I do not 
 know whether that exception was made in the case of prisoners at Andersonville. 
 The exception in the statute did not point out sources from which agents might 
 furnish themselves. Government agents might purchase for government account. 
 Military ofiicers were not allowed to purchase unless they had special authority. 
 
 Q. If I should show you a letter from General Winder, giving Captain Wirz 
 authority on that subject, would you say that that was an assumption on the 
 part of General Winder to attempt to regulate the matter ? 
 
 A. I do not know, because I do not know what General Winder's instruc- 
 tions were. 1 cannot say whether it would be a violation of the law ; it would 
 be a violation of the State law. That had no exception in it. The exception is 
 in the act of the confederate congress. 
 
 Q. Allowing government agents to purchase 1 
 
 A. No, sir ; it does not say that ; it says that the government may collect 
 supplies of that currency sufficient for its own purpose. It does not say 
 whether it is to be done through civil or through military officers. I am 
 not certain about the language. I speak from my impression. My impres- 
 ■sion and my recollecti>;n is that it gave this authority to the government, with- 
 out prescribing the particular method. Captain Wirz applied to me to arrest 
 certain men. It was in December, 1864, or January, 1865. One of them was 
 a man named Duncan — the same Duncan that has been in court. The charges 
 made against him were appropriating supplies that were sent there for the uae 
 of the prisoners — molasses, sacks, and grease. 
 
TRIAL OF HENRY WIRZ. 495 
 
 Q. Was not that application on tLe part of Captain Wirz made afrer a detec- 
 tive by the name of Wetherford had come there and investigated the circum- 
 stances ? 
 
 A. I think he spoke to me prior to "Wetherford's arrival. Wetherford went 
 there and made this discovery. My recollection is that Captain Wirz spoke to 
 me about it before Wetherford went there ; I know after he went there, Cap- 
 tain Wirz spoke to me abont it. 
 
 Q. But you are not certain about this fact — you give merely your impression. 
 
 A. It is an impression — a pretty strong one. A man named Humes was also 
 complained of. I do not know that he is a witness in this case. I have not 
 seen him here. I do not recollect any one else that was complained of in that 
 transaction. There was a man of the name of Dykes complained of in another 
 transaction, and also a man by the name of Briggs. It is not the same Dykes 
 we have been hearing about to-day. It is not that Dykes that was examined 
 here a day or two ago. Those are the only persons that I remember now that 
 were complained of 
 
 THE CREDIBILITY OF THE WITNESS, SAMUEL HALL. 
 
 I was a secessionist about the time this rebellion broke out and remained so 
 until the close of the rebellion. During the rebellion I did all that I could to 
 support the rebel government. Since I have been here I have not acted in the 
 capacity of a quasi-connsel for the accused. 
 
 Q. Have you ever given any opinion on the law, or on the facts of the case, 
 or suggested the proper defence to be made 1 
 
 A. I have been asked questions about it and have answered them. I have 
 been asked questions about the law. I have been to j\Ir. Baker's office ; not 
 frequently — three or four times. I went with him to the library of the Supreme 
 Court. I went to point out the decision of Judge Lumpkins to which I referred. 
 I am not retained in this case. 
 
 Mr. Baker to the judge advocate : Had you not better indict me 1 
 
 The President. Mr. Baker, you must not get up a conversation of this kind. 
 Do you make an objection 1 
 
 Mr. Baker. I do object to this kind of examination. I object for the pur- 
 pose of calling attention to this point. 
 
 The President. Are you sincere in your objection, or do you make it sim- 
 ply that you may make some remarks 1 
 
 Mr. Baker. I make nothing but serious objections. In the first place I ob- 
 ject to this as improper, because I have said nothing on this point in , my direct 
 examination, and the judge advocate has no right to call out anything in the 
 cross-examination which has not been alluded to in the direct examination. In the 
 next place, this is the first witness put upon the stand on the part of the prose- 
 cution whom there has been any efibrt made to reflect upon, and though many 
 witnesses have been produced for the prosecution, who, the court knows, were 
 open to reflections of that kind, not one sentence came from me reflecting upon 
 any of the witnesses in any way. 
 
 The Judge Advocate. The gentleman does not seem to understand the 
 status of witnesses as they come here for the prosecution or for the defence. The 
 gentleman says he did not attack the credibility of the rebel witnesses, and 
 therefore the government must not do it; whereas the gentleman knows very 
 well that the presumption is that those who were in sympathy with the South, 
 "Were also in sympathy with this defendant. That is the presumption; and on 
 ■'that the prosecutor has the right to attack, not the credibility, directly, but the 
 probability of the witness coloring this testimony one way or the other. So 
 far as disrespect of this witness is concerned, I think he may regard my ques- 
 .tions rather as an honor than otherwise ; and if the counsel produces v/ituesses 
 who were high in authority in the rebel government, he may expect severer criti- 
 
496 TRIAL OF HENKY WIRZ. 
 
 cism than that to which this witness has been subjected. I have the right to 
 ask this witne;ss whether he has committed a crime. I have the right to test 
 his credibility and his respectability; and I give the gentleman notice that, when 
 I deem it proper, I shall attack witnesses in that way. If the gentleman did 
 not do his duty in that particular, I am not responsible for it. 
 
 Mr. Baker. The judge advocate has the right to do anything of that kind; 
 but that must go to the credibility of the witness. When he comes to investi- 
 gate my character as counsel for this prisoner, I object to it, and say he has no 
 right to touch it. 
 
 The Judge Advocate. My question did not touch yon. 
 
 Mr. Baker. You should not a'sk this witness if he has been with me and has 
 been consulted upon law points in this defence. 
 
 The Judge Advocate. I do it to show his sympathy with this case. 
 
 Mr. Baker. No matter what sympathy he may have ; so long as the question 
 concerns his intercourse with me, that intercourse is sacred, and you have no 
 right to touch it. 
 
 The Judge Advocate. Your office must not be considered a sanctum sanc- 
 torum. 
 
 Mr. Bakkr. Everything connected with the counsel in the discharge of his 
 duty towards his client is sacred, and I appeal to the court to stop that kind of 
 examination . 
 
 The President. Every person knows that it is the custom among lawyers 
 to examine witnesses privately in advance of the regular examination, and the 
 court does not see that the counsel should take offence at the inquiries of the 
 judge advocate. 
 
 Mr. Baker. I object because there is so much lugged in there that has no 
 relevancy whatever to the case, except as it goes out and appears in the news- 
 papers, in some instances very unkindly put. 
 
 After deliberation, the objection was overruled. 
 
 By OouNSEi, : 
 
 Q. Have you in any way acted as counsel for Captain Wirz or adviser in 
 any way ? 
 
 A. 1 have not acted as counsel. I have not advised how his defence should 
 be shaped. I do not think I have intimated in any way anything about his 
 defence more than in conversation as a witness. 
 
 Q. In going to the library with me, was it anything more than to show me 
 a volume in which that decision is reported ? 
 
 A. That was all. 
 
 THE absence of CAPTAIN W18Z FROM ANDERSON VILLE IN THE SUMMER OF 
 
 1864. 
 
 I cannot fix the time when Captain Wirz was sick. I do not know how long 
 he was sick. I did not visit him. I saw him at the post; I think it was in the 
 middle of August, between that and the latter part. He had not recovered ; be 
 was recovering from his illness. I do not know that he was on duty then. I 
 saw him at the provost marshal's office. He was on horseback. He wore white 
 pantaloons ; he was in his shirt-sleeves ; he had a pistol belted around him. 
 
 SHOOTI\'r op PRISONERS BY THE GUARDS. 
 
 September 30, 1865. 
 W. D. Hammack, for the defence : 
 
 I live in Eandolph county, Georgia. I was in the confederate service in the 
 summer of 1864. I was in a detachment of the fifty-fifth Georgia. The regi- 
 ment had been captured and there was then formed a sort of detachment of the 
 
TEIAL OP HENRY WIRZ. 497 
 
 men who were not captured. Those that were not captured at Cumberland Gap 
 went to Andersonville ; about 75 men got there when we were first ordered to 
 report, and we kept recruiting up until there were about 200 men when we left. 
 I was on guard around the stockade twice. I went to Andersonville on the 14th 
 of February, 1864, and left on the 7th of April, 1865. I was over a year there. 
 I was detailed on the 9th of July, 1864, and reported to Captain Wirz next day. 
 
 Q. What were your duties before you were detailed and where were they 
 performed ? 
 
 A. I had been sick a portion of the time with bilious fever, and I was a por- 
 tion of the time on picket duty. That was the. biggest portion of the time. I 
 stood guard twice at the stockade before I was taken sick. I did not shoot 
 prisoners at Andersonville. I saw a man who was shot, but I did not see him 
 shot ; I saw him directly afterwards. I have seen other men shot besides that 
 one. I heard of it and I saw the men. Captain Wirz never ordered me t"b 
 shoot prisoners, nor did he ever promise me or give me a furlough for shooting 
 a prisoner. When I first went there prisoners prepared to undermine the 
 stockade one night before the dead-line was established. I did not go out. I 
 was sick in my tent; but I know that my regiment went out (To the court.) 
 I went there in February, when the stockade was about two-thirds completed. 
 Some prisoners got there about the 20th of February. I do not know how long 
 after I got there that this occurred ; I suppose it was three or four weeks. That 
 is the only instance I ever knew of. The establishment of the dead-line did not 
 have anything to do with that breaking out, because it was not put up at that time. 
 I do not know how. long afterwards it was put up ; it was probably three or four 
 weeks after that time that the dead-line was put up. When we had orders Cap- 
 tain Wirz would order us to read them to the nineties inside the stockade; 
 sometimes we would give them to the sergeant of the ninety to read, and if we 
 had enough, we would give each division a copy. All orders connected with 
 the prison were published in there. I did not know anything about any orders 
 being given in relation to particular parts of the stockade. I never received any 
 orders or directions in regard -to the stockade — if it was broken down in certain 
 places. No such orders were given to the sergeants generally that I know of. 
 There was a general order there that prisoners should not cross the dead-line. 
 
 Q. Were certain portions of tire stockade supposed to be weak, and were there 
 any orders in relation to them, that they should be guarded more particularly 
 than other portions ? 
 
 A. No, sir. The weakest portion of the stockade was where the brook runs 
 through it, I suppose. It did not wash down where the brook runs through it. 
 It washed down above where the brook runs through it between that and the 
 north gate. This was in June, I suppose. I know that a portion of the stockade 
 was washed down. It was only on one side. It was on what I call the north 
 side — the side where the brook runs in. I never went below the stockade, and 
 if it was washed down below I did not know it. The soldiers in camp would 
 fire off their guns a good deal at night, because there was a positive order for- 
 bidding them from firing off their guns, and they would take advantage of the 
 night when they could not be arrested. There was an order to arrest men for 
 firing off their guns. 
 Q. Was it or was it not done to a cpjjsiderable extent ? 
 A. Eight smart. I have seen some wounded prisoners arrive there — those 
 that I spoke about being sent to the hospital. They had gunshot wounds, I 
 suppose. I saw no sick emaciated, or anything of that kind. I do not know 
 how many wounded there were in the squad that arrived at that time. There 
 might have been fifty or a hundred, or may be two or three hundred. I do not 
 know how many. 
 
 H. Ex. Doc. 23 32 
 
498 ' TRIAL OF HENRY WIRZ. 
 
 STOPPAGE OF RATIONS. 
 
 I received orders to report to Captain Wirz for duty on the evening of th 
 9th of July. He assigned me to call the roll inside the stockade. I continue 
 on that duty until the prisoners left to go to Millen. My instructions were t 
 call the roll and have every man present at the roll-call. This was in the firs 
 organization of the camp. There were ninety men in a mess, and three ninetie 
 constituted a division. Each ninety had a sergeant, a Union soldier. It wa 
 his duty to have all his men at roll-call by the time that I got in to attend t 
 the roll-call. If he had all the men there I would just count them. Our ir 
 structions from Captain Wirz were to call the roll, but I could not pronounc 
 the names of so many. I merely counted the men. At that time the stockad 
 was badly crowded, so there was only a small streak to fall in. If all the me: 
 of a certain squad were not present the sergeant of that squad could hold up hi 
 hand and motion to another sergeant, who would let some of his men fall in. 
 did not know the men. 
 
 Q. Was that the way they managed? 
 
 A. They did manage in that way right smart, but sometimes we would catcl 
 them at it, and 
 
 The Judge Advocate. And what? 
 
 Witness. I never did anything to any of them, but I have known some of then 
 to be put in the stocks for it. Sometimes a sergeant whom I knew would tell m 
 that one of his men was sick in one portion of the stockade and one sick ii 
 another, and so on, and that those men would make his number right. I wouli 
 take his word for it. The duty of the federal sergeant was after roll-call to tak 
 their sick out to the south gate to sick-call. If any died inside of the stockad 
 it was their duty to have men detailed from their ninety to take them out. I 
 was their fault if they were not taken out. Some made their escape when thi 
 sergeant reported them as sick, and were gone for a few days, but we found i 
 out generally in the course of three or four days. The sergeants could havi 
 reported them right along in the way I have mentioned. I would keep thi 
 squad waiting sometimes five minutes and sometimes no longer than I couli 
 count them. As soon as the number was ascertained to be correct I would dis 
 miss them, except the camp was going to be organized. They reoi'ganized th 
 camp twice, I think, before they moved the prisoners to Millen, and then thi 
 order was for the men to stand in the ranks at the place where they answere( 
 the roll-call until the whole stockade was called over. That was reorganizing 
 That occurred twice, I think, from the time I went there until they were sen 
 to Millen. I think no more. Our orders were that if their number was not coi 
 rect, and the serj^eant could not account for them, we were to just go along an( 
 leave them standing there until they got correct ; until they were correct. I di( 
 not keep them standing ever after they were reported correct by their sergeant 
 I don't know what other sergeants did. I know I did not. I called the roll 
 of six divisions, and there were three nineties in each division — eighteen nine 
 ties altogether. 
 
 I Q. Did you ever, of your own knowledge, know squads to be deprived o 
 their rations when they reported their number as correct ? 
 
 A. Well, that was the order. I don't know that I ever knew of any squai 
 that lost any rations on account of any men that were not present. The orde 
 was that if they could not account for the men they would lose their rations 
 The reason for the order of roll-call was to make out a report by which to issn 
 rations, I suppose, and to see that the men were all there. No other reason tha 
 I know of. Prisoners have drawn rations in two or three squads. They wer 
 called "flankers." They would manage it in this way: They would answe 
 in two or three different divisions at roll-call, and they would get rations when 
 ever they answered to their names, until they were caught at it. If the pi'is 
 
TRIAL OF HENRY WIRZ. 499 
 
 oners had to wait any length of time they were allowed to sit down during roll- 
 call. Captain Wirz never went into the stockade while I was on duty under 
 him, to my knowledge, to call the roll. The sergeants inside the stockade had , 
 navy revolvers. They did not carry muskets or anything of that kind. ^ 
 
 TREATMKNT OF THE SICK. 
 
 I always supposed that the sergeants inside the stockade attended to finding 
 the sick and the dead, and took them out if they were not able to go themselves 
 to sick-call, thoughl have seen sergeants that would not take their sick to sick- 
 call. 
 
 Q. When they carried their sick down what was the rule or practice in regard 
 to those who were most dangerously sick ? 
 
 A. There was no rule about it; they all went together; those that were 
 sickest went along like the balance. It was the duty of the sergeants of the 
 nineties to take those who were not accepted by the doctor back into the stockade. 
 They did get medicine for awhile ; they would be prescribed for ; they would 
 be taken to sick-call in the morning and they would get medicines in the evening. 
 
 Q. Where were the newly-arrived sick sent ? Into the hospital or the 
 stockade ? 
 
 A. There were some wounded men sent into the hospital, and then some who 
 were sent into the stockade. I think the sick were generally all sent into the 
 stockade first, with the exception of those who were wounded. A good many 
 came down there wounded. I do not know what was the reason of it. I know 
 that they could not be sent to the hospital until they were examined by the sur- 
 geons, and there would have to be a special order for the surgeons to examine 
 them before they could go into the hospital. 
 
 Q. Was that the reason why they were sent into the stockade first ? 
 
 A. 1 suppose so. 
 
 The Judge Advocate. You need not give any of your suppositions. 
 
 There were no nurses in the stockade when I was on duty there. 
 
 Q. Connected with the stockade or hospital ? 
 
 A. I do not know anything about it. 
 
 Q. Do you know anything about nurses in the hospital going after pine straw, 
 wood, poles, or anything of that kind, for the hospital ? 
 
 A. I did not have anything to do with the hospital. If such a thing had hap- 
 pened I would not have known of it. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS, 
 
 I know that some men who were called " Stoneman's raiders'' were searched, 
 and one squad before that. I don't know where they came from; their knap- 
 sacks were taken from them ; I think there were about 170 knapsacks. I never 
 received any orders from Captain Wirz to take away any man's blanket, cloth- 
 ing, or anything of that kind, or to deprive a man of any other comfort that he 
 had, unless they were " Stoneman's raiders." The order was to take away from 
 them everything we supposed they had taken away from citizens in passing 
 through the country. We had no orders to take away anything that was their 
 own or United States government property, with the exception of money. We 
 had orders to take their money away from them ; nothing else that belonged 
 to the prisoners. I never knew of anything else being taken away from them. 
 We took the money and such things as we supposed they had taken from the 
 citizens in passing through the country — knives and forks and spoons. I have 
 seen a great many of those things taken away from them. I think there were 
 some daguerreotypes taken ; I don't know how many. They were generally 
 silver forks and spoons. The things taken away from these men were put in a 
 large box and put on a wagon, and, I suppose, carried to the quartermaster. I 
 
500 TEIAL OF HENEY WIRZ. 
 
 never saw Captain Wirz search any one. I understood the orders to search 
 " Stoneman's raiders" came from General Winder. I was present when the 
 prisoners came in to some extent. Stoneman's men were searched at what we 
 call Oastle Reed. That was hetween the branch and the depot. I suppose it 
 was some 350 or 400 yards from Captain Wirz's headc[uarters. They were not 
 searched near any quarters. The confederate guard-house was Castle Reed. 
 They had watches in the stockade, and I suppose they could tell the time. I 
 have seen a good many watches in there ; I do not know how many I ever 
 saw. I cannot say whether the prisoners generally had them. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 The sergeants of the squads inside were elected just like captains are elected, 
 by their own men. They had a chief of police in there. The men themselves 
 elected him. They elected their police just as they would any other civil offi- 
 cer. The duty of the police inside was to keep the camp clean. I cannot say 
 whether they could have done it or not. I understood that these policemen and 
 the others who were elected got double rations. 
 
 THE PRISONERS PREVENTED FROM BUYING VEGETABLES. 
 
 I frequently took provisions and clothing and money into the stockade- 
 There was an order prohibiting it, though, and whenever I carried in anything 
 I would have to put it in my coat-pockets ; I would have to conceal it. I was 
 not allowed to take in anything. I was sergeant at the gate for a long time, 
 after the prisoners went off to Millen, and when there were, I suppose, between 
 five and seven thousand left. Very frequently they would come to me with 
 blankets to carry in and I would let them hand them in, but there was an order 
 prohibiting it, unless they got an order from Captain Wirz. 
 
 Q. Were you ever sent by Captain Wirz to carry them in, and did you take 
 receipts ? 
 
 A. Yes, sir; there were receipts taken; we only took receipts for money. 
 When I took in provisions or clothing to any men I never took any receipts for 
 them. The order was for any person who wanted to see Captain Wirz to drop 
 a note in the lettex'-box, and it would go up through a regular channel and be 
 examined by his clerks, and if his clerks thought it of any importance they 
 would keep it and show it to him, and then the man would be granted an op- 
 portunity of seeing him. It was done to some extent. 
 
 THE SUPPLY OF WOOD. 
 
 \ The wood guard complained about having to do so much duty; they said they 
 were on every other night and every day. They would quarrel about it and go 
 out in the woods and lie down and stay out there ; they would take the prisoners 
 along and all lie down together. As many squads went out for wood as we 
 could get guards for. The order was for one man to take charge of three pris- 
 oners. 
 
 CONDITION OF THE WATER. 
 
 Forty-four shovels were given to the chief of police there when there were 
 only between five and seven thousand prisoners there, and he was to give them 
 to the sergeants of the hundreds. The last time the stockade was organized 
 the prisoners were organized into hundreds, five hundred constituting a division. 
 They kept the shovels, and they did not return them to some extent. Some- 
 times we could not get them all out at night. The order then was not to le|; 
 those that were got out go in any more till they returned those that had been 
 kept in over night. They might dig tunnels or they might dig wells with those 
 shovels that they kept back. 
 
TRIAL OF HENKY WIRZ. 501 
 
 Q. (By the Judge Advocate :) Are you stating what you know 1 
 
 A. No, sir. 
 
 There were a good many wells in the stockade. There were some pre- 
 tended wells dug for the purpose of getting out. They would dig down some 
 ten or fifteen or perhaps twenty-five feet like a well, and at the hottom they 
 would make a tunnel out of it ; they would use it for a tunnel instead of a well. 
 They were not to my knowledge prevented from having shovels frequently 
 on that account, because they were digging tunnels with them. I had control 
 or charge of the axes and shovels for the prisoners when I was at the gate ; 
 perhaps one month, or it might have been longer. In the morning we would 
 let them go into the stockade, and would get them out in the evening and set 
 them out by the gate, until the guard stole all our axes ; they stole all that we 
 had. ' We had a place to lock them up for awhile, but we lost the lock ; I don't 
 know what became of it ; and they got hold of our axes. The guard got them. 
 
 Q. (By the Judge AuvooATE :) The rebel guard T 
 
 A. The rebel guard. The sentinels around the stockade, I judge. 
 
 Q. (By the Judge Advocate :) Do you know anything about that? 
 
 A. I know that the axes were gone. 
 
 It was a long while before axes and shovels were sent to the stockade. I 
 don't know whether they could get them or whether they could not. I don't 
 know whether Captain Wirz made exertions for that purpose. 
 
 Q. What do you know about your guard being supplied with axes and tools 1 
 
 A. If they ever drew any from the quartermaster I did not know it. 
 
 The Judge Advocate objected to the mode of examination. It was clearly 
 cross-examination, not direct. Almost invariably suggestions were made to the 
 witpess, to which he was expected to reply. 
 
 Mr. Baker. I merely indicate to the witness the subject about which he is to 
 testify. 
 
 The President, (to Mr. Baker.) Of the fact of your cross-examining this 
 witness on Saturday there can be no question or dispute. A mere reference to 
 the record must satisfy any one that that was improper in a lawyer. Counsel 
 must know that as well as the court. There are certain cases in which leading 
 questions may be put to an unwilling witness, and in such cases the court will 
 allow a fair latitude. But the necessities of this case, the question of time, and 
 the great expense of this trial to the government, require the court to rule down 
 counsel to a strick compliance with the law. 
 
 Mr. Baker. That I intend to observe. 
 
 The President. The court hopes that you will. 
 
 Mr. Bakes. I intend to confine my witnesses right to the point. That is the 
 reason why I ask questions that suggest the subject, not the answers. 
 
 Q. Do you know anything about the depriving of prisoners of axes by your 
 own guards ? 
 
 A. I know axes were taken away from the gate by the guards 
 
 THE STOCKS. 
 
 Q. For what offences, so far as you know, were men put into the stocks ? 
 
 A. I understood 
 
 The Judge Advocate. State what you know. 
 
 Witness. Well, I don't know. I saw one pair of handcuffs there. Those 
 were on the gate. That is the only pair I saw, with the exception of a pair that 
 Wetherford had. Those were for himself; he always carried them in his pocket. 
 He was a detective. I have seen the stocks standing empty for some length of 
 time ; I cannot say how long. , 
 
502 TRIAL OF HENRY WIRZ. 
 
 THE DOGS. 
 
 I never saw or knew of Captain Wirz going with the hounds at any time. I 
 never saw the dogs sent after confederate soldiers. Turner had a pack of dogs 
 at the post and there was a pack in the country ; I have seen those hounds, hut 
 I do not think they belonged to the post. Those dogs of Turner's were com- 
 mon fox dogs. I suppose I never knew anything about a man who had been bit- 
 ten by dogs dying at Captain Wirz's headquarters. I never heard of such a 
 thing; not while I was at Andersonville. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 Captain Wirz's horse was a gray mare ; I never saw him ride a sorrel or roan 
 horse I never knew of such a horse belonging to him being about his quarters, 
 not of his. Captain Wirz generally wore in the summer months a white pair 
 of pants and a round coat; I suppose that it was a coat that he got in the regi- 
 ment while he was a private or sergeant or something ; it looked as if it had been 
 a government coat; it had gold lace on the sleeves and stripes on the collar; 
 ■when he got to camp he would generally pull that off, or when he got to his 
 headquarters. He would generally have on then white pants, and I don't know 
 the color of his vest. He would always pull off his coat ; he would not be in 
 his shirt sleeves ; I think he always wore a vest. Other persons rode his old 
 gray mare. I think there were three that rode her i-ight smart. They were 
 Lieutenant Allman, a fellow by the name of Smith, and one by the name of 
 Stafford. By "right smart" 1 mean two or three times a day. I don't think 
 anybody could get his horse when he was not there, unless it was Lieutenant 
 Allman. I don't know about it. 
 
 Q. Did you ever know about Turner and some of the sergeants riding that 
 mare ? 
 
 A. Yes, sir; Turner rode her. 
 
 Q. (By the Judge Advocate :) Did you say the sergeants rode her also ? 
 
 A. Smith and Stafford were sergeants and they rode her. 
 
 Q. Had or had not Captain Wirz diiSculty for a while in getting on his horse ? 
 
 A. I don't remember whether it was just before Davis took command or just 
 after Captain Wirz came back, but he was very weak and we would help him 
 on his horse of evenings when he would start ; we would get him on a chaii' 
 and then help him on his horse. I don't remember whether it was just before 
 or just after Davis took command. 
 
 ' I never knew Captain Wirz to shoot or beat a prisoner so that he died while 
 I was there. I never heard of it while I was at Andersonville. 
 
 THE ADSENCE of CAPTAIN WIRZ FROM ANDBBSO.WILLB IN THE SUMMER OF 
 
 1S64. 
 
 V I know something about Captain Wirz being absent for a time. He left there 
 some time about the last of July ; Davis took command some time about the last 
 of July, and Captain Wirz did not return till perhaps the last of August ; I 
 \jyfill not be positive about the dates ; it was the last of July, though, that Davis 
 took command — I think about the last days of July. I saw Captain Wirz in 
 September ; he looked feeble and bad. He was in a feeble condition before he 
 gave up as sick. I saw him at his headquarters frequently. He would sit up 
 and attend to his business, and then he had a cot there on which he would lie 
 down ; he would lie there some time and then perhaps he would get up and pro- 
 ceed with his business. When he first returned to the stockade after his illness 
 and the prisoners were being removed in September he would sit in a chair and 
 let the prisoners march along, keeping their files dressed so that he could count 
 them ; he would sit out in front of his office and count them as they woul4 
 
TKIAL OP HENRY WIRZ. 503 
 
 march by. He would go home in the evening; by evening, I suppose, I mean 
 what you call afternoon here. He would go off about four o'clock. Prisoners 
 would leave after he went away. He came and went in an ambulance for a 
 while. I think it was in September; I cannot say for how long a time ; I don't 
 remember. I reckon it was one or two weeks. 
 
 THE PUNISHMENTS OF THB CONFEDBUATE SOLDIERS AND THE FEDERAL PRIS- 
 ONERS COMPARED, 
 
 Q.What can you say about the punishment of your own men there ? 
 
 A. I never had a man punished except one. 
 
 Mr. Baker. I mean the confederate soldiers. 
 
 A. They punished them like they did the Union soldiers. 
 
 Q. State in what way. 
 
 A. They would put them in the stocks ; they would put balls and chains on 
 them, and they would cut a hole in the head of a barrel and put that over their, 
 heads ; of course they would have to wear it. — ' 
 
 ACTS OK CRUELTY COMMITTED BY WIRZ. 
 
 Q. What was the reason for newly arrived prisoners not being allowed to 
 leave the ranks ? 
 
 The Judge Advocate. It is impossible for him to know anything about that. 
 
 The question was withdrawn. 
 
 They were not allowed to leave the ranks ; I do not know any reason for 
 their not being allowed to do so. I know that there was an order that they 
 should stay in the ranks, so that their names could be taken correctly. That is 
 all I know about it. Some of the guards might take their canteens or buckets, 
 if they had any, and go to the spring or well and fetch so ne water for the pris- 
 oners. I have seen this done ; I cannot say whether it was done frequently or 
 otherwise. I have never noticed its being done very often; if one of the guards 
 would volunteer to go himself, I do not think anybody would object to it. 
 
 PRISONERS WHIPPED BY WIRZ's ORDER. 
 
 I heard that a colored mm named Hawkins was whipped there ; I did not 
 see it. 
 
 TRADING BETWEEN THE CONFEDERATE TROOPS AND THE PRISONERS. 
 
 The confederate soldiers did trade with federal prisoners. They would buy 
 anything the prisoners had to sell ; they would buy what the government calls 
 overcoats, pants, shoes, boots, hats ; everything the prisoners had. It was car- 
 ried on to a right smart extent. Some supplies of shoes or clothing for the con- 
 federate soldiers came th;ire, I think along in the first part of January, 1865. I 
 got a suit at that time ; it was some time in January, I think. I saw no other 
 confederate clothing that was distributed that I know of. I know of others of 
 our own soldiers receiving them besides myself. 
 
 THE SUPPLIES FROM THE NORTH, 
 
 There were some sanitary goods that came there ; I do not know what time 
 it was. It was some time in the fall of 1864, or in the spring of 1865. I do not 
 know how many boxes there were; I do not know how many I saw. I know 
 some came. The paroled prisoners got, I think, a suit apiece. 
 
 Gioss-examined by the Judge Advocate : 
 
 I went to Andersonville on the 4th Tebruary, 1864 ; I reported to Captain 
 Wirz on the 10th of July. 
 
 Q. What did you do up to that time? 
 
504 TEIAL OF HENRY WIRZ. 
 
 A. I bad been on picket, duty a portion of the time, and tben I bad bilious 
 fever, and I have been on duty around the stockade twice. I was never on duty 
 as guard but twice around the stockade, and that was before the 10th of July. 
 
 Q. Then you know nothing except from what you saw as a guard twice up 
 to that lime 1 
 
 A. Yes, sir; I would very frequently go and get up on the stoops, after the 
 stoops were put up, and look over into the stockade and go around the stockade. 
 I was sick about a month, I believe ; I think it was in April ; I was taken 
 sick about the middle of April and it lasted till some time in June. I did not 
 frequent Captain Wirz's headquarters till I reported there. I do not know what 
 was going on there or about there up to that time. I do not know what he was 
 doing up to the 10th of July ; I do not know what the orders were up to that 
 time, only those that I saw published — general orders, such as the one prohib- 
 iting sentinels trading with prisoners, and so on. I believe that is the only 
 order. That is all I know about the orders up to the 10th of July. I do not 
 pretend to know anything about the discipline of the prison and the manner in 
 which matters were conducted there up to the 10th of July. All I have stated 
 here, all the facts I claim to be in possession of, came to my knowledge after the 
 10th of July, with the exception of some few instances. One was when it was 
 repnrted the stockade was going to be dug down. I know our regiment was 
 turned out that evening ; I have been up on the stoops before the time I reported 
 to Captain Wirz, and looked over in the stockade and saw the prisoners and 
 how things were going on. I did not see Captain Wirz at any time when I was 
 up on those stoops. I have no knowledge in regard to him and his doings; I 
 did not know what he was doing until I was assigned to duty. 
 
 SHOOTING OK PRISONERS BY THE GUARDS. 
 
 I never shot a prisoner of war or saw one shot ; I never saw any of the sen- 
 tries .fire when I was up on the stoops; I heard the report of guns very fre- 
 quently ; I cannot say whether from the stockade or from around the post. I 
 know they were fired about the post. 
 
 Q. You say you have known frequent occasions when prisoners of war had 
 been brought out of the stockade who had been shot 1 
 
 A. No, I do not say I knew it frequently ; I have seen, I think, four or five 
 fetched out of the stockade, to the best of my knowledge. 
 
 That was from the time I went there till the time I left — during the whole of 
 my stay there. I saw four or five during my whole stay there ; I do not know 
 fwhether others were shot or not. Captain Wirz never gave me orders to shoot 
 a man. He gave general instructions to the guards if any prisoners crossed the 
 dead-line to shoot them ; it was a general order. I cannot say who the order 
 came from ; I think his name was to it, and also the name of the commanding 
 officer of the post. To the best of my knowledge the dead-line was established 
 three weeks after the first breaking out was attempted. It did not follow imme- 
 nliately ; I do not recollect the stockade breaking down at the brook ; I know it 
 broke down on the hill between the brook and the north gate. That is the only 
 time I know of the stockade having been broken down; I never heard of sol- 
 diers procuring furloughs for shooting Union prisoners. The first thing I ever 
 heard about it was when Furlow's battalion came there. I heard some of their 
 men speaking aboutit. Then it got into the reserve regiments — that if aman shot 
 a federal prisoner he would get a thirty days' furlough But I do not think any 
 man could say where the report started from. I do not think it could be traced 
 back. I do not know anything at all about the fact, only what I heard men 
 say. I was not on duty in the adjutant's office; I don't know how our men 
 got furloughs if they got any ; I did not see the applications. I do not know 
 anything about them officially. 
 
TEIAL OF HENRY WIEZ. 505 
 
 STOPPAGE OP RATIONS. 
 
 Sometimes my duty as roll-caller vyould take longer than at other times ; 
 sometimes I would go in the stockade of a morning, I think at about nine o'clock 
 and get out by eleven, and I would call all my rolls in that length of time. Up 
 to nine o'clock I would just lie around in my quarters. My quarters were close 
 to Captain Wirz's headquarters; I suppose some fifteen or twenty yards. 
 When I was lying around my quarters 1 did not pretend to observe what was 
 going on outside, unless some excitement got up and I would run out to see 
 what it wag about. After I came out of the stockade at eleven o'clock, I would 
 carry my books into his office and make my reports and then go back to my 
 quarters. 
 
 Q. You were liberated after you had performed your duty, were you? 
 
 A. Well, we could not leave without we got a j^ass from Captain Wirz to go 
 to the depot ; he required us to have a pass from him. I had noother duties to 
 perform unless, perhaps, be wanted me to fetch a man out of the stockade or 
 carry one in, I was not in the habit of staying in his office ; after I had come 
 out of the stockade and made my report, I would go to my quarters. My 
 observation was confined to what passed between 9 and 11 o'clock, and the time 
 I would be passing about like any other soldier ; I never did stay much in my 
 quarters because they were not very comfortable. I took the word of the ser- 
 geants of nineties for the presence of their men. I did not always take their 
 word for it ; I would sometimes, when it was a man I could trust and had great 
 confidence in. He would tell me his men were all right, and I would mark it 
 so and go along ; and I knew they were sometimes making false reports. I did 
 that to save myself labor and trouble, because it was a disagreeable place in there. 
 What made it so disagreeable was so many men being crowded in together, and 
 it was very warm. I always wanted to get out as soon as possible ; I think I 
 did my duty well. I never lost a man excepting one fellow by the name of 
 Streeter ; he got out and was gone three or four days before I found it out. I 
 have no complaint to make of the conduct of federal prisoners. I never missed 
 only that man Streeter. He was the only man that ever left my squads to my 
 knowledge. I do not think any of the rest ever got out but him. I cannot 
 give you any other reason why it was a disagreeable place, with the exception 
 of the men being cro.wded in so thick, and there being no shade. I do not think 
 it was offensive; it might have been offensive to a sick man. I think that to a 
 well man it was not offensive I did not know it if I smelt that prison half a 
 mile or three-quarters of a mile off. I have beard the soldiers complain that it 
 was offensive ; I know that down at the branch it smelt bad ; it was a mighty 
 filthy place. I could not smell it where my squads were ; if I smelt it I did 
 not know it. I do not say that it was a cleanly place. I always tried to get 
 out of there as quick as possible. I say that where my men were it was not 
 offensive. I suppose that to many men the inside of the stockade would be 
 offensive to be so packed and crowded. I do not say it was not offensive. I 
 say it would be offensive to anybody to be packed in there. The nineties had 
 to stand up until the roll-call was completed ; sometimes it was completed in 
 less than five minutes. I do not suppose they would ever have to stand more 
 than five minutes. 
 
 Q. Then how did you happen to be there from nine till eleven ? 
 
 A. Going around ; I had so many squads to go to, and then I would get 
 talking to the men. I never kept my squads standing for two hours. 
 
 Q. Then you did not carry out the orders of Captain Wirz-i-his orders were 
 to keep them standing till all were counted ? 
 
 A. 1 never did until the reorganization of the stockade. When the stockade 
 was reorganized they might have stood for two hours, but they were not com- 
 pelled to stand in ranks the whole time ; they could sit down on the ground. 
 
506 TRIAL OF HENEY WIEZ. 
 
 I allowed the men to sit down. We disregarded the order which required 
 them to stand up, and got along all right. I did not see that it made any 
 diflference. The men could sit down if they had to stay there a long time. I do 
 not think that I said the rations were never stopped. I said that none of my 
 squad ever lost their rations, to the best of my knowledge. I did not have 
 anything to do with delivering the rations to them ; I said I did not know that 
 the prisoners did not lose their rations. I said so as to my own squad. I did not 
 tell the court that the rations were never stopped in the stockade. I do not 
 know how often they were stopped. I would say two or three times. I cannot 
 say when. I cannot say whether it was after July. It was after I was on 
 duty. I do not think that the rations of the whole camp were stopped. Some- 
 times the rations of one squad would be stopped, and sometimes of three or four 
 squads — I don't recollect particularly. There were different occasions of stop- 
 ping the rations — sometimes one thing and sometimes another. 
 
 Q. When one man in a squad or division would commit an offence, would not 
 the whole squad or division have to suffer for it ? 
 
 A. It seems to me that there was one man who had reported something about 
 a tunnel. They took and shaved one side of his head and of his whiskers, and 
 Captain Wirz told the men that that division of 90 could not have any rations 
 until they produced the man who shaved this man's head. I do not think they 
 suffered long in that way, because the man gave himself up and acknowledged 
 it. I cannot say if that is the only time I know of the rations being stopped. 
 I think it was not a frequent occurrence. If so it was more than I know, and 
 I think I would have been more than likely to know it if it occurred. If they 
 had been stopped more than half a dozen times I would have known it. I do 
 not think they were stopped as often as half a dozen times. One man would 
 sometimes draw two or three rations ; a flanker could flank out from one division 
 into another, answering the roll in each, and drawing rations in each. I do not 
 know what it was done for. They called these men " flankers." They had 
 some purpose in doing so, I suppose, but I do not know what the motive was. 
 I do not know what Captain Wirz did inside the stockade when I was not with 
 him. I do not pretend to say that I know anything about it. I was not inside 
 the stockade till after the 10th of July. Captain Wirz never went inside to call 
 the roll after the 8th of June to my knowledge. If I said June I meant July. 
 I do not pretend to say anything except from my own knowledge. I do not 
 pretend to know what Captain Wirz did except when I saw him. I do not say 
 that I know all that occurred at his headquarters or about the stockade in 
 reference to the discipline of that prison. 
 
 TRBATME.N'T OF THE SICK. 
 
 It was the duty of the sergeants to take the sick to the gate, and some of them 
 did it, but I have seen men lying in the stockade who would tell me that their 
 sergeants would not take them out. I know it of my own observation. I 
 inspected no division but my own. I do not know anything that transpired in 
 other divisions, only that I would see men lying down, who would tell me that 
 their sergeants would not take them out. Men were detailed from the nineties 
 to take the sick men out. They did not go to sick-call till roll-call was over. 
 
 Q. Then they did not go there until after eleven o'clock? 
 
 A. Well, we would commence the roll-call at nine o'clock, and as soon as we 
 got through with a squad, the sick of that squad could go out. But many were 
 not taken there until after eleven o'clock, and they were sick. I cannot say 
 how long the sick-call lasted ; it Listed I think until the prisoners left and went 
 to Millen. It would commence a little while after nine and continue till they 
 got through, I reckon. I was not instructed about it. It is all supposition oa 
 my part. My division was in the north part of the stockade. I went in at the 
 
TEIAL OF IIENEY WIRZ. 507 
 
 south gate, and crossed the branch inside the stockade, and went up to the north 
 side, the same way the prisoners had to come down to sick-call. I performed 
 no duty except that connected with my division ; I was not required to bother 
 about any one else's division but mine. I do not know how long sick-call 
 lasted. 
 
 THE STOCKS. 
 
 I was never instrumental in the punishment of any prisoner but one sergeant 
 of the 61st detachment 3d mess. I was ordered to put him in the stocks. It 
 was about the escape of this fellow Streeter. He was not punished on my 
 report ; he reported to me ; he did not know that Streeter was gone, and I did 
 not know it. Ireported him. The first thing we knew about it this man Streeter 
 was fetched back outside the stockade. Some citizens had brought him in and 
 he told what detachment he belonged to ; Captain Wirz called me up and 
 wanted to know what sort of a roll-call we had. I told him we did the best we 
 could. He abused me and told me to get this sergeant and fetch him out and 
 put him in the stocks. I went in and told the sergeant and he said he could 
 not blame me about it. He was ordered to be put in the stocks for twenty-four 
 hours. , I put him in the stocks and in about two hours I went around there 
 and took him out again, because I knew that he could not help it and that I was 
 as much to blame as he was. This fellow Streeter had escaped before ; I let him 
 out of the stocks, because I thought that I was as much responsible as he was_ 
 
 Q. That is your opinion in regard to punishments of that kind ? 
 
 A. I cannot say that as to all such cases. I released him because I thought 
 I was to blame as much as he was. Streeter was a fellow whom I had favored 
 right smart. He staid in the sutler's tent, and he had promised me faithfully 
 never to make any more attempts to escape. He did escape, and I thought my- 
 self to blame, and after I had put the sergeant in the stocks I went and took 
 him out, Captain Wirz being away at the time. That was the only instance of 
 any punishment being inflicted in my division from the 10th of July till Febru- 
 ary. I do not know whether the man was put in the stocks or put into the 
 stockade again. None of my division were punished during that time to my 
 . knowledge. If I had seen them I would have known it ; what I did not see I_ 
 know nothing about. It was in the power of Captain Wirz to punish them • , 
 without my knowing it, and he might have punished some men in the hospital. I ' 
 The men in the hospital belonged to divisions inside the stockade. He had con- 
 trol of them ; he might have punished them in the stockade, but not without my 
 knowing it. * I did not always go in the stockade with him. He would fre- 
 quently go in the stockade. I do not think he could have jiunished them in 
 the stockade without my knowing it, because the prisoners would have said 
 something about it to me. They would have told me something about it, I 
 suppose. 
 
 ACTS OF CRUELTY COMMITTED BY WIRZ. 
 
 Captain Wirz never shot or beat or kicked a prisoner of war while I was on , 
 duty there to my knowledge. I have not told any person since I have been a 
 witness in Washington, that I have seen him kick and abuse prisoners of war. 
 I have said that I have seen him take hold of men like any officer would, when 
 the men were standing in full ranks, and draw them to their places if they were 
 not exactly right. He generally spoke short to them. He did not speak kindly 
 to anybody ; he always spoke short. He (vas very profane, one of the profanest 
 men I ever saw. He had a very severe temper. I never saw him mistreat a 
 prisoner of war, unless you call it mistreating to take hold of a man and draw 
 him up to his place. I am not positive that he cursed him at the same time, 
 but it is more than likely he did, because that was his natural style of conver- 
 
508 TRIAL OF HENRY WIRZ. 
 
 sation. I saw men in the stocks. I saw them wearing ball and chain. I do 
 not think I ever saw anything else of the kind. I never saw men tied up by 
 jthe thumbs ; I never saw them whipped. 
 
 Q. You say that when prisoners arrived they were not allowed to leave the 
 ranks ; were you present at these times ? 
 
 A. Yes ; when they first came, their names would have to be taken. That 
 was not my duty ; there were clerks who used to take the names. 1 had 
 nothing to do with them except as an observer and to help count the men off. 
 Captain Wirz always required us to be present and help at that. I did not say 
 anything about the sergeants being allowed to go for water for the prisoners if 
 they asked him. If a prisoner asked a guard to fetch him a pail or a canteen 
 of water, nobody would object to his doing so. I never knew of anybody ob- 
 jecting to it. There were more guards there than would be on duty at a time. 
 The guards got somewhat acquainted with the prisoners and would do them 
 some favors. I never knew Captain Wirz to abuse prisoners of war. I never 
 saw him maltreat them in any way, unless you could call pulling a man into his 
 place maltreating him. I have seen a pistol in his hand a good many times. I 
 do not know that I ever saw him draw it ; I know he would draw it for a whole 
 squad, and would threaten to shoot them if they did not do so and so ; but I 
 do not think I ever saw him draw it on one man. After arriving, prisoners' 
 names were taken ; they were sent into the stockade, all of them, so far as I 
 know. I do not think I ever saw it otherwise. Sick or wounded men were not 
 sent to the hospital unless there was a doctor present to examine them. There 
 were some sick men who were not sent into the stockade; but the rule was, 
 when prisoners came in from a train and were counted, that they were always 
 sent into the stockade. 
 
 By the Court : 
 
 Q. Did any register come with the different squads of pnsoners who arrived 
 there ? 
 
 A. I think that some few registers did come, but it was nothing like a gene- 
 ral thing — only occasionally. 
 
 THK PRISONERS PREVENTED FROM BUYING VEGETABLES. 
 
 Q. You say you were ia the habit of taking things into the stockade 1 
 
 A. No, sir ; I have sometimes taken in onions, pepper, and eggs, and such 
 things as I could put in my pocket. It was in violation of orders, but I had 
 friends there ; I would have to secrete those things. That was while I was on 
 duty. I was on duty all that time. I have received greenbacks and confederate 
 money from prisoners of war for these favors ; these favors I rendered were done 
 to enrich myself, and not from motives of humanity. Then there were some 
 particular friends of mine there to whom I would carry in things I would also 
 carry in things to others and sell to them. I never made any particular charge 
 for onions ; I would fetch in one or two or three dozen onions at a time. I almost 
 always sold them for confederate money, two or three dollars a dozen — maybe 
 more. I could carry them in and sell them cheaper than the prisoners could get 
 them from the sutler inside. I got the onions at the market. The sutler waB 
 charging exorbitant prices. I thought he was charging very high prices. I be- 
 lieve they came from Ameiicus. They would come there on the 11 o'clock 
 train, and stay till the 1 o'clock train. I could not go out and purchase them 
 and sell to the prisoners to any great extent. I would do it some, while I was 
 on duty there. 
 
 Q. Fart of the two hours that you were on duty, from 9 till 11 o'clock, yoii 
 devoted to fleecing the prisoners ? 
 
 A. No ; I was permitted to go into the stockade at any time, and I would go 
 in in the evening. The onions cost very high ; maybe a dollar and a half or 
 
TEIAL OF HENRY WIEZ. 509 
 
 two dollars a dozen. I would not sell them for the same price. I always made 
 a little on everything I bought. This was a habit .that the confederate sergeants 
 all followed. The prisoners would want them to fetch in such things because 
 they could get them cheaper from us than from the sutler. There was a general 
 system of that-kind, but it was a very secret system. I cannot say whether 
 the men got enough to eat or not. 
 
 CONDITION OF THE PRISONBKS IN THE STOCKADE. 
 
 The sergeants of the police squad were furnished with shovels, &c., ; that was / 
 after the prisoners came back from Thomasville, and it was the duty of the 
 chief of police to keep the stockade clean ; it was impossible to keep the branch 
 clean. They did not have the shovels in the months of July and August. I 
 think there was a policing of the stockade during its crowded state inside. They 
 had some shovels. I do not know whether they could keep it clean. The chief 
 of police might go over it and do a little here and a little there ; and when he 
 would go back he might report that he had cleaned the camp. I would consider 
 that policing it. If the chief of police reported the stockade policed I would con- 
 sider it policed. The chief of police had forty-four shovels in the fall, when 
 there were only between five and seven thousand prisoners. It was in Septem- 
 ber, October, November or December, after the prisoners came back from 
 Thomasville. ^J 
 
 THE SUPPLY OF WOOD. 
 
 The order was, in every wood guard, to allow one soldier to each three pri-' 
 soners. A guard of one hundred men would take out three times that number. 
 There was no guard to carry out prisoners for wood that I remember, until after 
 the prisoners came back from Thomasville ; that was in the latter part of the 
 summer. There was wood hauled in wagons — not much, but some — before that 
 time. The quartermaster attended to that. I think the prisoners were compelled 
 to use that wood until September. If they went out under guard before Sep- 
 tember I do not recollect it. I do not think there was any general system during 
 that time before September. I don't recollect whether wood squads went out 
 before that or not. I think they always hauled in the wood to the prisoners. 
 The wood was then close, and they could haul in a good deal. They had some, 
 four or five wagons to haul in. - ' 
 
 CO.'VDITION OF THE WTATBR. 
 
 I say the prisoners might have used these shovels for the purpose of digging 
 tunnels ; they might have used them to dig wells or tunnels. I do not know 
 anything about it. I went into one of those bogus wells and into' a tunnel, I 
 suppose about 85 feet deep. It might have been in July or August. That 
 was not the only one 1 ever saw ; I examined another one of them. I only 
 examined two. It was the business of Duncan and Humes to look after them. 
 I know of only two ; yes, I know of more than two, but I only went into two. 
 I saw other wells or tunnels. 
 
 THE DOGS. 
 
 There was one man who ran away from the hospital and was fetched back 
 by dogs. Hg was brought to Captain Wirz's quarters. I do not think Captain 
 Wirz had got down there at the time ; it was early in the morning and Captain 
 Wirz had not got down from his house. The man was sent back to the hospital ; 
 he did not die, to my knowledge. If I saw him after that I did not know him. 
 I do not know whether he died or not. I do not know what time Turner went 
 there ; he was there when I left there. He was not there when I came. I do 
 not know when Harris was on that duty ; he fetched in prisoners, but I do not 
 
610 TRIAL OF HENEY WIEZ. 
 
 kuow under what orders ; Le would carry tliese prisoners to Captain Wirz's 
 Voffice. I never heard of prisoners of war dying there from being bitten by dogs ; 
 T. never heard it mentioned there at all ; I heard it mentioned since I came here ; 
 I never heard it before ; I never heard at Andersonville that men had died from 
 being bitten by dogs. 
 
 THE PUNISHMENTS OF THE CONFEDERATE SOLDIF.RS AND FEDERAL PRISONERS 
 
 COMPARED. 
 
 Confederate soldiers were treated in the same way as federal prisoners, with 
 the exception of their being chained together. I know that confederate soldiers 
 have had on ball and chain, but I have not seen them chained to one another. 
 I never saw confederate soldiers in a chain-gang, but I have seen them with 
 ball and chain on. I have seen them in the stocks. I do not know how long 
 they were kept in them ; I saw them in what they called the " spread eagle" 
 stocks. I saw confederate soldiers there very often ; there was one fellow put 
 in there because at the dress parade one day in August, when the adjutant 
 ordered the officers to the front, this fellow stepped out and went to the front of 
 the regiment with the officers. He belonged to the 4th Georgia reserves. He 
 was put in the stocks on that occasion, and I have seen him in the stocks a 
 dozen different times. 
 
 Q. What other means of punishment did you see resorted to there for con- 
 federate soldiers ? 
 
 A. They took a barrel, knocked out one head of it, cut a hole in the other 
 large enough for a man's head to go through, and put it on them. That punish- 
 ment was inflicted by order of court martial. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDERSONVILLE IN THE SUMMER OF 
 
 1864. 
 
 I do not know the precise date when Captain Wirz was absent. He left in 
 the last days of July — I am not positive when — and he relumed, I think, 
 about the last of August, and between those dates he was not present on duty 
 to my knowledge. Lieutenant Davis signed everything and attended to every- 
 thing, and we reported to Lieutenant Davis. I know about it ; I am positive I 
 reported to Lieutenant Davis. I state positively that Captain Wirz was not 
 there on duty, for some time from the last of July up to the last of August. I 
 know that he was not on duty, because Lieutenant Davis signed everything, 
 and made out the reports. I saw him sign requisitions for rations, and I think 
 that is about all the signing he had to do. I cannot state positively that Captain 
 Wirz did no duty during the month of August. I do not state that he was not 
 there ; I state that he was not there on duty to my knowledge. He may have 
 taken command in the last days of August without my knowing it. I do not 
 think he could have been on duty at the same time that Lieutenant Davis was. 
 I have heard of two persons being on duty at the same place and at the same 
 time, but I do not think it would have taken both to command a prison; one 
 of them was sufficient for that, I should have thought. I suppose there were 
 I'rom thirty-three to thirty-five thousand prisoners there at that time. I think 
 one man could command from thirty to thirty-five thousand prisoners without 
 help. Captain Wirz did no official act during that month to my knowledge, 
 except it might be the last of the month. I do not say that he was not there 
 the last of the month. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 Captain Wirz would write a good deal when he was there — look over his 
 books ; then he would walk about a little and lie down ; Orman was adjutant 
 of the prison ; Smith was sergeant at the hospital after the hospital was estab- 
 lished outside ; Stafford called the roll of the sick. Their duty did uot require 
 
TEIAL OF HENRY WIKZ, 511 
 
 tliem to be on horseback, unless they were ordered to take horses to go to some 
 point. Smith rode Captain Wirz's horse a good deal, about as much as 
 Captain Wirz did. Smith was a tolerably tall mau, not over tall. He wore 
 his head on one side. He was from Georgia, I suppose. He was an American. 
 I could not mistake him for Captain Wirz very readily. Any one who knew 
 both of the men could not possibly be mistaken about them. They did not 
 resemble each other. Orman was a tolerably aged man, from 35 to 40 ; I 
 cannot say whether he was an American ; I have heard him speak and he spoke 
 as we do, but I do not know where he was born. I could not mistake him for 
 Captain Wirz. Any one who knew both men could not mistake one for the 
 other. Stafford was a young man of 22 or 23 years of age, a very nice-looking- 
 young fellow. He did not resemble Captain Wirz in any way at all. I could 
 not mistake him for Captain Wirz. Turner was rather a small man ; he looked 
 as if he had seen pretty hard times. He did not resemble Captain Wirz ; any 
 one who knew the two would not mistake the one for the other. ' I would not 
 mistake for Captain Wirz any of those men who were in the habit of riding his 
 horse ; no one who knew them could mistake them. Others did not ride the 
 horse frequently, but they did not make a general thing of it. Turner rode it 
 right smart, sp did Stafford. Turner had a horse of his own. Orman had a 
 horse from the artillery, but I think they took it back. Stafford did not have 
 a, horse, nor Smith. Orman's horse was a sort of old worn-out gray horse. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 Some clothes came there by the sanitary commission, marked as such, but I 
 do not recollect what time they came. I did not wear any of them ; Captain 
 Wirz never gave me anything in his life, except it might be a pass. I never 
 obtained any clothing in that way ; I dqn't know any of the confederate soldiers 
 that did. I have seen confederate soldiers wear them, but they never procured 
 them from Captain Wirz ; I think all the paroled prisoners drew them. I was / 
 there when they went in to get their suits of clothes. I saw all of Duncan's 
 squad go in for that purpose. I cannot swear that they all got them, but I 
 know they were sent there for that purpose. I have seen men with them on ; 
 and I know that they sold them. There was a confederate soldier named 
 Nolan who bought a pair of those pants. 
 
 Q. Do you know in what condition the clothing of those paroled men who 
 received the sanitary goods was ? Were they destitute at the time ? 
 
 A. They were not; there were men inside the stockade who needed them 
 more than the paroled men. 
 
 ORDER RBLTEVIN(3 GENERAL BRAGG FROM DUTY AS A MEMBER OF THE COMMIS- 
 SION. 
 
 The judge advocate laid before the commission the following : 
 [Special Orders No. 524. — Extract.] 
 
 War Department, Adjutant General's Office, 
 
 Was/iingion, October 2, 1865. 
 13. Brigadier General E. S. Bragg, United States volunteers, is hereby 
 relieved from duty as a member of the special military commission, appointed to 
 meet in this city, by Special Orders No. 453, August 22, 1865, from this office, 
 and of which Major General Wallace, United States volunteers, is president. 
 By order of the Secretary of War : 
 
 • E. D. TOWNSEND, 
 
 Assistant Adjutant General. 
 
 Official: 
 
 E. WILLIAMS, 
 Assistant Adjutant General. 
 
512 TRIAL OF HENKY WIEZ. 
 
 Mr. Baker. The suddenness of this order requires that I should say a word 
 before anything further be done. 
 
 The President. It is certainly none of your business ; you have nothing 
 to do with the orders of the court. . 
 
 Mr. Baker. Will I be allowed to address me court ? 
 
 The President. No remarks on that subject will be permitted. 
 
 Mr. Baker. And no motion 1 
 
 The President. And no motion; it is none of your business. 
 
 Mr. Baker. Then I must object. 
 
 The President. No objection will be entertained ; you will go on with your 
 examination. 
 
 Mr. Baker. "Will no remark of any kind touching that order be permitted ? 
 
 The President. No, sir ; proceed with your examination. 
 
 October 2, 1865. 
 Vincenzio Bardo, for the defence: 
 
 I have been in the military service of the United States. I arrived at Ander- 
 sonville in June, 1864. 
 
 prisoners whipped by wirz's order. 
 
 I was in the stockade ; I got out of the stockade by blacking my face ; I 
 blacked my coat and from that blacked my face to go outside of the gate ; I 
 went outside with the negroes ; we went down to the front of the " Dutch cap- 
 tain's" quarters ; some of us had picks and some shovels ; we went through the 
 outside gate ; we were trying to skedaddle ; a lieutenant — I don't know his 
 name — asked me what I was doing round there ; he asked me, •' Are you a nigger 
 or a white man ?" Then he took off my hat and said, " You are a white man." 
 I said " Yes." He said, " Why the hell did you black your face ?" I said that I 
 had blacked my face to try to run away ; then he took hold of me and put me 
 in the stocks; the stocks came round my neck and my hands were stretched 
 out ; he gave me twenty-five lashes on my back ; when I was taken out of the 
 stocks I was put in the stockade for four hoiirs ; then put in the stocks again 
 for four hours, and then I was put in the stockade again ; the lieutenant left me 
 in the stocks. 
 
 (The prisoner at the request of the counsel stood up.) 
 
 Q. Is that the man who gave you the twenty-five lashes ? 
 
 A. No, sir ; I know him ; he is the " Dutch captain." The man who gave 
 me the twenty-five lashes was a small man — smaller than me ; he had no whiskers 
 at all. The man wore a black hat with a feather. I think this was in August. 
 
 Cross-examined by Judge Advocate : 
 A lieutenant whipped me ; I don't know who told him to whip me ; himself 
 I think ; 1 did not see Captain Wirz ; I saw Captain Wirz when 1 was down 
 in the stockade ; I never saw the Dutch captain when I came out blacked; I 
 saw him when I was in the stockade after I came from Eichmond ; also in Sep- 
 tember ; I was put in the stockade in June ; I saw Captain Wirz in June and 
 in September ; two or three times in all that I saw the Dutch captain. When I 
 blacked myself and came out of the stockade I went up to Captain Wirz's head- 
 quarters ; it was about eight or nine o'clock in the morning ; I did not see 
 Captain Wirz when I went up there ; I saw him before I blacked my face. I 
 do not know who gave the orders to have me whipped ; the lieutenant put me 
 in the stocks himself; I do not know who ordered him to do so ; I think the 
 lieutenant was on duty at Captain Wirz's office ; I do not know whether he 
 was ordered to put me in the stocks or not ; I blacked myself to try to run 
 away ; I wanted to run away because I felt very bad ; I was starving ; a good 
 many around me were starving ; I wanted to get away because I was starving. 
 
TRIAL OF HENRY WIRZ. 513 
 
 October 2, 1865. 
 Frederick Guscetti, for the defence : 
 
 I am an Italian ; I speak six or seven languages ; I have been in the military 
 service of the United States, in the 47th New York regiment ; I was taken as a 
 prisoner to Andersonville ; I was captured at the battle of Olustee, Florida, Feb- 
 ruary 20, 1864 ; I was then taken to Tallahassee, Florida ; I arrived at Ander- 
 sonville March 28, 1864 ; fifteen white men and six colored men went to Ander- 
 sonville with me ; some of the wounded prisoners were taken to Andersonville 
 as soon as they got a little well ; they were sent by order of Captain Gibbs, I 
 believe ; about five hundred prisoners were taken to Tallahassee ; I met with_ 
 many prisoners after my arrival at Andersonville ; when we were taken to '' 
 Andersonville we were all wounded ; I had to be carried in a wagon ; all the 
 men that came with me from Florida were wounded ; some came from Virginia 
 wounded. 
 
 THE DISPOSITON AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS. 
 
 I was in the stockade from March 29 till August 28, 1864 ; I was then 
 paroled ; I was taken out by a sergeant and brought up to the headquarters of 
 Captain Wirz ; I was at Captain Wirz's headquarters from the 28th of August, 
 when I was taken out, till the 15th or 16th of November; I first saw Captain 
 Wirz five or six days after I was taken to Andersonville ; there was from 7,000 
 to 9,000 prisoners there then, perhaps more ; when I was paroled I was sick, 
 and one of the doctors asked Captain Wirz to take me out; the captain told him 
 he should not do so, but the next day he sent orders to take me out; I was 
 brought to his headquarters ; he told me to stay there and said to me " when 
 they want you, you will go to the hospital and do what they ask you." The 
 first time a man was shot by the sentry outside, he was taken out ; the sentry 
 shot him as he was coming to the river ; he shot him with two bullets, one through 
 the body and one through the leg ; I was inside at that time ; Captain Wirz 
 came in in the morning and I told him that three or four of us would like to go 
 and see that man ; he said that he would allow nobody to go ; after a little while, 
 when he was going out of the gate, I told him again ; he said " well, if they go 
 under guard they can go." Dr. White came and I told him that Captain Wirz 
 had said we might go ; I and two other men went to see the man in the hospi- 
 tal ; afterward when I was in the hospital I used to go with the guard to bring 
 men from the stockade to see men in the hospital ; this was done four times, I 
 think. One morning a man came up and told Captain Wirz that he was a 
 preacher, and Captain Wirz told me to go with him into camp ; we went in. 
 The man stopped to talk with several of the prisoners ; the men were asking 
 him when they would be exchanged ; he answered 
 
 The Judge Advocate objected to witness stating the conversation which 
 occurred. 
 
 The Court, after deliberation, sustained the objection. 
 
 The man came in and bought watches ; when he came out I told Captain Wirz 
 that that man who he had sent me in with did nothing but buy watches ; Cap- 
 tain Wirz sent him with Sergeant Smith down to General Winder ; I don't 
 know what occurred afterward. 
 
 I attempted to escape once on the 4th of July ; they did not give us anything 
 to eat, and in the evening I told some of my friends to tie me up in a blanket 
 and I would go out as a dead man ; they put me in a blanket, put a cloth over 
 my face and carried me into the hospital; in the hospital they put No. 61 on 
 my breast ; they put me iuto the dead-house and kept me there until the last 
 wagon came that night ; they then took me away during the night ; I knew 
 that the orders were to carry away twenty- five bodies at a time, I counted so 
 many dead and placed myself so as to be about the twenty-fourth or twenty- 
 H. Ex Doc. 2.^ ii3 
 
614 TKIAL OF HENRY WIEZ, 
 
 fifth ; the next morning the men came in to carry away the dead ; they counted 
 out twenty-four and then it came to my turn ; a negro, named " Abe," lifted me 
 up and threw me on the wagon — a canvaa-covered wagon like a tent — to go to 
 the dead-house ; when I was carried to the dead-house the negroes took my 
 clothes off, so that I had nothing on hut a pair of drawers, and I had no 
 chance to get away ; they carried me out in a wagon to near the kitchen ; I had 
 not eaten the whole day before, and did not feel strong enough to go away ; I 
 slipped down from the wagon with the intention of waiting until night, and 
 then going to some farmers near by and getting clothes somehow ; I was lying 
 down when about ten o'clock I saw Turner with the dogs run around the 
 stockade ; I was afraid of him, of course ; I then saw him go away ; he was going 
 10 headquarters ; afterwards I saw him with Captain Wirz on horseback; I 
 heard afterwards that their object was to discover a hole which had been made 
 the night before ; in passing around there the dogs found me out and jumped 
 towards me ; I did not move ; 1 knew that they would not bite me if I did not 
 run away. Captain Wirz came up and said " What the hell aro you doing here?" 
 I told him I was trying to run away ; he asked me if I thought I could run away 
 without any clothes on ; I then told him all about how it was ; he took me down to 
 the hospital and asked the steward, or some one of the men in the hospital, to give 
 me some clothes ; he then put me into the stockade; he said that he had a mind 
 to put a ball and chain on me for it ; but after all he sent me back into the stock- 
 ade. That was my first attempt to run away ; I do not think a great many of 
 the prisoners liked to pass off for dead, but many were running away all the 
 time — as often as they could. 
 
 There were in the camp a good many little boys who were supposed to have 
 been drummers in the army ; one day Captain Wirz came in and took one of 
 them out ; the next day he came in again and took out about thirty ; at that time 
 a man asked to be taken out and Captain Wirz paid that he took the boys out 
 because they could not stand the miasmas in there, and that he would not take 
 him out ; I saw about thirty boys taken out that day and I know there were 
 others in the hospital ; some of the boys were in the hospital, some were engaged 
 at one headquarters and others at the other headquarters ; others were sent out 
 for blackberries for sick men; they were sent out for blackberries several times. 
 I heard from some of my friends that the nurses made wine with the blackber- 
 ries for themselves — I know that few of the sick ever received it — and that 
 they were sent into camp to make pies. Those nurses were our own men. 
 
 By the Judge Advocate : 
 
 Friends who were in the hospital sick told me the nurses were our own men. 
 I saw nurses who were acting as clerks at the doctors coming round the stock- 
 ade, coming near the south gate, bringing haversacks full of blackberries ; those 
 blackberries were taken into the camp, and as there were several bakers in the 
 camp, they made pies of them. I cannot say that they were the blackberries 
 that the boys had gathered. I got sacks at the cook-house myself and sent 
 them to some of my friends in the hospital to make shirts out of. 1 never heard 
 of Captain Wirz ordering things to be sent to the prisoners. I had friends in 
 the hospital and I was allowed by Captain Wirz to go in there. I got some 
 sacks from the cook-house and brought them to them to make shirts, and to 
 make tents for themselves when they were to be sent somewhere else. 
 
 STOPPAGE OF RATIONS. 
 
 On the fourth of July rations were stopped for a whole day. I cannot say 
 
 [why they were stopped ; some said 
 
 The Judge Advocate. Don't state what others said. 
 
 I think the prisoners would have died if the rations had been stopped two or 
 
TRIAL OF HENRY WIRZ. 515 
 
 three days in succession ; I don't believe they could have done that ; I never 
 knew it to be done. ,.J 
 
 Q. Do you know whether the attempts of the men to escape or burrow out 
 had anything to do with the stopping of the rations 1 
 
 A. Captain Wirz once told Sergeant Williams 
 
 The Judge Advocate. State nothing that was told you. 
 
 WiTXESS. Then I know nothing about it. 1 cannot give any answer about 
 burrowing out ; what I know I heard outside. I was engaged myself in tun- 
 nelling out. Sometimes at roll-call in the morning three or four men would be^ 
 missing, and the rebel sergeant would say to the sergeant of the squad of ninety, 
 " If you don't tind those men you don't get rations for the day." Of course we 
 would run all over the camp to find the missing men. Sometimes we would 
 find that a man was dying or dead, with nobody to report him. We would get 
 rations as soon as the man was found. ^ 
 
 Q. Explain how the federal sergeants might have given the men rations 
 themselves. 
 
 Objected to by the judge advocate as being too vague. 
 
 Q. (Modified.) Can you explain whether federal sergeants had the rations in""; 
 their power to give at those times when they were stopped ? 
 
 A. I can ; I was punished one day for being absent from roll-call ; the rebel 
 sergeant told them not to give me any ration that day. In the evening when 
 they issued the ration I was present ; there was no rebel sergeant there ; there 
 was a sergeant for our thirty. Instead of twenty-nine rations only twenty-eight 
 were issued, but be could as well have given out twenty-nine, there was nobody 
 to disturb or prevent him. He could just as well have given me my ration as 
 not. I think he could just as well have given out thirty rations as twenty- 
 eight. 
 
 Q. Had he it frequently in his power to do in that way 1 
 
 A. I can tell as to myself; I cannot tell anything more. 
 
 THE STOCKS. 
 
 I never knew of any stocks inside the stockade ; there were not any there. 
 
 TUNNELLING OUT. 
 
 Sometimes we used to begin a tunnel in a tent. We would dig holes and 
 we would carry the dirt down to the sink in flour bags, or in the sleeves of our 
 blouses or shirts. A hole would be dug six, eight, or ten feet deep, and then 
 when they worked it under the stockade, they had to dig it further down in 
 order to pass tljat ; ten or twenty yards outside the stockade they would carry 
 the hole up and so go out. Every morning I saw the negroes coming in, filling 
 up the holes. When we began to dig the wells, every second or third well was 
 a tunnel. 
 
 PRISONERS SHOT BY WIKZ'S ORDER. 
 
 Chickamauga was a Canadian who used to be in a tent where I was. Several"^ 
 of us were digging a tunnel in order to get out. Some five days after a rebel ^ 
 oificer came in and came to where the hole was and said "Hfereis a tunnel;" 
 his men came in and broke it up. We suspected that somebody had reported 
 the matter, but we did not know for sure. About two days and two nights 
 afterwards we began another tunnel. We were about five days on it when one 
 morning an officer came in and broke up the hole. A third time we made a 
 hole. We then suspected that somebody was reporting our holes. We looked 
 around and in the morning we saw Uhickamanga pass the dead-line and go 
 where the letter-box was. We did not know what he was going to do. About 
 
516 TRIAL OF HENEY WIKZ. 
 
 ten minutes afterwards a lieutenant with a red sash, the officer of the day, came 
 in with a guard and went right to the place where we had put the sand. We 
 had worked the matter so well that we never thought anybody could suspect it, 
 but he went right up to it and said, " Here is a tunnel." A big Canadian who 
 was there said to him, " Lieutenant, who told you that we made a hole there 1" The 
 lieutenant said, " Well, that cripple told me." The cripple was then between 
 the dead-line and the gate ; we began to curse him. There were about fifty 
 or sixty men where we were, Canadians, Frenchmen, and others, all mixed 
 together. There was a low shanty there, and some of the men said they were 
 going to hang Chickamauga up there. He was afraid to come inside of the 
 dead-line again, into the camp. He asked the officer to take him out ; the 
 officer said that he had not the power to do it ; at his instance Captain Wirz 
 came down inside the south gate on his white mare, and told him to go inside, 
 that he would not take him out. The man said that he would not come in, 
 that the men wanted to hurt him. Captain Wirz replied, " I have nothing to 
 do with that, I cannot help that ; go inside the dead-line or you will be shot." 
 The man would not go in. Captain Wirz took out his pistol and said, " If you 
 do not go inside the dead-line 1 will shoot you." The man bared his breast 
 and said, " I do not care ; shoot me if you want to." Captain Wirz put the 
 pistol away and turned his horse to go out ; some of our men said, " Bully for 
 you," meaning bully for Captain Wirz. We knew that the man was a spy, and 
 as Captain Wirz went out, as he was shutting the gate, some of our men took 
 hold of this Canadian, '' Frenchy" as he was sometimes called, and pulled him 
 inside the dead-line. Almost everybody who was not an American or a German 
 was called " Frenchy." This man was now inside the dead-line, but in a few 
 moments he passed out again, past the dead-line, and sat down about one yard 
 from the dead-line — inside of the dead-line. The guard told him twice to go 
 away ; he said he would not do it. The guard then took up his musket and 
 said he would shoot him if he would not go in. He said " Go in, or I will 
 shoot you." The man said " I don't care," and he opened his blouse again. 
 The guard shot him. The men were all around there at the time. We told 
 him to come inside, as we were not fools enough to cross the dead-line to bring 
 him out. There were a great many men around there f it was generally under- 
 stood what Chickamauga had done in the morning, that be had acted as a spy, 
 and the men cursed him of course. Captain Wirz was outside the gate when 
 Ithe man was shot ; the gate was shut. 
 
 Q. Did you hear any orders given to the sentry 1 
 
 A. When Captain Wirz got outside I do not believe that anybody could hear 
 him say anything. 
 
 The Judge Advocate. State what you did or did not hear. 
 
 Witness. Nobody could hear. 
 
 Q. Why could they not hear ? 
 
 A. The stockade was about fifteen feet high and two or three feet thick, and 
 the dead-line was about eight or ten steps from the stockade. 
 
 Q. Did the crowd around there make any noise by talking or hallooing to each 
 other ? 
 
 A. I did not remark a noise. The men always made a noise. The men 
 were around me and some of them were cursing this man. Some of them wanted 
 to bring him inside, but they would not cross the dead-line. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I never saw any clothing or boxes in the stockade ; boxes came, but not into 
 the stockade. They came to the headquarters of Captain Wirz. I saw some 
 of the boxes brought into the stockade for the prisoners. I saw them come in in 
 May ; about thirty came that I saw. They were small boxes, such as are sent 
 
TEIAL OF HENEY WIEZ. 517 
 
 by express ; such as nortliern people sent to the men. Boxes were not frequently 
 coming in that way. I saw about thirty in the month of May and three in July. 
 There may have been more, but I did not see them. There was a letter-box, 
 and they put a notice in the letter-box for the men who had boxes. The men 
 would then report to the sergeant at the gate. I know that they received their 
 boxes in that way. When nobody came to answer a letter which was put into 
 the letter-box then the boxes were sent to the hospital. I did not know when 
 I was in camp what they did with them, but when I was out I saw that when 
 nobody applied for boxes they were sent to the hospital — the federal prison 
 hospital. 
 
 TRADING BETWEEN THE CONFEDERATE TROOPS AND THE PRISONERS. 
 
 There was trading in the stockade between the prisoners and the rebels. 
 There was there a man who used to go out for spades or shovels in the morning 
 to dig wells. This man used to carry in double rations, and also haversacks 
 fu^l of apples and anything he could get. The men who went out for wood 
 would almost always bring in apples, cakes, or anything which they could find 
 to buy. The negroes generally brought in salt which they got from the cook- 
 house. I also saw the guard drop down blankets and sacks from the top of the 
 stockade. They would allow us to pass inside the dead-line to get these. We 
 used to give them watches and money — greenbacks or confederate money, or 
 whatever we had. I saw some sergeants who came in to call the roll wear 
 jackets like our cavalry jackets; I have also seen them wearing black sailor 
 pants. 
 
 PRIVATE PROPERTY TAKEN AWAY FROM PRISONERS. 
 
 I do not know what anybody else did when Captain Wirz wanted anything 
 which they had. I know that when I went out into the country and bought 
 some things for myself and other clerks at headquarters, and when Captain Wirz 
 wanted them from me, I would make him pay me for my trouble in bringing 
 them. Once I had a hog which I sold him and for which he gave me a hundred 
 dollars in confederate money, and when I left Andersonville I asked him for 
 greenbacks, as I had no more use for confederate money. I saw Captain Wirz 
 and the sergeants take things away from Stoneman's raiders, but they never 
 took anything away from me or any other paroled man. I made him pay for 
 everything he got from me. When Stoneman's raiders came everything which 
 they had was taken from them — blankets and such things as that, of course, they 
 had not. At headquarters they were searched and had taken from them pistols, 
 money, silver spoons, forks, portraits, and watches. One had a silver candle- 
 stick. I know men who said that they took away portraits that belonged to 
 their families. 
 
 Q. Do you know anything about a lady there recognizing a portrait which 
 had been taken from these raiders ? 
 
 The judge advocate objected to the question. 
 
 Mr. Baker said that one of the most affecting parts of the evidence for the 
 prosecution had been that which seemed to show that Captain Wirz had taken 
 from prisoners the portraits of their wives and sweethearts. The defence pro- 
 posed to show that these portraits were really pictures of southern women, which 
 the raiders had taken from southern families. 
 
 The Judge Advocate. The gentleman asks the witness to state what a lady 
 said, which is mere hearsay evidence. To make the evidence worth anything 
 the lady should be produced. 
 
 Mr. Baker. How does the court know that the portraits mentioned in the evi- 
 dence for the prosecution were portraits of prisoners, relatives or friends, except 
 by the teatimonv of the witness, who states what he heard the men say 1 The 
 
518 TEIAL OF HENET WIEZ. 
 
 evidence which I propose to offer is anaiogous to that which has been presented 
 by the prosecution. 
 
 The Judge Advocate, (to witness.) Was the lady present when the raiders 
 were searched ? 
 
 A. She came afterwards ; she had received a letter. 
 
 The Judge Advocate. Then how can we know that the picture claimed by 
 this lady some days afterward was one which had been taken from the raiders? 
 The evidence offered by the prosecution went to show that the prisoner robbed 
 a soldier of a picture which this soldier said was the picture of his wife. If this 
 lady had been present at the time when the prisoners were searched and had 
 claimed a certain picture as hers, the defence might properly have shown that 
 fact. 
 
 The court, after deliberation, sustained the objection. 
 
 I saw knapsacks taken away from a lot of men who came in in September. 
 That is all they took. Once Captain Wirz sent back to his regiment a rebel 
 sergeant for taking a knife away from a prisoner. I know of Captain Wirz re- 
 turning to prisoners things which had been wrongfully taken from them. One 
 day some prisoners had come from Virginia, and an officer commanding a squad 
 handed to Captain Wirz seven or eight watches. Captain Wirz asked him, 
 " Whose are they ? What can I do with them 1" The officer said that his 
 men had taken them away from the prisoners, and that he had taken them away 
 from his men. Captain Wirz asked the men who owned them ; the men came 
 out and said they belonged to them. Captain Wirz gave the watches into the 
 hands of the sergeant appointed to command the squad, and he gave the watches 
 to the men ; whether they were the owners or not I don't know ; he gave them 
 to as many men as there were watches. I do not know about money coming 
 in letters, but letters which came there and which I had to read contained, some 
 them, five cents, and some of them ten cents. 
 
 Q. While you were in the stockade did Captain Wirz send in any money or 
 anything of that kind to prisoners 1 
 
 A. I told you before that boxes came in. 
 
 PRISONERS WHIPPED BV WIRZ'S ORDER. 
 
 I saw the negro, Hawkins, often, when I was out in the country. One evening 
 I was out with two other men to the house of a gentleman in the country by 
 the name of Dick Penn. As we were coming home we passed through a field 
 and saw men at work there digging. I came back to tlie camp with the two 
 men, and when I was coming back on the road I met Hawkins and another man 
 coming down to the camp. I passed them without saying anything. I heard 
 them curse our men, and say that they would put the dogs after either Yankees 
 or rebels. The next morning Dick Penn came down to Captain Wirz and 
 reported that two of our men had robbed his field of potatoes. Captain Wirz put 
 the two men in the stocks, one lyiag down and the other standing. In the 
 evening I left again to go into the country — the same part of the country where 
 Dick Penn lived — and as I was walking past his field, I heard one man telling 
 another 
 
 Q. Were they stealing potatoes ? 
 
 A. They were digging potatoes ; they took a big bag full, a bushel and a 
 half or two bushels, and carried it down to the house of a lady named Mrs. 
 Smith ; they went into the shanty and left the bag outside ; I saw the bag of 
 potatoes there and told the man who was with me to put it on his shoulder, and 
 we went home ; when we got back we put the potatoes in headquarters. The 
 next morning Dick Penn came around again to Captain Wirz and told him that 
 some more of the men had stolen his potatoes ; Captain Wirz said he would find 
 out who it was ; while he was speaking Dick Penn saw the bag and said that it 
 Iselonged to him ; he asked who brought it there ; I was not present ; the other 
 
TRIAL OF HENEY WIEZ. 519 
 
 man told him that it was brought there by a man named Lxrzie ; he was a friend 
 of mine ; they put him in the stocks. I was told of the matter, and I told Cap- 
 tain Wirz that I took that bag from one of our negroes, who had left it outside 
 of the shanty where a lady named Mrs. Smith lived. He asked who was the 
 man ; I said it was dark — that I could not see who it was. Dick Penn brought 
 a negro slave and asked if he was the man ; I said I did not know who he was ; 
 he asked the other man, and he said it was a Yankee white negro. We had only 
 two white negroes ; one was Fish ;r, 'and the other this one, but this one was 
 lame ; they brought him there and asked him if he had the bag there ; he said 
 that he had not — that the white man had. I said " No, you had the bag there ; I 
 .took it from you ;" Dick Penn and Mrs. Smith said that they saw this man. 
 
 The Judge Advocate. You need not state that. 
 
 They sent for Turner, and Captain Wirz told him' to give that man a good 
 licking ; he was to be licked because it was said that he stole potatoes and 
 forged a pass. He had two passes ; one was like a farmer's, giving permission to 
 his slave to go somewhere to visit his family ; the other was signed by Captain 
 Wirz. He had been the means of having two or three punished for Lis guilt ; 
 they were in the stocks ; as soon as they found him out they let the others go. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDBRSO.WILLE IN THE SUMMER 
 
 OF 1864. 
 
 About five days after I came out of the stockade Captain Wirz was not sick, 
 but he used to walk very much like a man that had been sick — a convalescent, 
 and about the middle of September he did not come to the headquarters ; he 
 kept his own house ; I was at his house and saw him ; he was in bed. When 
 he came back to the headquarters he was very feeble, and the quartermaster 
 used to give him an ambulance wagon to go home in. In his headquarters he 
 had a bed on which he would lie down the most of the day. I know of Captain 
 Wirz having to be carried once ; I took his horse away, and when the time came 
 for him to go home the ambulance was not sent, and as I had his horse away 
 he could uot ride that ; he could not walk, and they had to carry him on a stretcher. 
 During the few weeks he was complaining he would come down in the morning 
 and lie down on his bed, and after a time his horse would be sent for and he 
 would ride out to General Winder's, which was not far ; sometimes he would 
 not come back, and sometimes he would come back and lie down again ; that 
 continued about ten days or so. He was sick two different times ; the first was 
 from the 5th to the 10th of September, and the second was from the 20th to 
 the 25th of September, 
 
 THE CHARGES OF MURDER AGAINST WIRZ, 
 
 I never saw Captain Wirz with a riding whip ; I never saw Captain Wirz 
 ride anything but the white mare. One day I asked Captain Wirz to let me go 
 with a gentleman in the country, some sixteen miles ; he told me, " I will let 
 you go, but if you run away I will shoot you like a dog." I said " all right." 
 I took away his pistol to take out the powder ; I took out the bullet and found 
 thei-e was no powder in the chamber. I came back the next day and the cap- 
 tain said nothing about it. Three or four days afterwards a sergeant broke his 
 pistol, and brought it to Captain Wirz and told him it was broken, and that it 
 should be repaired. Captain Wiiz said, " Take this one here." He told him some- 
 thing else, but I did not hear what he said ; he used to leave the pistol there in 
 the night when he was there sick. One day I had a fight with one of the rebel 
 sergeants, and that night the clerk was afraid that the rebel sergeant would 
 come in. I took Captain Wirz's sword, and one of the men took the pistol, but 
 when he pulled back the hammer he found that the mainspring was broken. 
 At that time Captain Wirz did not carry a revolver much ; he used to wear the 
 belt, but uot the revolver. I do not know anything about other revolvers. When 
 
520 TRIAL OF HENRY WIRZ. 
 
 I was out he had those two revolvers ; the mainspring of one of those pistols 
 was broken, and in the other there was no powder. (To the court.) It was one 
 of our army revolvers ; I took the bullet out and found there was no powder in 
 it. I only took out one of the bullets, and then I put it back ; I put the bullet 
 back so that he would not remark it ; then I did not care whether he would 
 shoot at me or not. 1 never saw Captain Wirz shooting or kicking men — more 
 than pushing them into ranks ; I never heard of his killing a man until I came 
 here ; if he did not kill a man so secretly away out of camp, so that nobody 
 could hear it, I think I should have heard of it if such a thing had been done. 
 
 BFFORT.S OF CAPTAIN WfRZ TO GET AWAY FROM ANDERSONVILLE. 
 
 Q What do you know about Captain Wirz resigning, or trying to resign, in 
 Older get away from there? 
 
 A. 1 know that he once said 
 
 The Judge Auvocate objected to the witness continuing the answer, on the 
 ground that what the prisoner said was not proper evidence. 
 
 Mr. Baker. I believe I shall have to insist that this point shall be ruled upon 
 by the court. What we desire to show is, that Captain Wirz made exertions 
 with General Winder to have his resignation accepted so that he could go to the 
 Tians-Mississippi department. We desire to give evidence of his acts and 
 language. 
 
 The President. We have decided this question over and over again. 
 
 A Member of the Court, (to Mr. Baker.) You might as well put the pris- 
 oner on the stand and ask him the same question. 
 
 Mr. Baker. If the court holds that the question has been ruled upon already, 
 I shall not press it, but I must endeavor in every possible way to show the in- 
 tentions of Captain Wirz so far as they may exculpate him from the charges 
 against him. According to the books, the language of the prisoner can be given 
 in evidence to exhibit the absence of malice. 
 
 The President. If such language accompany acts. 
 
 Mr. Baker. Whether accompanying acts or not, the language of the prisoner, 
 on a charge of murder, could be given in evidence as showing the intention or 
 general disposition. We propose to give both acts and language accompanying 
 acts. I do not know that the question has ever been passed upon by the court. 
 
 The President, The members of the court seem to desire not to vote upon 
 the matter, because they have already voted upon it. 
 
 Mr. Baker. If that fact will appear upon the record I will not insist upon 
 having the question decided. 
 
 The Judge Advocate. I would like it also to appear on the record that there 
 
 is an additional objection to this evidence, that it is not material as a defence. 
 
 Whether the prisoner sought to leave Andersonville or not, does not affect the 
 
 question at issue, because his object might have been to go to some other place 
 
 1^0 institute another slaughter-pen. 
 
 W^IRZ'S ABILITY TO USB BOTH OF HIS ARMS. 
 
 I know that Captain Wirz's right arm was crippled. When he used to ride on 
 horseback, he could not use his right arm to get into the saddle. He always 
 used his left arm, and when he was very badly sick I had to give a chair to 
 mount on horseback, and I also had to lift him on his horse. 
 
 men bitten by THE DOGS. 
 
 There were two Canadians who were both called " Frenchy." This man 
 used to be near my tent. He ran away four times and was captured and sent 
 back into camp. He passed without punishment three times, and the fourth 
 time there was a ball-and-chain put upon his feet. He made his escape again j 
 1 did not see him until he was brought back. I heard Captain Wirz order him 
 
TEIAL OF HENEY WIRZ. 621 
 
 to be placed, with twelve other paroled prisoners, in a chain-ganp; ; when he was 
 brought down to the smith, he managed to run away. The officer. Lieutenant 
 Hill, I believe, did not remark his escape until he came to the smith, when he 
 found there was one man less ; he went to Captain Wirz and told h'm that one 
 man had run away. Captain Wirz looked at the men and said " Frenchy has 
 run off again ;" he sent for Turner to find out where Frenchy was ; the dogs 
 found out his track and followed and caught him ; he was brought back with 
 Turner's dogs ; Captain Wirz was along with them ; Captain Wirz had on a 
 pair of white pants which were very muddy ; the captain told him he would not 
 send him back to the stockade, but would send him to the guard-tent, and he 
 called Sergeant Smith and sent Frenchy to the guard-tent. Afterwards I came 
 down to him and asked him about running away ; I said " you cannot run away 
 any more ; you have too much watching." He said: " I do not care; I will try 
 again." I asked him if he was not afraid of Captain Wirz, and he answered 
 me 
 
 The Judge Advocate. You need not state what transpired between you and 
 him. 
 
 Frenchy had on a pair of raggish pants ; he did not say whether he was torn 
 by the dogs or not ; I asked him if he was hurt, and he told me " that did not 
 hurt me;" that means in French, in which he expressed himself, that it did 
 not hurt him much. He said that he did not care for Captain Wirz, that the 
 dog who barked did not bite much ; that was the expression he used. I did not 
 see that he was torn at all ; he was lying down in the guard -tent ; he ran away 
 again, but I did not see him ; I heard that he ran away near Macon ; I once saw 
 Turner come in with his dogs and twelve confederate soldiers. 
 
 CONDITION OF THE WATER. 
 
 I found one hundred and five wells in the camp when I left the place ; there 
 was water in most of them ; some of them had been dug only for the purpose of 
 making tunnels ; at first there was very bad water there ; they used the water 
 of the branch, and the cooks used to make that water so dirty that it could not 
 be used. Then we commenced digging wells ; they were dug twenty-five feet 
 deep on the south side, and on the north side a great deal deeper — fifty or fifty- 
 five feet. The wells were dug with spades, of course ; we had a few spades and 
 axes in the camp ; every morning the fatigue squad used to go out and bring in 
 lots of spades, picks, and other things to clean the camp with. 
 
 VACCINATION. 
 
 I was vaccinated there myself ; I came in one morning and found one doctor 
 in confederate clothes and another in citizen clothes ; I went down to see if 
 there was any news about exchange, and I found they were beginning to vac- 
 cinate in the hospital, which was then in the stockade ; they vaccinated several 
 men — over two whole squads ; I do not know how many were vaccinated — five 
 hundred, or it may be two thousand. I knew almost thirty men to be sore or 
 sick from vaccination ; they were mostly Germans ; they had big large wounds 
 in the arm ; the others were not sick or sore from- vaccination ; I was vacci- 
 nated with forty other Italians ; several of us had woollen sleeves, and we cut 
 them over the sore ; we washed our arras with water as clean as we could, and 
 I think it was that plan that kept us right ; none of my comrades were sick, 
 but I saw several who came with me from Florida, mostly Germans, who had 
 large and bad wounds on their arms. 
 
 THE DEPOSITION AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS. 
 
 Cross-examined by the Judge Advocate : 
 When I ran away and Captain Wirz brought me to the hospital I asked him 
 if he could not keen me out ; he asked me if I could work in the woods or so ; 
 
522 TRIAL OF HENET WIEZ. 
 
 I told him I could not do that, but I would try ; Captain Wirz did not ask mi 
 if I was of the same country as himself ; I spoke to him in French ; his languagj 
 was German ; I am an Italian Swiss, and Captain Wirz is a German Swiss; J 
 did not know Captain Wirz in the old country ; I do not know why I was showt 
 so much favor there ; I saw that other clerks were scared too much about hiirj 
 and I was not ; many a time he told me to do a thing and I would not do it ; ] 
 told him I would not work, and if he made me work I would go back into the stock! 
 ade, so that I was a long time out there without doing anything ; I never spiec 
 anything about the soldiers ; I was employed outside as interpreter for men in| 
 side the hospital. I would go in with the priest or the doctor into the hospital 
 Captain Wirz let me come and go as I pleased ; he let me go into the country 
 once for sixteen miles ; he gave me at one time permission to go sixteen milef 
 into the country with his horse ; I came back two days afterwards ; the othel 
 men told me that he said when I had gone, that I had run away with his horse 
 I told him when I came back that he could be sure I would not run away 
 Captain Wirz showed me more favor than to others ; I did not serve him bettei 
 than I served others ; I served myself. Captain Wirz talked with me at head 
 quarters as with other clerks ; I never traded any with the soldiers ; I never pur 
 chased anything from a federal soldier ; I used to go out and buy things foi 
 myself, and sometimes when I had more than I wanted Captain Wirz would buj 
 it from me, but I would make him pay for the trouble ; I made him pay foi 
 what I brought there, and twice as much ; I did not do it with anybody else 
 I never gave Captain Wirz any information ; I never did anything but brinj 
 him goods which I had bought for myself and gave them to him for money ; he 
 took me out of the stockade to go into the hospital and camp and interpret for anj 
 one who could not speak the English language. Captain Wirz treated me well 
 I had plenty to eat, and he put me in the stocks too ; I do not know what h( 
 did with others ; I know they did not like the treatment they had. 
 
 Captain Wirz took about thirty boys out of the stockade ; there was one oj 
 those little boys at Captain Wirz's house and another at the headquarters, ant 
 another at hospital headquarters, and another in the hospital. There weresom( 
 two or three more going about there, I do not knew where they belonged ; ] 
 heard Captain Wirz remark to one of the prisoners that he took the boys out o| 
 the stockade because it was not fit for them. I heard the man say that he wantec 
 to go out himself ; Captain Wirz said that he did not take out the boys to work 
 but that it was too miserable a place for the boys to live in. 
 
 By the Court : 
 
 I did not say that Captain Wirz knew that I was his countryman ; I mn] 
 have told him I was, some, time when I was outside, but before I went out he dit 
 not know it. One day he spoke German, and I spoke German too. Captaii 
 Wirz paroled me because I spoke several languages. 
 
 When I tried to escape the dogs found me out, and Captain Wirz camedowi 
 riding with Turner. He asked me what I was doing there ; I told him that i 
 was trying to run away. He asked me if I wanted to run away naked, and ; 
 told him I would have tried to get some clothes. He brought me to the hos 
 pital, where a steward gave me some clothes. I suppose he did not punish mi 
 because he thought 1 had suffered enough by passing my night with the dead 
 and having nothing to eat the day before. I saw other men besides myself whi 
 were not punished. I asked Captain Wirz not to send me back to the stockade 
 as I had suffered too much there. He then said to me, " Can you cut wood ?' 
 I said, " No, sir, I cannot do that, but I will try." This conversation was cat 
 ried on in Trench ; he could not speak Italian. Captain Wirz broughtme witl 
 him to the hospital and got a sailor's shirt for me from a dead man, and a pair o 
 black pants. Then I was brought back to the stockade. Sergeant Smitl 
 brought me to the stockade ; I staid there the whole of July and up to Angus 
 
TRIAL OF HENRY WIRZ. 523 
 
 28tb. I was out once during that time ; I went to the hospital to see a man, 
 that was all. Dr. White knew that I spoke several languages, and the priest 
 knew it. Another time that I was outside Captain Wirz took me up to the head- 
 quarters and told me that I could stay there. I acted as interpreter in the hos- 
 pital and in the stockade too. I belonged to the headquarters and drew my 
 rations with the other clerks there. Sometimes I was three or four days with- 
 out going to the hospital at all, and sometimes I would go in the morning and 
 come back in the afternoon. I spent all the rest of the time at headquarters, 
 when I was not in the hospital or inthe co.untry. I had no bed at headquarters ; 
 I slept on the ground. The headquarters were two large tents. I had no cov- 
 ering ; it was summer time, and we did not need covering. We slept inside of 
 tents. All the clerks at headquarters slept in the tent with me. I was on an 
 equality with the clerks at headquarters, and I drew the same rations. Our 
 rations at headquarters were the same as in the camp. We had enough to eat. 
 We had about one pound corn bread, a quarter or half a pound of meat and 
 rice. I got my rations at the cook house. The rations were not measured out 
 to us ; the cooks gave us just what we could use. We did not go and get as 
 much as we wanted ; there was a little note made out by Mr. Martin, the chief 
 clerk, which was brought up to the cook house, and there the messenger got 
 rice, bacon, pork, or whatever it was. I ate with the clerks. I took my meals 
 in the second tent near to where we slept. I wore black pants and a sailor's 
 Shirt. Captain Wirz gave them to me in the hospital ; they were got from a 
 dead man. I had a change of clothing while I was at headquarters ; I had 
 shirts made of sacks. I never went into the stockade with Captain Wirz ; I 
 never went anywhere with him. Captain Wirz was sick at his house and I went 
 there to ask him to let me go away with the sailors. I proposed to Captain 
 Wirz to let me go away, but he would not do it. He did not punish me for 
 making such a proposition to him. He told me he could not let me go, and I 
 returned to headquarters. 
 
 Q. If you wanted to escape so badly that you imitated a dead man, permitted 
 yourself to be thrown into a wagon with a pile of dead men, and remained in 
 the dead-house all night suffering from hunger, why did you not escape when 
 you had such liberties 1 
 
 A. I had given my parole of honor not to run away. I signed my parole at 
 headquarters. I think that parole bound me ; I gave my private parole not to 
 run away. I did not swear to tha parole, I only signed it. Captain Wirz 
 trusted his horse to others ; he gave it to Duncan, and to Mr. Bowers to get 
 yeast to make white bread for the sick. I do not know how far they went with 
 the horse. They were not on duty. They had flour for the sick men in the 
 stockade, and wanted to get yeast, and Duncan came and asked him for his 
 horse for that purpose. Duncan was acting as quartermaster. Bowers used to 
 bring in rations to the camp. Duncan and Bowers were rebels. I did not get 
 far when I attempted to escape ; I was right near by. I could not go away, for 
 I was naked, having nothing on but a pair of light drawers. I saw a man at 
 headquarters, who they said was an informer, riding Captain Wirz's horse, but 
 I did not see any one else. 
 
 THE CHARGES OF MUUDER AGAINST WIRZ. 
 
 By the Judge Advocate : 
 I saw Captain Wirz push soldiers into the ranks. I never saw him kick sol- 
 diers. I saw Captain Wirz menacing prisoners with a revolver ; he menaced 
 me too once. He held his revolver in his left hand ; he never used his right 
 hand except for writing. 
 
 WlRZ's ABILITY TO USE BOTH HIS ARMS. 
 
 Captain Wirz used his left hand in mounting his horse. He always used only 
 
524 TRIAL OF HENRY WIRZ. 
 
 could not use his two Lands. From the time I came out of the stockade until 
 I left, he was always very feeble. I do not know that the weakness of his arm 
 depended on his sickness ; I know that his arm was feeble. 
 
 STOPPAGE OF RATIONS. 
 
 { Eations were stopped inside the stockade on the 4th July. They were not 
 stopped altogether at any other time ; they were stopped from some squads. I 
 once saw that they did not bring anything at all inside ; that was the 4th of 
 July. No one at the south gate certainly got anything that day. On other 
 days I know that some squads or messes did not get their rations ; they were 
 squads who could not find men who were absent. So far as ray knowledge goes 
 rations were not stopped for a man running away, but they were stopped until it 
 was found that the man absent had run away ; after that was found out they got 
 their rations. It was not the order to stop the rations of the whole division if 
 one man ran away. A confederate sergeant for instance would find that a man 
 was absent, and would ask the sergeant of the squad where he was. The ser- 
 geant of the squad would not know. Men would be sent around the camp to ■ 
 look for him. Sometimes a man would be found sick in his tent who had not 
 received any rations for one or two days. The camp police often found men so, 
 and often bucked and gagged sergeants for allowing it. I have known some 
 men to be without rations for two days. On that 4th July I got nothing to 
 eat ; I ran away because I did not like the prison ; there was very poor eat- 
 ing in the prison. I could stand it myself, because I was always very healthy. 
 Out of ninety-one countrymen of mine only four died. We were healthy and 
 used to that kind of living, but I know that a great many other men died. 
 
 Q. Did you allow yourself to be put into the dead-wagon, laid along with 
 corpses, and left in the dead-house all night for the purpose of escaping from a 
 place where you got enough to eat ? 
 
 A. Yes ; that dead-house was a hoiTible place. I was lying alongside of 
 4ead bodies ; some of them had gangrene, and some had their legs off. 
 ' Q. And you subjected yourself to all that suffering merely to escape from a 
 place where you got enough to eat 1 
 
 A. I told you that I did not have enough to eat, but I could stand it. A 
 rebel came in with the wagon and issued the rations to the sergeants of the 
 squads. The sergeants divided the into three parts. I can say by my sight 
 that no rations were given out on the 4th of July. I cannot tell whether the 
 sergeants kept rations from the men on the 4th of July. The rations were 
 not stopped at that time because federal sergeants would not give them to the 
 men. I spoke about particular men. I said that, if the sergeant wished, he 
 might just as well make twenty-nine instead of twenty-eight rations, and let me 
 have mine. All I know in that respect is what I suffered from the hands of one 
 sergeant. I do not know whether the sergeants kept rations out of the hands of 
 soldiers. If they asked the rations the confederate sergeants would give them to 
 them. I know of other federal sergeants keeping rations from federal soldiers 
 There was a man belonging to a squad on the north side of the camp, who used to 
 come down to us, his countrymen, who were on the south side. On some occa- 
 sions he got up too late for the distribution of rations, and he did not get any. 
 The sergeant kept his ration, because he was not present at roll-call. This 
 applied to particular persons. I cannot speak generally. When rations were 
 stopped from a division the federal sergeants were not responsible ; they were 
 not to blame. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I saw thirty boxes brought into the stockade, but understand they were small 
 boxes — every size that families sent to soldiers in the army. Those were the 
 only boxes I saw in the stockade. I saw three boxes afterwards. The thirty 
 
TRIAL OP HENEY WIEZ. 525 
 
 boxes that I saw was when I was inside the stockade. The contents of these 
 boxes were distributed to the men. The names were upon these boxes. Some 
 of them were directed " by Kichmond," and there were those red ticliets upon 
 them — express tickets, I suppose. I do not know where the boxes came from. 
 The boxes were given to the soldiers who owned them. I saw one man open- 
 ing bis box. I saw the boxes after they were opened, and I know they were 
 opened by the men who owned them. The box that I saw opened contained a 
 comfortable, two pairs of draws, two shirts. 
 
 Q. Was he allowed to keep them ? 
 
 A. There was no one there to impede him or take them away. He kept 
 them. 
 
 PRISONERS SHOT BY WJRZ'S ORDER. 
 
 I witnessed the death of Ohickamauga. Some of the men were saying that 
 this man was a poor cripple, and they pitied him, and some there who knew who 
 he was — a great part — cursed him. There was not a great deal of noise. I do 
 not know their pm-pose or intention, but I know they got him out of the dead- 
 line and back into the camp. That was before Captain Wirz left the camp. 
 The guard snapped his piece once before he fired. The guard pulled up his piece 
 and cocked it again ; he looked out, pointed it at Ohickamauga, and shot him 
 through the head. I next saw Captain Wirz about eight or ten days afterwards. 
 I did not see him again on that occasion. After Chickamanga was shot, I fol- 
 lowed on, first to about the middle of the camp, to see where he went, and then 
 I got back to my tent. I was badly lamed at that time. After the shooting, 
 I saw a man with the sentry at the sentry-box from my tent. It was long 
 enough after that for me to make fifty steps. It took me about five minutes to 
 go to my tent. I looked back from my tent, and saw some one besides the sen- 
 try at the sentry-box. I do not know who it was. I cannot say whether 
 Captain Wirz went to the sentry-box or not — I am not sure. I saw the sentry 
 at the sentry-box. Captain Wirz was not beside him; the sentry was alone. 
 In about five minutes afterwards I looked up to the sentry-box and saw a man 
 there besides the sentry. I looked up after the sentry fired. I heard here in 
 court that Captain Wirz went up to the sentry-box immediately after the shot 
 was fired. I cannot say that it is the fact. I cannot swear that Captain Wirz 
 did not go up to the sentry-box at that time. I swear that I do not know. I 
 swear that I heard men say so here in the court, but I don't know it myself. 
 
 Q. Do you swear that you did not hear his voice after he went out of the 
 stockade 1 
 
 A. As soon as the gate was closed I could not possibly hear his voice. 
 
 Q. Do you say it was not possible for anybody to hear from inside the 
 stockade. 
 
 A. I do not know as to other ears. I said it was not possible for me to 
 hear it. 
 
 Q. Was it possible for anybody else to hear him ? 
 
 A. Believe it was pretty hard. 
 
 Q. Do you swear that he did not give orders to the sentry to fire at Ohicka- 
 mauga 1 
 
 A. I swear that I did not hear him. 
 
 Q. Do you not recollect that the sentry said that he would not fire, and that 
 he refused to fire ? 
 
 A. I do not know, and I cannot swear that the sentry did say something, and 
 I could not tell what he said. 
 
 Q. Did he hesitate to fire ? Did he refuse or appear to regret to fire ? 
 
 A. I did not see anybody order him to fire. Before he fired, he did look 
 down this way and that, and then he fired. I was called, in the army, a blind 
 
526 TRIAL OF HENEY WIRZ. 
 
 man. I have big eyes, but a very short development of sight. I am not a 
 blind man, but I am very short-sighted. I could not tell at a distance of fifty 
 feet whether it was Captain Wirz. I cannot see at that distance whether a man 
 has a beard or not, or whether he is a negro or a white. When I wear short- 
 sighted glasses, I can see pretty well. I had no glasses on at that time. I see 
 a man there — (pointing to where the prisoner sat) — I see a man there with a 
 black beard, but I cannot swear that it is him. There is a man standing in the 
 light among the audience. I know him because he is a friend of mine, but I 
 could not recognize a person with whom I was not acquainted. I would not 
 rely upon my recognizing a man, with whom I was not very familiar, at twenty 
 feet distance. 
 
 THE CREDIBrHTY OF THE WITNESS, FREDiBICK GtJSCETTI. 
 
 I have been a good deal employed in doing nothing since 1 came to this city. 
 I wrote an article before I left New York; I did not write it myself, but I 
 furnished it to a lawyer named Reichart ; he wrote the article. He asked me 
 if I was willing to sign my name to it, and I said yes. That article was published 
 in the Daily News. It was nothing but asking some funds for the defence of 
 Captain Wirz, as he was a poor man. It was put in the paper long after the 
 thing was written. It was published about the 27th or 29th of last month. I 
 am sure it was written in New York. When Captain Wirz used to send me out 
 to the farms to buy goods for his house, he often told me that the money he gave 
 me he had to spare from his pay ; I have heard him say the like to others at his 
 wife's farm. On that authority I stated to the world that he was a poor man. 
 1 stated nothing but that. I have a copy of the letter. 
 
 Q. Is this (handing to the witness a printed slip of paper) the letter ? 
 
 A. Yes, that is the letter. I have a copy of it. 
 
 Mr. Baker, I object to this course of examination. It is a subject I have not 
 examined at all. I was held to the strict rule that I could not cross-examine 
 on any subject that was not touched in the direct examination. 
 
 The PaF-siDENT. You would not try to affect the credit of your own witness. 
 
 Mr. Baker. I did not try to affect the credit of any witness or throw any 
 slur upon him. 
 
 The Judge Advocate. I want to discredit this witness in any way I can. 
 
 Str. Bakkr. You can try to discredit him in any way the law permits, but 
 you are held to the rule that you cannot cross-examine the witness upon any 
 subject upon which I have not examined him. 
 
 The President. Counsel would have a right to discredit witnesses for the 
 government it he thought proper. 
 
 Mr. Baker. So far as any discredit from writing this letter is concerned, I 
 consider it an honor to this witness. Therefore I do not stop the examination 
 upon that ground. 
 
 After deliberation the objection was overruled, andthe judge advocate read the 
 .following letter : 
 
 "^ TRIAL OF CAPTAIN WIRZ. 
 
 To the Editor of tlie New York Neios : 
 
 Captain Henry Wirz, at present on trial before a military eommission at Washington, is a 
 poor man, having a wife and three children depending on the charity of friends for their sup- 
 port. He is entirely without the means of defraying those expenses which are unavoidable 
 for a person who must singly and alone defend himself against the prosecution of the govern- 
 ment. The sentiment in favor of a fair and perfectly just trial of any and all the state 
 prisoners is so universal, that some of the personal friends of Captain Wirz take this method 
 of appealing to all such as may feel interested in knowing that the accused has not Wanted a 
 fair and full opportunity for presenting the whole of his case in its true aspect before the 
 tribunal charged with deciding his fate. Hence they ask for contribution of funds for that 
 purpose, to be sent to the editor of this paper, to be by him forwarded to the consul-general 
 of Switzerland at Washington. 
 
TRIAL OF HENRY WIRZ. 527 
 
 It is hoped that the countrymen of Captain Wirz, and the adopted citizens generally, will 
 feel it a duty devolving upon them especially, without allowing other considerations to 
 prejudice his case. 
 
 All acquainted with facts in the case, and willing to testify for Captain Wirz, are requested 
 to forward their names and address to L. Schade, esq., attorney at law, Washington, D. C, 
 with a statement of what they can testify to. 
 
 F. 6USCETTI. 
 
 (Western papers please copy.) 
 
 Q. How did you happen to take such extraordiuary interest in this case ? 
 
 Mr. Baker. I object to the question. In the first place the judge advocate 
 assumes that the witness has taken an extraordinary interest in this case. 
 
 The Judge Advocate. It is a fair assumption from the letter I have just 
 read. 
 
 Mr. Baker. The letter is a very just letter, and one that would do credit to 
 the judge advocate or anybody else. I only wish it was myself who had writ- 
 ten it. . 
 
 After deliberation the objection was overruled and the question was repeated 
 to the witness. 
 
 A. I was always, myself, treated well by Captain Wirz, and when I wrote 
 this article, or had it written, I was in company with several other men who had 
 been treated well by Captain Wirz. They said they could not come here as 
 witnesses for him. I implicated nobody in the letter, but stated what I wished 
 to see, that he should be tried justly. 
 
 The Judge Advocate. You need not argue the case. 
 
 WiTXESS. I did not argue the case. 
 
 The JuDG B Advocate. You felt yourself friendly to Captain Wirz 1 
 
 Witness. Yes, I felt grateful to him for what he had done for me. 
 
 The Judge Advocate. It seems that you ruled Captain Wirz down there, 
 rather than he you ; explain that. 
 
 Mr. Baker. I ask the court not to permit this class of questions. 
 
 Question withdrawn. 
 
 PRISONERS VFHIPPED BY WIRZ'S ORDER. 
 
 Q. You started out *:o tell about an affair with the colored man Hawkins, 
 and you ended with the colored man Fisher ; what had Hawkins to do with the 
 matter, and what had Fisher to do with it, or had either anything to do with it 1 
 
 A. There were only two what they called white negroes — mulattoes — in the 
 prison, who used to go out to work, and these were the men. I told you I did 
 not wish to report who the men were ; I knew well enough who they were. 
 
 Q. Did you know that they went out to get potatoes 1 
 
 A. It was too dark to see who they were. You interrupted me in telling the 
 story. I knew who the men were. I did not give orders to the negro to take 
 the potatoes ; I was out with a white man. The darkey stole the potatoes and 
 I took them away from the darkey ; he stole the potatoes and I took possession 
 of them. 1 had to report the facts to Captain Wirz the next day. I had to say 
 that we took them away from him. We intended to use the potatoes ourselves ; 
 we did not intend to give them to Captain Wirz. If to take them from another 
 thief was stealing, then I stole them. 
 
 By the Court : 
 
 I did not tell Captain Wirz that Hawkins stole the potatoes. He asked me 
 
 from whom I got them, and I told him all I have said about it. It was Mrs. 
 
 Smith that told him about Hawkins. Hawkins was not whipped in consequence 
 
 of my statement ; he was whipped on what Mrs. Smith said to Captain Wirz. 
 
528 TRIAL OF HENEY WIEZ 
 
 THE ABSENCE OP CAPTAIN WIBZ PROM ANDBRSONVILLE IN THE SUMMER 
 
 OF 1864. 
 
 By the Judge Advocate : 
 I cannot swear certainly what day in the middle of September Captain Wirz 
 was sick and confined to bed. It was when the sailors were sent off. I went 
 out to Captain Wirz's house and saw him in his bed with his wife in the room 
 near him. I asked him in French if he would allow me to go away with the 
 sailors. He told me he could not do it ; that he had orders only to send away 
 sailors, white and colored. At that time Captain Wirz was on duty, but Ser- 
 geant Smith attended to his duty when Captain Wirz could not corie. Captain 
 Wirz was sick two or three days ; I think for near three days he did not come 
 to headquarters. That was the time the sailors left there. I was not out of the 
 stockade before when Captain Wirz was sick. I knew that he was sickly, but I 
 did not know that he was sick at home. I knew nothing about Captain Wirz 
 being sick then, only after I was out of the stockade. Captain Wirz was sick 
 three days after I came out of the stockade ; that was the only time. He was 
 always sickly. 
 
 VACCINATION. 
 
 I saw men vaccinated only once. I saw about 500, but there might have 
 been 6,000 vaccinated. I saw a lot going down to be vaccinated. I know that 
 they went for the purpose of being vaccinated. I think they were vaccinated. 
 I saw some 500 men go down in two squads to where the doctors were vacci- 
 nating. I was in camp when I saw them. I did not go with them. I saw them 
 when they came back, holding their arms as if they were vaccinated. I saw 
 30 myself there in the camp, sick, or after they were dead, who had suffered 
 from vaccination. I saw some of them at the dead-line in the dead-house. I 
 was vaccinated, and washed my arm afterwards. I had the shirt cut off above 
 
 . where I was vaccinated. I washed my arm because I was told it would do me 
 good. When I was vaccinated in the old country I did not do that. I did not 
 say that those who washed the vaccinated sore did not get sick, and did not 
 lose their arms ; I said that myself and my friends did that, without knowing if 
 it would be good or not. We did not suffer from the vaccination. The men 
 around me — 5, 6, 8, 10 — washed their arms after the vaccination. I only saw 
 30 men who suffered from the vaccination ; I saw some 500 men going to be 
 vaccinated, and I saw them coming back as if they had been vaccinated; I saw 
 them coming back the same day. That was the only time I saw them. I only 
 know of some 30 who were sick from vaccination. The others might have been 
 
 I all sick, but I only saw some 30 of them. 
 
 Oqtobek 3, 1865. 
 
 Antonio Manoni, for the defence : 
 
 I have been in the United States army, in the 7th Connecticut regiment., I 
 was in the United States army three years. I was a prisoner at Andersonville. 
 I arrived there on the first of May. I remained there five months. I went 
 away on the 15th of September. We were sent to Florence, and on the way I 
 escaped by jumping from the cars, and on the 23d day of October came within 
 our lines and was sent to Beaufort, and thence to an island the name of which I 
 do not know. 
 
 At the suggestion of the judge advocate, the further examination of this wit- 
 ness was postponed until the services of an interpreter could be procured, he 
 being unable to speak the English language so as to be understood. 
 
TRIAL OF HENRY WIEZ. 529 
 
 THE REPUTATION OF CAPTAIN WIRZ PREVIOUS TO HIS GOING TO ANDER- 
 
 SONVILLE. 
 
 Joseph Thuringbr, for the defence : 
 
 I am a soldier in the army of the United States. I belong to the 18th vete- 
 ran reserves. I know Captain Wirz. I saw him when I was a prisoner under 
 him at Tuscaloosa, Alabama; it was in 1861. 
 
 Q. Stale what happened there. 
 
 The Judge Advocate objected. He supposed the purpose was to prove pre- 
 vious good reputation, which could only be done by asking questions directly on 
 that point. In establishing reputation particular acts could not be given but 
 only general reputation. 
 
 Question withdrawn. 
 
 Captain Wirz at that time was a sergeant. There were 24 of us prisoners 
 sent there at that time. I found about 500 there. I was under the charge of 
 Captain Wirz. I have given him money. I was sent there on the 24th of De- 
 cember, 1861. I remained there till the 1st of March, 1862. 
 
 Q. State about that money business. 
 
 The President. What is your object, Mr. Schade? 
 
 Mr. Schade. What I propose is simply this : the prisoner has been charged 
 with obtaining or receiving money from Union soldiers or taking it away from 
 them and not returning it. I propose to show by this witness that in 1861, 
 whilst the prisoner was in command of the Tuscaloosa prison, he received be- 
 tween $700 and $800 in gold from Union prisoners, this witness being one of 
 them ; the money was given to some officer under Captain Wirz, and the next 
 morning Captain Wirz came and informed the witness and other prisoners that 
 he had received the money and they might draw as much as they wanted ; that 
 they did so, and that the day before they left he returned them the balance. I 
 put this witness on the stand for the purpose of showing previous good conduct 
 in this respect on the part of Captain Wirz, 
 
 The Judge Advocate. The point the government makes against this evT- ' 
 denee may be embraced in two propositions : First, that the defence is an im- 
 proper and immaterial one, for the reason that a man may have led an honest 
 life up to 24 hours before he commits a premeditated murder, and it does not 
 matter what his good conduct may have been up to that time, or if it does it 
 can only be shown by general reputation. The offences charged against the pris- 
 oner at Andersonville, in other words, cannot be defended by showing good 
 conduct prior to his going to Andersonville. The second proposition of the gov- 
 ernment is that he can only enter into that subject as the books lay down, by 
 first asking whether the witness was acquainted with the previous reputation of 
 the prisoner, and then what that reputation was ; but particular acts cannot be 
 entered into to show good reputation, and the reason of it is very obvious. 
 Captain Wirz might have committed twp, three, or four kind acts, and yet have 
 committed 93 of the 100 very mean and cruel acts. These are the reasons why 
 the evidence is objectionable. 
 
 Mr. Schade. The object I had in view was merely to show the generat 
 character and disposition of the prisoner. This man is charged with crimes 
 sufficient to hang 10,000 men, and we are trying to show that his disposition 
 four years ago, while he was commanding a prison where he had the same facili- 
 ties for ill-treating prisoners, was a good one, and that he never committed any 
 such acts as now are charged against him. I think I do not trangress the rules 
 of law in the question I ask ; I will, however, condne myself to asking the 
 question as the judge advocate suggests it. 
 
 Q. Were you at that time acquainted with the general character of the pris- 
 oner as to kindness and humanity 1 
 
530 TRIAL OF HENRY WIRZ. 
 
 The Judge Advocate. The question is, whe'her at that time, from Decem- 
 ber to April, you made yourself acquainted with his general reputation for kind- 
 ness and humanity among the prisoners. 
 
 Witness. Yes, sir. 
 
 Q. State what it was. 
 
 A. He always treated right every man in the prison. One was treated as 
 well as the others ; we had the same rations. 
 
 Q. Had you rations sufficient? 
 
 Objected to by the judge advocate and question withdrawn. 
 
 Q. You do not know of any ill-treatment of prisoners by him? 
 rObjected to by the judge advocate and question withdrawn. 
 
 Cross-examined by the Judge Advocate : 
 
 In that prison I never heard Sergeant Wirz's reputation discussed. I never 
 heard it mentioned at all. I never heard it mentioned one way or the other ; 
 we were separated from the others, eight of us being in one room. 
 
 Q. Then all you know is what you observed in regard to his treatment of 
 the eight? 
 
 A. I did not go around much in the prison. I used to go out once in a while. 
 I never heard any of our men mention anything about him one way or the other. 
 I was there from December, 1861, till the Istof March, 1862 ; Captain Wirz was 
 there all the time. I am sure it is the same person. 
 
 COUNSEL FOR THE ACCUSED APPLY FOR AN ADJOURNMENT OF THE COURT TO 
 GIVE THEM TIME TO PREPARE THE DEFENCE. DECISION. 
 
 Several witnesses for the defence were called, but failed to appear. 
 
 Mr. ScHADB. The court will remember that when the prosecution closed, we, 
 the counsel for the prisoner, asked for eight days' time to prepare the testimony 
 for the defence. It was refused at that time, and though we had come into the 
 case at a vtry late hour, without having had time to make ourselves acquainted 
 with the testimony for the defence, we did everything in our power, working 
 night and day, to be ready and bring in our testimony. The health of both of 
 us has been impaired by this hard work, and we ask now that more time may 
 be granted, particularly as the most important part of our testimony is yet to 
 come in, so that we can do justice to the prisoner as well as ourselves. In order 
 to save the government unnecessary expense, we have discharged this morning 
 several of our witnesses whose testimony has become unimportant or irrelevant on 
 account of the rulings of the court. Others of our witnesses are expected every 
 day. It is impossible for us to go on with the case unless we have that time 
 which I now ask, and in my opinion, and I think the court will share in that 
 opinion, the government will not be a loser by it; on the contrary we will then 
 be enabled to finish this trial much sooner than we could under other circum- 
 stances. We might have been able to go on to-day with four witnesses if they 
 bad been here, but still the time would have come when the question which I 
 am now raising would have been raised. I hope the court will do us justice in 
 this respect. We have been doing as much as we could do ; we have never 
 murmured at anything that was ordered to done. We are fully aware of the 
 importance of this trial and the consequences thereof, and we cannot as men of 
 honor go on without knowing positively that we are able to do justice to the 
 prisoner as well as to ourselves. I ask therefore that the court may adjourn until 
 to-morrow a week, the 11th of October. 
 
 The President. I understand that you have witnesses in this city and in 
 attendance here. 
 
 Mr. Schadb. We have such witnesses in the city, but they are absent. lam 
 ready to go on whenever the witnesses I have called appear ; but then at the 
 same time we have overworked ourselves, and we must have more time to do 
 all we can do and that we ought to do. 
 
TRIAL OP HENRY WIRZ. 531 
 
 The President. Your plea is not a good one while you have witnesses in 
 attendance. 
 
 Mr ScHADK. "We have some in the city. 
 
 The Prf.side.\t. Then go on with them. 
 
 Mr. ScHADE. They are not here. If the court is willing to wait, I have no 
 objection at all ; but the point is this, that with regard to other witnesses we 
 must have time to prepare them. 
 
 The President. Where are your witnesses — the ones that you were going 
 to examine to-day ? 
 
 Mr. ScHADK. I ordered them to be here this morning, and we are waiting for 
 them. I do not ask the adjournment to-day, but to-morrow. I am willing to 
 go on with the witnesses I have here. I have merely made this statement that 
 the court might know what we want to have done. 
 
 The President. Is the court disposed to adhere to its former decision on this 
 subject 1 
 
 A Member ok the Court. An application for a week's delay has been refused 
 already, and I do not see why it should be granted now. 
 
 The President. The decision of the court, Mr. Schade, is, that you must go 
 on with the witnesses who are in attendance. 
 
 Air. Schade. Then the court must wait until those witnesses come. 
 
 The Judge Advocate. There are other witnesses for the defence here. 
 
 Mr. ScHAUE. I am not prepared to examine them now. 
 
 The Judge Advocate. I do not think the court or anybody else is responsi- 
 ble that you have not attended to your own business. Now, I know as a matter 
 of fact that preliminary examinations can be had at the rate of twenty- five wit- 
 nesses a day, and every adjournment of the court has been as much for the 
 benefit of the defence as the prosecution. Most of their witnesses now here 
 have been here over a month ; they were subpoenaed when Judge Hughes and 
 his associates were in the case. Every power that the government has, has 
 been brought to bear to enable the defendant to bring his witnesses here, just as 
 many and whom he pleased; in no case has an application been refused. Cer- 
 tain witnesses that the papers intimate will be here have not been subpoenaed, 
 and not yet asked for, though an intimation has been made that they will be 
 asked for, but every witness whose name has been handed in has been subpoe- 
 naed. The government, through this court, has ordered that the accused be 
 furnished with a copy of the record at the expense of the government, a thing 
 unheard of heretofore. There are two counsel, whom the court are bound to 
 presume are competent to conduct the case. One of the counsel could examine 
 the witnesses preliminarily, and the other conduct the examinations in court. The 
 court sits from ten till three o'clock, only three hours of which time are occu- 
 pied in taking evidence. Therefore up to twelve o'clock these preliminary ex- 
 aminations could go forward, and after three o'clock and up to ten o'clock in the 
 morning there is certainly time enough to prepare each day's work. Now my 
 associate and myself do not feel, on the part of government, like doing anything 
 improper or crowding the defendant to the wall in any particular, but the record 
 will show that he has had every indulgence within the law and a great many 
 outside of the law. I hope, therefore, that the court will require the counsel to 
 go forward immediately, and that Mr. Baker will be sent for, or that some reason 
 will be given better than we have yet had for any further delay. 
 
 Mr. Schade. The judge advocate states that he can examine preliminarily 
 twenty-five witnesses a day. He forgets, however, that the testimony for the 
 prosecution comprises not less than 3, .500 pages of foolscap, and there is not one 
 point, or two, that we have to meet by other testimony — about a hundred or more ; 
 we have, therefore, when we put a witness on the stand, to ask him a hundred 
 or more questions, particularly if he was at Andersonville when Captain Wirz 
 
632 TRIAL OF HENRY WIRZ. 
 
 I think the gentlemen of the court will at least concede that after being confined 
 here from ten till three o'clock, it is pretty tiresome to have to sit down again 
 for three, four, or five hours to examine more witnesses, and to do this from day 
 to day. I do not ask the court to do anything out of the way, but I state that 
 we must have more time if we have to go on with this trial at all. That is the 
 opinion of my colleague as well as myself 
 
 The President. I can understand why one of- you is required to be present 
 during the examination of witnesses here, but I cannot understand why both 
 are. One of you certainly can be making preliminary examinations. 
 
 Mr. ScHADE. If we only had to disprove one or two facts that might be pos- 
 sible, but, as I have stated before, we have to disprove a hundred facta, and 
 therefore we cannot do it. We must be very careful in the preliminary exam- 
 ination of our witnesses. 
 
 A Member of the Court. This trial has been going on for a very long time, 
 and it seems to me I could have examined ten times the number of witnesses 
 you have brought here, or anybody else could. After half a dozen witnesses 
 had been examined, any lawyer could see what the line of defence was, but if you 
 are not prepared with the line of defence, you will not get riirougli at all. We 
 shall sit here month after month and not finish the case. 1 think you have had 
 ample time, and I am not disposed to give any more. 
 
 Another Member ok the Court. You had better examine the witnesses you 
 have here. 
 
 Mr. Sohade. Those I propose to put on the stand are not here. 
 The President. Mr. Schade, you must take some action about this matter. 
 Mr. ScHADB. I cannot do anything; the witnesses are not here; I must wait 
 until they come. 
 
 The Judge Advocate. I suggest the time be granted for Mr. Baker to 
 arrive. 
 
 The President. Mr. Schade, do you wish Mr.''Baker sent after? 
 Mr. Schade. I expect Mr. Baker here almost every moment. 
 The President. We cannot wait for Mr. Baker's pleasure; that is perfectly 
 absurd. 
 
 Mr. Schade. I cannot help it that Mr. Baker is not here. 
 The President. You seem to be very indifferent about it. 
 Mr. Schade. I do not see that I am indifferent. I am not indifferent. It is 
 because I have the interests of this man at heart that I ask a postponement. 
 
 The President. That is not the point. You seem indifferent about going 
 on with the trial. I understand you to say that if we do not give you this time 
 you ask, you will have nothing more to do with the case. 
 
 Mr. Schade. I simply say that if we have not time we cannot go on. 
 The President. That is very frank. We may as well decide what shall be 
 done. Let the court be cleared. 
 
 The court was cleared for deliberation, and when the doors were reopened 
 The President said : Mr. Schade, by reference to the records, we ascertain 
 that there are some seventeen witnesses for ihe defence now in attendance in 
 this city, exclusive of those whom you have already examined and those whom 
 you have discharged because you do not wish to examine them. Under the 
 circumstances, therefore, the court are of opinion and decide that you must go 
 on and exhaust the testimony of those seventeen witnesses ; and if you do not, 
 the court will then take the matter into its own hands and assign the judge ad- 
 vocate or assistant judge advocate to proceed with the examination of such wit- 
 nesses as have been summoned by you. 
 
 Mr. Schade. I cannot say any thin; till I have consulted my colleague. 
 The PREsmBNT. It is your colleague's business to be here, not our business 
 to send for him. He knows the houi-s of our session and the place of our meet- 
 ing ; and we cannot wait on him. 
 
TRIAL OF &ENEY WIRZ. 533 
 
 After an interval of some minutes, no witnesses being present, the court took 
 a recess till two o'clock p. m. 
 
 On the re-assembling of the court. I 
 
 Mr. Baker (who had come into court during the recess) said: I beg leave I 
 to state to the court that having learned what has taken place here to-day as 
 well as I could, I am here simply to say that I do not see how I can possibly 
 go along with this case in the way in which I am obliged to do now. When 
 the defence commenced, I had some witnesses whose testimony I had gone over, 
 and their testimony was in such a condition that I have been able to go along 
 thus far until yesterday. Yesterday the court could see what difficulties I was 
 Buffering under. In regard to the witnesses whom I last had on the stand, in 
 my hurry to relieve the court from the unpleasantness occasioned by the stum- 
 bling way in which we had to get along, I let the witness off before I got 
 through with him ; and I found, when I got to my office last night, that on three 
 or four of the most vital points 1 had entirely neglected to question the witness. 
 This was because I saw that the court was getting impatient, and I desired to 
 get along as fast as I could. Now, we have a number of very important wit- 
 nesses for this defence; I may say, indeed, that they constitute our defence. 
 Those witnesses I cannot put on the stand until I have consulted with them and 
 arranged their testimony. It would be utterly futile for me to attempt to fol- 
 low this extensive case by putting these witnesses on the stand and questioning 
 them at random. Certainly, if we have any defence, it seems to me that we 
 ought to have reasonable time to get it out of our witnesses. I have discharged 
 some witnesses that have come to me since I have been going on with the de- 
 fence, because they did not seem to be very material, or because, although their 
 testimony embraced some points which were quite important, yet in «iy anxiety 
 to relieve the government I let them go. I have discharged some without 
 examining them at all, so as to relieve the government, as far as possible, 
 expense. Now, then, if there can be any compromise between the desire of this 
 court to keep us going every day and our desire to have some days to prepare, 
 I wish it could be done. I wish we could have time to prepare our testimony 
 in such a shape that we could examine our witnesses intelligently and let them 
 go. Certainly, to put witnesses on the stand without knowing what they would 
 testify is almost an insult to this court. I must say that I cannot do so. I 
 would not thus stop and cause a break in the progress of the trial, unless I felt 
 obliged to do so. I work as hard as any man can ; but I do not see how I can 
 go any further. I will state for the information of the court — perhaps it may 
 have some effect on its decision — that I this morning suggested to my associate 
 the propriety of trying to obtain some one as an assistant, who would come into 
 court with him and examine the witnesses, while I would stay in my office going 
 through the testimony of witnesses, putting it in the form of questions and send- 
 ing the wi*jnesses here to be examined. In that way, I think, we could expedite 
 matters and make things run smoothly. I have quite a reasonable prospect of 
 obtaining such an assistant in two or three days, a gentleman having promised 
 that he would look over the case, and having given a favorable intimation that 
 he would take hold of it. If that arrangement can be consummated, I will work 
 in my office as hard as I possibly can in preparing testimony, and I will try to 
 keep the business of the court going on. I will do anything else that is practica- 
 ble in order to expedite the trial. But as to putting witnesses on the stand 
 when we have had no opportunity to talk with them and to know the points to 
 which they will testify, the court must see that such a proceeding would be 
 almost a mockery of a trial. "---J 
 
 The President. The court has repeatedly manifested a disposition, Mr. 
 Baker, to be as liberal towards you as possible. In civil courts, nothing is more 
 common than to continue cases on account of the absence of witnesses ; but I 
 think that in the experience of the last half century you cannot find a single 
 
.'>34 TEIAL OF HENEY WIEZ. 
 
 instance in which a court allowed a continuance in order to enable counsel to 
 arrange testimony, or, what is ec[uivalent, (to use the common term.) to drill wit- 
 nesses. I do not use the word " drill" oflPensively ; but you have spoken of 
 arranging the testimony of witnesses in the form of question and answer. I am 
 satisfied, for my part, that the decision which the court has made upon this point 
 is strictly right. 
 ^Mr. Baker. I did not know that there had been any ruling on this point. 
 
 The ■President. Yes, sir; we cleared the room for deliberation, and subse- 
 quently announced our decision. The reporter will please read that decision 
 for the information of counsel. 
 
 Mr. Bakek. It is not material for me ; but I had not been informed about it. 
 Allow me to say one word further. It has been imderstood that, during the 
 progress of the evidence for the prosecution, the prisoner prepared questions to 
 be put to witnesses ; but, on examining those questions, I find sometimes a 
 whole page, of which not a word could be allowed here. Many of the ques- 
 tions, of course, bring to me information and suggest to me points to be gone 
 over with the witnesses ; but still those questions do not expedite the exami- 
 nations before the court, because I have almost as much trouble in avoiding 
 what is improper as I would have if I had not these questions at all. Tlie 
 government had ample time in preparing the case for the prosecution ; they also 
 had one or two adjournments to do what they called sifting out and arranging 
 their testimony. The government, in the examination of its witnesses, had very 
 full statements as a guide in putting questions ; and the court must see that 
 unless we can be prepared in the same way, we can never get througii decently 
 with any witness, especially when there are so many points to be examined. 
 
 The Prhsidbnt. There was not an hour of that time a'ccorded to the judge 
 advocate, which might not have been made equally profitable to you if you had 
 used the same measures. 
 
 Mr. Baker. The President neglects to notice that we had no idea of the 
 case until it started, and that, while we were going on from, day to day, we 
 must keep track of the witnesses put upon the stand for the prosecution. 
 
 A Member of the Court. There was a firm which had charge of the de- 
 fence before the trial began, and one of the gentlemen who was then engaged in 
 it is now here. 
 
 Mr, Baker. If my colleague would go on with this case in court, I would be 
 very glad to have him do so. I proposed to him this morning to try to go on 
 in court, and allow me to arrange testimony in my office and send the witnesses 
 to him from day to day. I should be very glad if some such arrangement could 
 be made. If 1 know my own heart, I know that I do not want to give up this 
 case ; I do not want to sacrifice this defendant ; but if it comes to the point that 
 I must go on with witnesses before I have any opportunity to know how they 
 will testify, I must relinquish the case. I am willing and ready to do all that 
 I can ; I have shown the court my willingness by working, as I have done, the 
 last ten days ; but I entreat this court not to ask me to do what I cannot do. 
 I am now doing every day two men's work. I am examining witnesses from 7 
 o'clock in the morning until 11 o'clock, when it is time to come here. Agaiu at 
 half past 3 I am in my office, where I work until dark. I do one day's 
 work in court and another day's work at my office. How can any man work 
 more 1 
 
 The President. All that we cannot help. 
 
 Mr. Baker. I know you cannot, and I regret that I am in such a situation 
 that I have to ask these favors. I regret very much to be put into such a posi- 
 tion that I cannot go on, because I cannot do any more work. Anything I can 
 do I will do most willingly. 
 
 Mr. Schade. In reply to the remark made by a member of the court, I desire 
 simply to say that up to the time when this trial commenced Judge Hughes and 
 
TRIAL OF HENRY WIRZ. 535 
 
 'the other members of that firm had had the whole management of the defence. 
 I did not then know anything of the case. 
 
 Mr. Baker. If any member of the court, or either of the judges advocate can 
 name any professional man who can be induced to take hold of this case and 
 assist in it, I will work most heartily in co-operation: with him, either in court 
 or out of court. 
 
 'I'he reporter, by direction of the president, read the decision of the court, 
 previously announced on the application made by Mr. Schade. 
 
 The Assistant Judge Advocate. Several witnesses for the defence with 
 whom Mr. Schade has conversed, so as to be cognizant of their testimony ,.have 
 come in since the recess. I should think that the court, under the circumstances, 
 might go on with their examination, and perhaps this afternoon accord to Mr. 
 Baker the time which he wishes to prepare the testimony for to-morrow. I hope 
 that it will not be thrown upon the representatives of the government to carry 
 on the defence, as it will certainly be much more easily grasped and presented by 
 those who have followed it from the beginning. 
 
 Mr. Baker. The court, I think, must see that by driving us every day in this 
 way, giving us no adjournment, we shall be compelled to go on in this stumbling 
 way for a week or a fortnight. 
 
 The President. You have heard the decision of the court. We must have 
 your decision one way or the other. 
 
 Mr. Baker. The assistant judge advocate has this moment suggested to me 
 that he may be able to furnish me with a short-hand reporter to-morrow to assist 
 me in the preliminary examination of the witnesses. I am willing to try that. I 
 shall regret very much to give up this case; but if I must give my answer 
 now, I think I must say that I cannot go any further. I say this with heart- 
 felt regret. 
 
 The Assistant Judge Advocate. I would like Mr. Schade to state whether 
 he has or has not witnesses to put on the stand to-morrow. 
 
 Mr. Schade. I have some, but not a sufficient number to fill up the whole 
 ticde. 
 
 The Assistant Judge Advocate. In the event of the defence being under- 
 taken by the judges advocate, an adjournment at least over to-morrow will be 
 necessary; and if such an adjournment can give time to the counsel for the 
 defence to go on, it would, I think, expedite the conclusion of the case. 
 
 The President. As I understand Mr. Baker, one day would be of no service 
 to him. 
 
 Mr. Baker. I should think that, with a short-hand reporter, an adjournment 
 of one day would help me very materially ; but if I could have two or three 
 days, I should have no more trouble during the whole defence. 
 
 The President. The court is disposed to go on with the trial. 
 
 Mr. Baker. Then I must stop. I do it respectfully, and as an evidence of 
 my good intentions I am ready to assist the judge advocate, in any way which 
 he may desire, by givirig him information, or anything of that kind. 
 
 A Member of the Court. I desire to ask the counsel whether, if we should 
 give him one day, he could go on with the case ? 
 
 Mr. Baker. I thing I might go on the rest of this week certainly. 
 
 Another Member OF the Court, (to Mr. Baker.) Could you not go on now and 
 examine witnesses who are in this city, and some of them in this court-room 1 _ 
 
 Mr. Baker. The trouble is not that witnesses are not here ; the difficulty is 
 that I do not know to what they will testify, 
 
 The President. It is very singular that you should summon witnesses and 
 not know to what they will testify. 
 
 Mr. Baker. It is not worth while for the president and me to argue on that 
 point. 
 
536 TRIAL OF HENRY WIRZ. 
 
 The President. I am satisfied that the better way is to bring the matter to 
 a close immediately. 
 
 1 he court was cleared for deliberation, and when the doors were reopened, the 
 president, addressing Mr. Baker, said : To facilitate your labors, the court has 
 decided not to continue the trial any further this afternoon, but to adjourn until 
 to-morrow morning at 10 o'clock. 
 
 Mr. Baker. 1 will try to go on at that time. 
 
 October 4, 1865. 
 Augustus Moesnbr, for the defence. 
 
 I have been a member of company G, 16th Connecticut volunteers. I 
 was captured April 20, 1864, and taken to Andersonville. I arrived there on 
 the 3d of May, in the evening. On our arrival we were kept under guard, and 
 next morning Captain Wirz came to the -place with several of his sergeants and 
 we were counted off in squads and sent down to the stockade. I remained in 
 the stockade up to the 24th of May, 1864. I was taken as a paroled prisoner 
 to Captain Wirz's office as a clerk. 
 
 THE RATIONS. 
 
 When I was first taken out I was not well acquainted yet with the English 
 language, and I only made some copies, and also wrote in the roll-book. 
 Among other dutes I had to carry orders down to the stockade, and to carry 
 returns and morning reports to General Winder's headquarters, and I also had 
 ta. go to the commissary with returns. 
 
 f Q. Did you have anything to do with requisitions on the commissary and 
 quartermaster ? If you did, state all about it. 
 
 A. Those requisitions and returns, I think, were made out every day, and 
 they stated the number of prisoners inside the stockade ; and there was also 
 another requisition for those men who were detailed and men outside at work as 
 paroled men, because they all got a second ration. 
 
 Q. Do you mean a double ration ? 
 
 A. Yes, sir; double rations. 
 
 Q. How were the requisitions made out as to quantity 1 
 
 A. They stated the number of men present, but the quantity of the rations 
 was left in blank. 
 
 Q. Who would fill it up 1 How would the commissary know how to fill it? 
 
 A. He saw how many men were there, and as many men as he had in the 
 requisition, so many rations he had to provide. 
 
 Q. He would make it out from his own will, or from information in his office? 
 
 A. He would do so. Captain Wirz had nothing to do with it. It was left 
 entirely to him. 
 
 Q. What, if anything, had you to do in relation to the cook-house ? 
 
 A. There was, every morning, a list made out, and on this list was put the 
 number of the squads, and the number of the detachment, and of each detachment, 
 how many rations the detachment had to get; because there were many squads 
 which had not ninety men. There was not one squad which had ninety men in 
 line; many were detailed out, and many in the hospital, and their rations had to be 
 taken out ; and so in those lists we stated how many rations every detachment had 
 to get from the cookhouse. I brought that list down to Mr. Duncan. I left it 
 there and went back to my quarters. I do not know anything about therations after 
 that, or anything that came from the cook house. I had nothing to do with that. 
 Captain Wirz had nothing to do with that. As soon as Duncan knew how 
 many rations he had to give out, when the rations wei-e cooked, he would bring 
 them down to the stockade ; that was his duty. The requisitions for the hos- 
 
TRIAL OF HENRY WIRZ. 537 
 
 pital were made by Dr. White. We had nothing to do in our office with the 
 hospital. I do not know that any requisitions for anything for it were made 
 out in our office or signed by Captain Wirz. 
 
 Q. What did you have as rations while you were outside, and in what quan- 
 tity, and what did you do with them 1 
 
 A. The first time I was outside there as a clerk, I went every day once to the 
 cook-house and got my rations there. I got a piece of corn-bread and a piece of 
 bacon. I could have gotten some rice or some beef, but I did not take them. 
 
 Q. Did you have any sanitary goods, or did you eat anything belonging to 
 Union prisoners out there l 
 
 A. 1 never had any, because there were never any provisions sent by the 
 Sanitary Commission. I had an extra ration. We ^ot money for it. We sold 
 it to Captain Wirz. He paid us eighty cents a day, confederate money. He 
 never took any away without paying us. I was paid every month. j 
 
 STOPPAGE OF RATIONS. 
 
 I do not recollect that the rations were ever stopped for the whole camp. The 
 rations were sometimes stopped for a squad when the sergeant of the squad — 
 federal sergeant — reported a man missing in the line. They were stopped that 
 the men of the squad should go and hunt up and look for the man, to find him ; 
 perhaps he might be in another part of the stockade, sick somewhere else, and 
 if he was not found he could not be treated, as they could not send a doctor to 
 him; hut afterwards if the man was found, or if the federal sergeant reported the 
 man as escaped, it was altered, and the squad could get their list. I know that 
 I wrote down the lists for rations and I had to remark it if a squad was deprived 
 of its rations, because it was left in blank, and I know that very often or some- 
 times, when the missing man was found it was altered and sent down to the 
 cook-house to Mr. Duncan, who was told to give that squad rations, because the 
 federal sergeant could answer for the inissing man and say that he was sick or 
 was escaped. As soon as the federal sergeant could give an answer for the 
 man it was altered and the squad got their rations. It was done by Captain 
 Wirz's order. 
 
 Q. Did you have any orders to keep them all day, or could you as soon as 
 the missing man was found have the rations sent to them? 
 
 A. If Captain Wirz would not have been there in his office the sergeant 
 would have come back and reported those missing men as found, and we had 
 power ourselves — we clerks — to send down to Mr. Duncan and tell him to give 
 those squads their rations. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 As far as I recollect we got boxes from the north three times. The first 
 boxes we received came in May, 1864. I was just at that time in the stockade yet, 
 but I recollect very well when those boxes were brought in. Those boxes were 
 boxes sent from the friends of prisoners and not from the Sanitary Comrnissiou. 
 The boxes were brought into the stockade and every one who received a box 
 had to sign a receipt. Many things in those boxes were spoilt because they 
 had been a long time on the road. A Union sergeant close to my tent received 
 a box and signed for it. A few days afterwards I was paroled and came out, 
 and we had close to our office a shanty where some provisions for the hospital 
 were kept. I saw many boxes in there. I asked one of the clerks " what kind 
 of boxes those were," and he told me that those were boxes for prisoners who 
 could not be found or who had died. The things in those boxes were turned 
 over to the hospital and the confederate hospital steward divided them. They 
 
 7 
 
538 TKIAL OF HENRY WIEZ. 
 
 were in his charge and he from day to day sent some of the things in the boxes 
 down to the hospital. The second time we got boxes was in August. "We got 
 pt this time only a few boxes. Lieutenant Davis was in command of the camp. 
 "We got about sixty or seventy pairs of pants, about 100 blouses, 100 caps, and 
 fifty pairs of shoes. I myself got a whole suit at this time. Lieutenant Davis 
 gave all that clothing to the men who were outside at work. 
 
 Q. What reason did he assign for doing that ? 
 
 A. We had at that time about 32,000 or 33,000 prisoners in the stockade, 
 and he said it was no use to send the clothes inside, because it would not make 
 but a single piece to one squad and it would only make trouble inside, and per- 
 haps there might be some fighting, so he gave it to the men outside at work. 
 The third and last time I recollect that we got some boxes was in the first part 
 of November, 1864. "We got about 300 blankets and 300 pairs of pants. They 
 were what are known as citizens' pants, brown and gray, a mixed color, and 
 we got gray shirts and gray drawers and stockings, but only fifty pairs of 
 shoes. 
 
 Q. What was done with them ? 
 
 A. Those boxes were brought to our office directly from the depot. Our 
 office was at that time not far from the depot, and Captain Wirz called us clerks 
 all together and we had to help to unload them and bring them down into a 
 storehouse close to our office and count them. We found that there were about 
 300 pieces of each kind, blankets, drawers, &e. 
 , Q. What did you do after you counted them 1 
 
 A. We brought them to the storehouse close to our office to count them up. 
 There were no prisoners in the stockade then, only those in the hospital and 
 the men who were paroled. The prisoners who were inside the stockade had 
 all been sent to Millen and other camps. . Captain Wirz sent down for all the 
 paroled men, about 150, and they were brought to our office and every one of 
 those paroled men got a whole suit, except shoes, because we had only fifty 
 pairs of shoes. He gave the shoes to those men who needed them very much. 
 Our chief clerk, Martin, called the roll and I had a sheet of paper and wrote 
 down the names of the men as they were called, with their rank, regiment, and 
 company ; there were several columns in which I marked down what each man 
 received, and after he had received it he had to sign his name, or if he could not 
 write he made a cross and I put my name down as witness. After all the 
 paroled men had been supplied I myself got a whole suit, excepting shoes. He 
 would not give me any shoes because he said my shoes were good enough. The 
 other things were turned over to the confederate hospital steward ; he came over 
 and the things were counted off all together and he signed a receipt for them 
 .-^nd they were brought over to the hospital or Dr. Stevenson's office. 
 
 Q. Did you ever see any colored men get anything there ? 
 
 A. There Was some of them, but not all. 
 
 Q. Did the colored boys who were connected with the headquarters get any- 
 thing 1 
 
 A. There were several ; I do not recollect just who it was, but some of them 
 got some clothes — those who needed them. There was a confederate sergeant 
 in charge of those colored men, and he came over and brought those that needed 
 clothing and they got clothing. 
 
 Q. "What quantity of boxes did you ever know to be there belonging to pris- 
 oners who could not be found, who were dead or missing in some way ? 
 
 A. Thirty or forty; I could not just state the number. 
 
 Q. Did you ever see any quantity of boxes at the chief surgeon's office for 
 prisoners ? 
 
 A. Yes; that is what I stated before; those were for prisoners who could not 
 be found. Their number was about thirty or forty boxes; large boxes and 
 small boxes and boxes of different kinds. Sometimes prisoners also received 
 
TRIAL OF HENRY WIEZ. 539 
 
 boxes from their relations down in the south. They were opened and searched 
 to see if there were any liquors in them, and if there were not they were sent in 
 to the priJ?oners. I myself, with the help of another clerk, whose name was 
 Eichards, brought a box in by order of Captain Wirz to a man by the name 
 of Wiight, of the 16th Connecticut regiment, my regiment. I have seen a 
 quantity of receipts for boxes at the captain's headquarters. It was a large 
 quantity. I could not just say how large. Those were for boxes sent when I 
 was inside the stockade. The boxes had been sent and receipted for. Captain 
 Wirz had nothing to do with the boxes after they were turned over to the sur- 
 geon ; the provisions or whatever was in them were divided by the confederate 
 hospital steward ; he had charge of them. 
 
 Q. What do you know about anything belonging to prisoners being taken to 
 or used at Captain Wirz's headquarters — anything to eat or anything to wear, 
 or anything of that kind ? Did you ever see Captain Wirz eating anything be - 
 longing to the prisoners ? 
 
 A. No, sir; he never did. So long as we were in the block-house, before he 
 was sick, he only took one meal in his office, and that was his dinner, which was 
 brought about one o'clock ; afterwards he sometimes took his breakfast there. 
 
 Q. When did he commence taking his breakfast there — after he was sick or 
 before it ? 
 
 A. It was after he was sick ; after Lieutenant Davis was gone. It may have 
 been in September, but it was not very frequently that he took his breakfast 
 there. I have seen confederates wearing something that had belonged to Union 
 prisoners. They bought them. Just after we had received those blue pants 
 and blouses I saw many of them wear new pants which they had bought. I 
 myself got a new pair of pants at that time, and I sold them to a rebel sergeant 
 for five dollars, and bought for those-five dollars a blanket. I had no blanket, 
 and the nights were beginning to be very cold, so I sold my pants aud got a 
 blanket. 
 
 Q. What do you know about taking things into the stockade to deliver to the 
 prisoners — did you ever do it yourself 1 
 
 A. I brought in some boxes which had been sent in by the relations of pris- 
 oners. I brought them in by thi order of Oaptiin Wirz. It was generally done 
 when such boxes came there, biit the bose3 were first searched to see if there 
 were any liquors or such things in them ; if they contained only provisions they 
 were sent in immediately. 
 
 PRIVATE PROPERTY TAKEN FROM PRISONERS. 
 
 I never knew Captain Wirz in any way to take blankets or anything from 
 Union prisoners. I never heard about any order to that effect by him. An 
 order was given to search the men who were called Stoneman's raiders, who-.' 
 made the raid through Georgia last year. I heard that his men were searched 
 over there, close to the depot or near Castle Reed. I was not present when 
 they were searched. It had nothing to- do with our headquarters ; nothing 
 was brought to our headquarters. It was an order given by General Winder 
 to search them. I know that once there were some prisoners brought in from 
 Sherman's front, and the officer in charge, when he came in and reported to 
 Captain Wirz, brought in twelve or fifteen watches which had been taken from 
 those prisoners. Captain Wirz asked him " what he should do with those 
 watches." The officer told him they were taken from the prisoners and that he 
 had orders to give them to him. Wirz told him that he had nothing to do with 
 it, and sent the watches to be given back to the prisoners. Those men were 
 brought in from Atlanta. 
 
 Q. Did you ever know any rebel sergeant to be put under ai-rest while you 
 were there ? 
 
540 TRIAL OF HENRY WIRZ. 
 
 A. Yes, sir. 
 
 Q. State all about it. 
 
 A. There was a sergeant who was detailed to the engineer who made the 
 fortifications around the stockade, and when those Stoneman's raiders were 
 searched, he took some money, I heard ; I did not see it. 
 
 The Judge Advocate. Don'tstate what you heard. 
 
 He was put under arrest and sent to the front to his regiment. 
 
 Q. Were there any complaints made at headquarters against sergeants for 
 taking things away fiiom prisoners ? 
 
 Objected to by the judge advocate, and question withdrawn. . 
 
 CONDITION OP THE WATER. 
 
 Q. What do you know about Captain Wirz's orders to Duncan in regard to 
 taking things into the prison 1 
 
 A. I think, but I am not sure about it, that it was Duncan who once made a 
 report that the prisoners -complained about the water; that was in the first days 
 when I came out of the stockade — when I was paroled. Captain Wirz gave 
 Duncan some tools, picks and shovels, so that the prisoners could dig some 
 wells, and also he gave Duncan orders to provide the prisoners, as far as he 
 could, with barrels to put round the wells to prevent men from falling in — what 
 we call curbs. It was Duncan and Humes to whom those orders were given. 
 
 Q. What do you know about his orders for digging a well near the bake- 
 house ? 
 
 A. There was a well close to the cook-house No. 1 ; I do not know if the 
 water was good or what kind of water it was, but I saw that tbere was a well 
 
 fere. 
 Q. What do you know about his order for the removal of the slops from the 
 bakery ? 
 
 A. Well, when the prisoners complained about the water, that it was dirty, 
 there was an order given to Duncan to put the slops in some barrels, and to 
 carry them off .with teams, but Duncan could not get teams ; they could not be 
 furnished by the quartermaster. 
 
 Q. Was that the reason he could not remove the slops ? 
 
 A. Yes; Duncan came into the office and reported to Captain Wirz that it 
 was impossible to carry off those slops, because he could not get teams ; that 
 he had been to the depot to the quartermaster and the quartermaster told him 
 that he had none on hand. 
 
 Q. How often would axes, spades, and tools of that sort be given to the 
 prisoners, or would they be given at all ? 
 
 A. At first we had two police squads inside the stockade, one on the north 
 and the other on the south side close to the gate, and it was their duty to clean 
 the camp; but afterwards, when we got more prisoners in, there was a detail of 
 a hundred and fifty men, and after Captain Wirz had made many requisitions 
 he got some tools at last. It was very hard to get them. He got, I think, 
 about seventy-five shovels and seventy-five picks, and those men had to clean 
 the camp, and got for their work a second ration. But it was of no use, because 
 those tools, the picks and spades, were in a bad condition, and in the evening 
 fifteen or twenty would be brought out which were broken. 
 
 Q. Was it a general thing to have the tools broken in that way 1 
 
 A. Yes, sir ; nearly every evening when the men came back some of the tools 
 were broken. 
 
 THE DISPOSITION AND CONDUCT OP CAPTAIN WIKZ TOWAEDS THE PKISONKRS. 
 
 Q. What do you know about little boys being taken out of the stockade and 
 what was done with them '! 
 
TKIAL OF HENRY WIRZ. 541 
 
 A. There were about forty or fifty boys inside the stockade, who had been 
 taken prisoners, and Captain Wirz requested Ur. White to take some of them 
 to the hospital as helps to the nurses or cooks there; because it was no 
 use to keep those boys as prisoners of war, they would only get sick and die 
 inside the stockade or they would get spoilt there, and, if it was in his power, 
 he would send them to our lines, because it was of no use to take boys as pris- 
 oners of war. 
 
 The Judge Advocate. You need not argue the case. 
 
 Mr. Baker. He is only stating what Captain Wirz said. 
 
 The Judge Advocate. The court has ruled on that point over and over 
 again. 
 
 •Mr. Baker. I am not putting in the language; I am putting in the reasons 
 why he took the, boys out. 
 
 The Judge Advocate. I object to your going any further in that direction ; 
 you can prove the fact that the boys were taken out, but the court must judge 
 whether there was any humanity about it, 
 
 Mr. Baker. I shall not argue the question. If the court does not want to 
 know the reason of Captain Wirz's actions I will not press it. If the court 
 does want to know the reason of all these actions, whether good or bad, then 
 we must get at it in this way. It is so clear that I shall not insult my own 
 intelligence by arguing the question. 
 
 A Membee of the Court. I do not understand the court to have ruled that 
 statements accompanied by acts are inadmissible. 
 
 The Pbestdent, (to witness.) Was this statement made at the time ? 
 
 Witness. Yes ; he told the doctor to take the boys out, and gave the reason 
 for it. 
 
 The Prbside.\t. When did these remarks come from Captain Wirz ? 
 
 Witness. I said that Captain Wirz requested Dr. White to take the 40 
 or 50 boys out. \ 
 
 The President. When did Captain Wirz make these remarks 1 
 
 Mr. Baker. Was it at the time he took the boys out ? 
 
 Witness. Yes, sir ; when he took out those boys. 
 
 The President. I was endeavoring, Mr. Baker, to ask the question so as 
 not to suggest the answer to the witness. You asked it and suggested the 
 answer directly. 
 
 Mr. Baker. I supposed the court was trying to get at the fact. 
 
 The President. When I ask questions I do not need assistance, 
 
 Mr. Baker. I did not mean-to assist you at all. 
 
 The objection was sustained. 
 
 Captain Wirz took them out of the stockade and sent them to the hospital. ' 
 One of them, a small little boy, who seemed to be ill, he took in our office and 
 told us clerks to nurse him, and we had him there. When the boys were taken 
 out they were sent to the hospital to assist th-e nurses and cooks, and some of 
 them were sent to get blackberries for the sick. I myself when I came out of 
 the stockade was sick ; I had the dysentery, and I asked one of the doctors to 
 give me some medicine ; he told me that he himself had been in the same fix, 
 and that all the medicines they had there and that he had tried were not good 
 • for anything ; and he told me that I should go and get some blackberries ; that 
 that would be the best. I did so and I was cured by it ; and so Captain Wirz 
 gave orders that these boys should be sent for blackberries to be used as medicine 
 for the sick in the hospital. Afterwards I came to the hospital and found some 
 men of my regiment there, and I asked them if they had got any of those black- 
 berries, and I heard that the nurses had made some pies of them and that the 
 sick men got none. 
 
 Q. What was the rule in regard to men under punishment that got sick ? 
 
 A. Well, sir, when a man who had been ordered to wear a ball and chain 
 
542. TRIAL OF HENRY WIRZ. 
 
 complained that he was sick, a doctor was sent for, and if he found that it was 
 so, the ball and chain would be taken off and the man would be sent to the hos- 
 pital if necessary; also, when new squads of prisoners came in, and there were 
 men among them who claimed to be sick, the doctor who was officer of the 
 day was sent f jr, and he had to see if the men were really sick or not ; if they 
 were they were sent to the hospital. I recollect also that once there was a man 
 amongst them who told me he was a hospital steward in our army ; I spoke to 
 Captain Wirz about it, and the man was immediately sent to the hospital as a 
 steward ; he was paroled and was not sent into the stockade at all. Some of 
 the hospital attendants serenaded Captain Wirz and Dr. Stevenson, and 1 under- 
 stood Dr. White too. 
 
 By the Judge Advocate : 
 They serenaded Captain Wirz first 1 
 
 VACCINATION. 
 
 Q. Did you at your headquarters or did Captain Wirz have anything to do 
 with vaccination ? If so, state what. 
 
 A. When I was first sent in the stockade there was a sergeant near my tent 
 whose arm was very sore ; he told me that it was caused by vaccination ; but 
 
 (I was only a short time inside the stockade. When I was outside Dr. White gave 
 an order, as the small-pox was increasing among the prisoners, that all men who 
 came as new prisoners to Andersonville, who had not been vaccinated, should 
 be vaccinated. One day a prisoner was brought out to Captain Wirz by one of 
 the doctors, and the doctor reported to Captain Wirz that the prisoner refused 
 to be vaccinated ; but the order had been given by Dr. White and not by Cap- 
 tain Wirz, and Wirz told him that lie had nothing to do with it ; that it was by the 
 order of Dr. White that men who came there, and had not been vaccinated, were 
 to be vaccinated, and that he (Wirz) would uot care a damn whether they died 
 
 f of small pox or not. 
 
 ^ 1 saw one man who had been vaccinated ; this sergeant. I was only a short 
 time in the stockade and I did not see any vaccination. When I came there 
 there were only ten thousand men in the stockade ; this man that I saw in the 
 stockade had a sore arm from the effects of vaccination ; the sore was about the 
 size of a penny. 
 
 THE CHAIN-GANG. 
 
 I know something about the chain-gang ; I remember there were two chain- 
 gangs ; the chain-gang was formed by order of General Winder ; there was not 
 any chain-gang before he came there or after he left ; the men put in the chain- 
 gang were sent to the provost marshal. 
 
 Q. By whose order ? 
 
 A. I think by 
 
 The Judge Advocate. You need not state what you think. 
 
 Q. Do you know by whose order ] 
 
 A. There was an order that paroled men who escaped 
 
 The Judge Advocate. That is not an answer to the question. 
 
 Q. If there was an order state what it was. 
 
 A. Those were paroled men ; they were turned over to the provost marshal 
 by order of General Winder. 
 
 Q. Do you know anything about any tent being connected with the chain- 
 gang ? 
 
 A. The chain-gang had what they call a fly — a large fly which they lay 
 under ; it was a tent open on both sides. 
 
TEIAL OF HENRY WIKZ. 543 
 
 MEN BITTBr* BY DOGS. 
 
 Q. Do you know anything about Frado or "Frenchy," who was brought in 
 by the dogs 1 If you do, state what you know about it. 
 
 A. Frado was a Frenchman ; he was a nian who escaped seven times ; he 
 escaped once when I was inside the stockade ; he went out by tunnelling ; there 
 were four of them together ; I saw hin brought back with a ball and chain on 
 him ; a short time afterwards he escaped again ; I do not know in which way, 
 hut he had taken off his ball and chain ; and so he escaped several times. 
 
 Q. What do you know about his being brought back by Captain Wirz ? 
 
 A. He was brought back once when he had made his escape. 
 
 Q. What condition was he in ? 
 
 A. Those men who should make the chain-gang were sent to the blacksmith's 
 shop, and he went there. 
 
 Q. If you saw him come back, what condition was he in and what did they 
 do with him 1 
 
 A. He was brought back and sent to the stockade ; his pants were torn up ; 
 Captain Wirz was very muddy ; he had white pants on but they were muddy 
 away up to his knees ; they brought Frenchy inside the stockade, and the next 
 day he was brought out again by one of the confederate sergeants to our oiEce, and 
 he said there it was because he had said to the sergeant inside the stockade that 
 he wanted to try the dogs once more ; Captain Wirz told hirii that he saw it was of 
 no use to put him in irons, because he had slipped off the irons, and he sent him 
 to the guard-house and kept him there ; I saw only that his pants were torn up ; 
 I did not see that the dogs had hurt him ; I did not hear him say anything 
 himself on that subject-; I saw him afterwards at Millen, and also at Annapolis, 
 when we were exchanged ; they kept him at the guard-house after he was taken 
 out of the stockade until he was sent to Savannah; I think about a month — over 
 a month. 
 
 Q. Whereabouts were the dogs kept ; in what direction from your headquar- 
 ters 1 
 
 A. Turner kept them on the other side of the creek ; we were on the right- 
 hand side and he was on the left-hand side, north of the creek ; one of the mili- 
 tia regiments was stationed tliere ; I do not know which. Captain Wirz's house 
 was on the other side of the depot ; they had to cross the railroad if they wanted 
 to go there. The dogs' quarters were on the line going to Captain Wirz's 
 house. 
 
 Q. How far did -you have to pass from there on the way to Captain Wirz's 
 house 1 
 
 A. Well, I know in which direction Captain Wirz's house was, where he was 
 first, but I do not know the house at all ; I have never been at his house at all. 
 In going from headquarters to Captain Wirz's house a person could pass by the 
 dog-kennel or he could take another way. I never saw, knew, or heard of any- 
 body dying at Captain Wirz's headquarters who had been bitten by dogs. 
 
 THE ORDER TO FIRE THE ARTILLERY UPON THE PRISONERS. 
 
 Q. What do you know about prisoners attempting to break out ? 
 
 A. In the month of June Captain Wirz sent an order down to the stockade 
 to bring out all the federal sergeants who had charge of squads ; they were 
 brought out to our office ; he told them that he heard they wanted to make an 
 outbreak, and if so, he had orders from General Winder to commence firing into 
 the stockade with grape and canister ; that he knew all about their tunnelling 
 and everything, but that he would avoid to shed blood as long as he co'Vild. 
 The next morning the sergeants sent out and asked Captain Wirz and General 
 Winder if they could not make a petition to send down to Washington. This 
 was granted by General Winder, and Captain Wirz sent in some paper and they 
 
 drew up ''*'■ "'l-i"»- '"»= a^n-r^cA 
 
544 TEIAL OF HENRY WIEZ. 
 
 The Judge Advocate objected to the witness testifying in regard to who 
 signed the petition and what was in it unless the petition was produced. 
 
 Mr. Baker stated that the defence would at the proper time produce the peti- 
 tion if permitted to do so. 
 
 Q. Go on and describe the circumstances. Do you know who signed it or 
 what was in it ? 
 
 A. I do not know what was in it. I did not read it. 
 
 Q. Tell all the circumstances. 
 
 A. A petition was signed and six men were selected by the camp to be ex- 
 changed by special exchange. On the 7th of August, in the morning, we got 
 an order in our office — at this time Captain Wirz was sick and Lieutenant Davis 
 was in command — to send on twenty-one men to Charleston for special exchange. 
 Those twenty-one men were sent on and the six men with the petition were 
 amongst them. 
 
 Q. Did you ever know of any other attempt to break out ? 
 
 A. There was always some tunnelling going on, but when the tunnels were 
 ready so that the men could go out there was a report made by men inside the 
 stockade ; they wrote letters or made reports to one of the quartermaster's or 
 confederate sergeants. 
 
 THE ABSENCE OP CAPTAIN WIRZ FROM ANDERSONVILLE IS THE SUMMER OF 
 
 1864. 
 
 In the last part of July Captain Wirz was sickly ; he went to the office yet, 
 but sometimes for a day or two he would not come, and when he came he did 
 only just what was necessary and he lay down. During the whole of the month of 
 August, as far as I recollect, Lieutenant Davis was in command, up to the end 
 of August or the first of September. Part of the month Captain Wirz was sick 
 at home and part he was gone on furlough to Augusta, Georgia. In September 
 he came back, but he was very sick ; he could not go on horseback ; there was 
 an ambulance which brought him down and back, and when prisoners arrived 
 the confederate sergeants or we clerks had to count them up in squads, and he 
 had a chair where he sat outside the tents ; and sometimes for three or four days 
 he did not come at all. That was in September ; I remember there was a spe- 
 cial exchange of several hundred men; at the time we sent off these men Captain 
 Wirz was not there at all. When he was so feeble he went home very early in 
 the evening. 
 
 Q. What do you mean by evening 1 
 
 A. Well, sometimes at three or four o'clock. 
 
 WIRZ'S ABILITY TO USE BOTH HIS ARMS. 
 
 Hir right arm was crippled ; he always had a bandage round it and a blister. 
 He could use it in writing, but I do not think I ever saw him using his right arm 
 in another way. He had pain to go on horseback. 
 
 THE CHARGES OP MURDER AGAINST WIRZ. 
 
 ( I never saw, knew, or heard about Captain Wirz shooting, beating, or killidg 
 men in any way while I was there ; I never saw, knew, or heard in any way of 
 Captain Wirz carrying a whip while I was the're. He never did. 
 
 Q. From your relations to Captain Wirz and his headquarters, do you think 
 that,if any such things as those had happened while you were there you would 
 have been likely to have heard of it 1 
 
 The Judge Advocate objected to the question. He thought this style of 
 examination had been indulged in long enough. The law requires witnesses to 
 give all the facts to the court or jury, as the case may be, and no opinions what- 
 
TBIAL OF HENKY WIRZ. 545 
 
 ever except they may be experts or professional men on scientific questions. 
 This witness having told the court that he does not know of any of these par- 
 ticular things, must stop there. This was placing negative evidence on ,the same 
 footing with positive evidence. It was equivalent to this witness contradicting 
 a witness who testifies to a positive fact. This the law does not allow. It was 
 placing too much reliance on an opinion. It was improper evidence, and he 
 thought it desirable to make the point now and ask the ruling of the court ou it. 
 
 Mr. Baker said that if the judge advocate knew anything about the criminal 
 law. he must know that the question was a legitimate one. Murder may be 
 proven by circumstantial evidence, ,and where a person was asked if he saw a 
 thing done, or knew it to be done, and the answer was iu the negative, the ques- 
 tion always follows, " were you in such a position that if it had been done you 
 would have known of it ?" Take the instance of a person being assaulted in a 
 house, murdered in a room, and another party is sitting outside on the stoop ; 
 the question always asked is, V Did you see the party stab or shoot the person 
 inside V the answer being, " I did not," then comes the question, " Were yon 
 in such a position that if he had been assaulted or shot you would have heard 
 his cry or the sound of the pistol ]" A great deal was said about " negative tes- 
 timony." He would like the judge advocate to tell him how any person could 
 be defended for anything, even in a civil matter, unless it was by what he called 
 " negative" testimony. The prosecution proves that a thing was done, that a 
 note was made, for instance. Was there any other evidence in the world to 
 prove that it was not done except by " negative" evidence. When you supply 
 negative testimony sufficient you then make it positive testimony. If a witness 
 ■H[as in such a position that he must have heard a thing if it happened and did 
 not hear it, that fact, that he did not hear it, makes it positive testimony. It 
 was absurd to argue this question further. The one question followed the other 
 as legitimately as one foot follows the other in walking. 
 
 After deliberation the objection was sustained. 
 
 I never saw Captain Wirz have a sorrel or a roan horse, nor was there ever 
 such a one connected with his headquarters. 
 By the Judge Advocate : 
 
 A gray horse was kept there. There was never any other, 
 
 THE STOCKS. 
 
 Q. Did you ever know anything about the stocks being in the interior of the 
 prison ? 
 A. No sir ; the stocks were outside ; I have been in the stocks myself. 
 
 TREATME.NT OF THE SICK. 
 
 I saw at different times men arrive at Andersonville. Sometimes they were 
 stripped of their clothing ; sometimes they had all their clothing. 
 
 Q. Do you mean they had been stripped ? 
 
 A. Sometimes they had only what they had on ; but sometimes they had 
 blankets and knapsacks with them. 
 
 Q. What was their condition as to health ? 
 
 A. Sometimes there were sick men amongst them. When they reported sick 
 the doctor who was officer of the day had to see whether they were sick or not, 
 and if they were, they were sent, to the hospital. In the month of July, an 
 Bxtra train came in with 150 men who were badly wounded ; and Captain Wirz 
 would not take them. General Winder gave the order, and I was sent over to 
 the depot to take the names of these 150 men. They were sent to the hospital. 
 Most of them were very severely wounded, and several had had their limbs 
 taken off. One lieutenant was amongst them, and he was sent the next day to 
 the officers' prison at Macon. 
 
546 TRIAL OF HENRY WIRZ. 
 
 THE RATIOXS. 
 
 Cross-examined by the Judge Advocate : 
 
 I was'in the seiyice of the United States twice. The first time I entered it 
 was in September, 1862. I entered the 52d New York volunteers. I was wounded 
 on the 13th of December, 1862, at the battle of Fredericksburg ; was brought 
 to this city to the Campbell hospital on Seventh street. I was discharged there 
 in March. A year afterwards, in February, 1864, the 15th of February, I 
 enlisted in the 16th Connecticut. I live in Connecticut. I have lived there only 
 from the time when I was discharged from the 52d New York, up to the time 
 when I enlisted in the 16th Connecticut. I came from the old country in 1862. 
 I entered the service two or three weeks alter I arrived. I came from Germany. 
 I could not speak English when I arrived. 
 
 Q. How did you come to enter the army ? 
 
 A. I went into a German regiment, the 52d New York I got $25, United States 
 bounty. I don't recollect what bounty I got from the State. No runner went 
 with me to the regiment. I went to the Sigel committee, in the Bowery. 
 
 Q. How did you happen to go there 1 
 
 A. It was annouqced in the German papers that General Sigel was getting 
 up a German army corps, and I wanted to join that. It was in the Bowery; 
 when I went over from Castle Garden it was on the left-hand side. 
 
 I don't recollect what bounty I got when I first entered the service besides 
 the $25 United States bounty. 1 got the balance of the bounty at the time I 
 enlisted. Maybe it was about $100 that I got, no more than that ; that was in 
 1862. It was partly State bounty, I think, and partly from the Sigel committee. 
 It was paid to me at the committee rooms, in the Bowery. When I enlisted 
 in the 16th Connecticut 1 got $300 State bounty and $100 county bounty, and 
 $60 United States bounty, with a promise of $240 more. There was no 
 runner at the time T entered the 16th Connecticut. 
 
 Q. Who took you to the rendezvous ? 
 
 A. A friend went with me from CoUinsville to Hartford ; but I got everything ; 
 he did not get a cent. 
 
 Q. What induced him to go with you 1 
 
 A. He was a friend. 
 
 I paid his expenses. We went together to the mustering officer. He was 
 not a bounty broker. He worked in the same factory with me, and I boarded 
 with him. It was necessary for him to go with me because I had not paid my 
 board for several weeks. 
 
 Q. Then he paid your way instead of your paying his ? 
 
 A. No, sir, 
 
 Q. If you had not money to pay your board, how came you to pay his way 
 as well as your own 1 
 
 A. I got $40 for the last month I had worked in the factory. With that money 
 we went down. I don't recollect how much money I owed for board. Besides 
 owing for the board, I had some other debts ; and I could not make anything in 
 that factory. I went to Hartford to get money to pay my debts. I entered the 
 service that I might get this bounty so as to pay my debts. 
 
 Q. How long did you serve in the first regiment you entered 1 
 
 A. I enlisted in September, 1862 — the 6th I think, but I am not sure ; and 
 I was wounded on the 13th of December, l862, at Fredericksburg. I was 
 discharged from the service ; the first time I was discharged after being thtee 
 months in the hospital here. I was discharged^from a hospital in this city. I 
 first entered the service under my own name — Augustus Moesner. I appear on 
 the rolls of the 52d New York as having served six months. I re-enlieted ia 
 February, 1864. Here is my discharge, (producing a paper.) This is my dis- 
 charge from my last regiment. 
 
TKIAL OP HENRY WIRZ. 547 
 
 (By the Court.) Colonel Paul Franck commanded the 52d New York regi- 
 ment. I was discharged from the Campbell hospital on Seventh street. 
 
 Q. What were the circumstances of your capture ? 
 
 A. Nine companies of my regiment — the whole brigade — were captured at 
 Plymouth, North Carolina. 
 
 Q. Did you surrender yourself, or were you captured ? 
 
 A. We were captured. We were in small force and we fell back in the 
 morning. We were not. all Germans ; the 16th Connecticut was not a German 
 regiment. I was captured with the whole company. I did not know much 
 about the English language when I was taken to Andersonville last year. 
 The first time I wrote English was in the Campbell hospital ; I sometimes made 
 out for the wardmaster the list of the men in the ward. 
 
 Q Then the first time that you ever wrote English was in the Campbell 
 hospital ? 
 
 A. I learned English at school ; but when I came to this country, I did not 
 recoUectmuch about it. 1 could not write English when I first entered the service. 
 I could not write English up to the time when I entered the Campbell hospital ; 
 I could make some copies ; but I could not write it myself. I was brought 
 into the Campbell hospital on the 27th of December, 1862, and, if I am not 
 mistaken, I was discharged the 16th of March, 1863. I lost my discharge when 
 I was captured. I was at that hospital from December till March ; I left about 
 the middle of March. I did not do writing in English very long while I was in 
 that hospital ; not much while I was there. 
 
 Q. After you left the Campbell hospital, were you in a position to write Eng- 
 lish, or did you enter the factory as a laborer] 
 
 A. I entered the factory. 1 did not do any writing there. After I joined 
 the 16th Connecticut, I did not do any writing in English. Up to the time 
 when I was taken out of the stockade at Andersonville, I did no writing in 
 English, except the little I did in the Campbell hospital. 
 
 Q. How did it happen that you were taken to Captain Wirz's headquarters 
 as a clerk, when you could not write the English language ? 
 
 A. I wrote a letter to him. I wrote it in German. 
 
 Q. What did you tell him in that letter ? 
 
 A. I took a small piece of paper out of my diary, and wrote in my letter that 
 I had been a clerk in Germany ; that I was acquainted with the French, German, 
 and Italian languages, and 1 recommended myself as a clerk. None of the 
 confederate officers under Captain Wirz were Italians or Germans or Frenchmen. 
 I do not know what he wanted with my services as clerk as a Frenchman, or 
 Italian, or German. I made no other promise in that letter besides that I would 
 serve him as an interpreter. I stated in that letter that I knew four different 
 languages. I do not think I told him that I could write English. It would 
 not have been true if I had told him so. 
 
 Q. Then he took you out of the stockade to render him service in a particular 
 in which he did not need you ? 
 
 A. A man who has been a clerk can always make a clerk. A man who has 
 been a German clerk can make a good English clerk to make copies. I under- 
 stood Captain Wirz to be a German ; I told him in that letter that I was from 
 Germany. I did not appeal to him as a foreigner to render me some assistance 
 in that way. 
 
 Q. Did you need assistance of that kind ? 
 
 A. I was just as well off as all the other prisoners ; those outside were better 
 off. I was better off outside than inside. That was the reason that I sought to 
 be taken out. 
 
 Q. Would you not, and did you not, do all in your power to please Captain 
 Wirz, so that you might be kept outside 1 
 
 A. I did my duty. I had no duty to the rebel government. 
 
J>48 TRIAL OV HKNRY WIKZ. 
 
 Q. What was your duty ; did you not feel it your duty to do whatever he 
 told you to do ? 
 
 A. If he had asked me to do things for the confedcratu government, I would 
 have refused him. 
 
 Q. How much more sympathy had you with the United States government 
 than with the rebel government 1 You were a paid soldier. 
 
 A. I had given my oath to the United States. 
 
 Q. You took the oath when you got the bounty of which you spoke 1 
 
 A. 1 was a sworn soldier of the United States army. As far as I could, con- 
 sistently with my oath, 1 would have avoided giving him offence so as to stay 
 outside, rather than go into that horrible stockade. So far as I could con- 
 sistently with my oath I would serve him. I served him as far as my oath 
 would allow me. 
 
 Q. "What was your duty at headquarters 1 
 
 A. AtfirstI only made copies, because I was not well acquainted withtheEng- 
 , lish language. I made copies two or three months. At first 1 made copies of 
 the roll-books of prisoners who came in — the newly arrived prisoners. 1 continued 
 on that duty nearly all the time. When I had nothing else to do I would take 
 one of those rolls ; and whenever many prisoners came in and I had the time,! 
 went back to those roll-books. I did not continue to do that duty on the roll- 
 books all the time while I was a clerk at headquarters ; only when I had nothing 
 else to do. The latter part of the time I kept the hospital books. I made out 
 lists for confederate sergeants when they went in for roll-call — lists of squads • 
 with which to call the roll. That was still the roll duty; every morning we had 
 to make them. In the afternoons we had to fill up the squads, and I helped 
 Mr. Martin, our chief clerk, to fill up these squads — writing out the names of 
 the men who had died in these squads ; that was still roll duty. I brought, 
 also, requisitions at times down to the commissary, and I brought reports. 1 
 did not copy the requisitions. 1 never copied requisitions. I went down to the 
 cook-house and took Quartermaster Duncan the list for the rations, I sometimes 
 made them out myself. I generally only copied them ; but sometimes made 
 them. I first learned it from Mr. Martin, our chief clerk. He showed me how 
 to do it, and so I made them out. But the requisitions I did not make oat and 
 did not copy them; I brought them down. It was more my duty to deliver 
 them as an orderly than to examine them. * 
 
 Q. Then how did you know what was in them ? 
 
 A. I looked at them ; I was employed at the same desk as Mr. Martin. 
 They were always sent open ; never in an envelope. I did not always look 
 at them, but frequently. 
 
 Q. How carefully did you examine them 1 
 
 A.. I looked them over, because I wanted to know how many prisoners we 
 had in the stockade. It was not my business, but I looked at them. 
 
 Q. You merely looked at them to gratify your curiosity in that particular and 
 for nothing else ? 
 
 A. No, sir. 
 
 Q. Can you state what was the language used in these requisitions 1 
 
 A. It stated what number of prisoners were there, but the rations were not 
 given ; only the prisoners. It was nearly the same as the daily report that went 
 to General Winder. 
 
 Q. Was it not a daily report, and not a requisition or return for the commis- 
 aa.Ty ? 
 
 A. No, sir ; when it was made out I would take it down to the commissary 
 directly ; never anywhere else. I am sure that I took it from Captain Wire's 
 ofiice to the commissary directly ; at one time Captain or Major Armstrong, and 
 at another time Major Proctor, was the commissary as far as I recollect. 
 
 Q. Will you swear positively that in no instance you took a requisition from 
 
TRIAL OP HENRY WIRZ. 549" 
 
 Captain Wirz's office for provisions for prisoners in the stockade anywhere 
 except directly to the commissary ? 
 
 A. I took them directly to the commissary always ; after they were delivered 
 there I do not know what became of them. Before I took them there they were 
 not taken anywhere else at all. 
 
 Q. Will you swear positively that in no instance the number of rations was 
 incorporated in the requisition ? 
 
 A. I stated that I very frequently took these returns down, but not every 
 day. Sometimes I would take these requisitions to Major Proctor three or four 
 times a week ; sometimes every day of the week, and sometimes once a week. 
 I looked at them nearly every time I took them down, only the number of pris- 
 oners was stated, and the number of rations was left blank. 
 
 Q. You say that the requisitions sent to the cook-hou^e stated the number of 
 men and the rations ? 
 
 A. No, sir ; it would say " 1st squad, 1st, 2d, 3d detachment," and it would 
 state how many rations, so many rations for so many men. All the requisitions 
 that went to Duncan for cooked provisions were made out complete for the squad ; 
 I mean by a squad a detachment of 90. All the requisitions that went to the 
 cook-house were complete, stating the number of prisoners and the number of 
 rations. 
 
 Q., If Captain Witz sent part of the requisitions filled out complete, why did 
 he not send the rest complete 1 ^ 
 
 A. This was the issue that Duncan had to give out for the day ; Duncan was 
 the quartermaster ; it stated how many ratibus each sqiiad had to get. The 
 requisitions sent to Major Proctor never stated anything about the rations. 
 
 Q. Did you not know that that was merely a memorandum sent to advise him 
 of the number of prisoners 1 
 A. It was a return sent by Captain Wirz. 
 
 Q. A return to Major Proctor of the number of prisoners in the squad ? 
 A. It was printed and sent by Captain Wirz, and the other was not printed, 
 but written on a piece of paper. I cannot state whether it was a return to Major 
 Proctor of the number of prisoners or a regular requisition ; I cannot swear 
 positively on that point. I do not recollect the form of a requisition just now ; 
 but when I would see it amongst other papers I could point it out. In these 
 papers the only points upon which I sought to advise myself was the number 
 of prisoners. But whether it was a requisition or a return I do not know. 
 Q. From what papers did you make these copies that you worked upon ? 
 A. When I copied the roll-book I took them from the names which were 
 taken outside from the prisoners when they came. The names were taken upon 
 a piece of paper and I copied them into a book. 
 Q. You were told what to copy and you sat down and spelled it out 
 A. Yes, sir ; I copied it. 1 copied it just as it was handed me. 
 Q. You did nut know the English language well enough to do it in any other 
 way ? _ — , 
 
 A. Yes, sir; I knew it to read ; I did not kuow it to write ; I had to spell it "i 
 out. I have said that those on duty outside got double rations ; that was an 
 inducement to me to get out. ^ I sold one of my rations because with the money 
 ' we could buy vegetables. I did not draw the rations at all ; we got money for 
 it when the "month was over, and Captain Wirz drew the rations himself; I do 
 not "know what he did with them; I do not know whether he took them from 
 the commissary or the quartermaster ; I do not know whether he drew any other 
 rations besides these extra ra;tions. I received while I was there eighty cents, 
 confederate money, per day ; that was obtained from the sale of those extra J 
 rations which I received while I was outside. 
 ^ Q. How were the other rations served or issued to you 1 
 
550 TRIAL OF HENEY WIEZ. 
 
 A. At first when I was outside of the stockade I went down every day and 
 got a piece of pork and a piece of bread. 
 
 Q. Was it regularly issued, or did you go in and help yourself? 
 
 A. I went in and one of the cooks cut me a piece. It was not weighed. He 
 gave it to me ; I took what he gave me ; I could not say that he gave me what 
 I wanted to eat ; he gave me what he had ; he did not give me all that I wanted ; 
 he gave me a good piece of bacon and a, good piece of bread ; I got all that I 
 needed of that kind of provisions ; that was when I first went out ; after that 
 time we got them cooked ; I had a mess ; that was when Lieutenant Davis was 
 in command we got them cooked ; Guscetti was the cook. 
 
 Q. The man who testified yesterday? 
 
 A. He was cook for a short time. There was a cavalry man who was the 
 first cook ; he was cook from the middle of August until the 7th of September ; 
 he was a federal — one of our prisoners ; he was out on parole ; he was detailed 
 as a cook at the headquarters for the clerks ; I paid him nothing ; he got one ration 
 for each clerk each day and one ration for himself ; he got the money for the extra 
 ration. Guscetti succeeded him as cook to our mess for a short time ; Guscetti 
 was our cook not over a .week, I think ; perhaps a week or two. We did not 
 pay Guscetti anything ; he was detailed as a clerk, but he was not much about 
 there as a clerk; he went around pretty much as he pleased ; he got the same 
 rations that I did ; he got the regular ration and a commutation for the extra 
 ration ; he had the same privilege as the other clerks. Another Italian succeeded 
 him as cook, but I do not know bis name ; our mess was not made up of Italians ; 
 there were Americans, English, Irish, Gerinans, and Italians ; there was one 
 American by the' name of Deely. 
 
 (By the Court.) They were all federal prisoners. 
 ("1 do not swear that Captain Wirz did not make out the requisitions for the 
 hospital, and never in any way signed or approved a requisition for the hospital. 
 I am positive of that, and I think I know all about it; I am as positive on that 
 point as anything else to which I have testified. Captain Wirz never exercised 
 any control over the hospital with regard to rations. 
 
 STOPPAGK OF RATIONS. 
 
 Q. You have said that you did not know about rations being stopped for the 
 whole camp ; did you not know that they were stopped on the 4th of July 1 
 
 A. I saw that it was testified to here, but I do not recollect anything about 
 it. If rations had been stopped on the 4th of July I think I should probably 
 have known it ; rations were not stopped on the 4th of July to my knowledge ; 
 I do not recollect it. 
 
 Q. Are your knowledge and recollection on that point as clear as on any 
 other ? 
 
 A. A great many things happened there during that time. 
 
 Q. Do you feel as certain that there were rations issued on the 4th of July 
 as you do that certain other things were done about which you are positive ? 
 
 A. There were so many facts occurring that one might escape my memory. 
 I do not think a great many facts could escape my memory ; I do not think 
 that a great many things may have escaped my memory ; I think that I know 
 about everything that occurred while I was there. 
 ' Q. You think yon know about all that transpired about the headquarters or 
 office of Captain Wirz ? 
 
 A. I think I should know all that happened at our office. 
 
 Q. Why do you say " our office" ? 
 
 A. Because it was a common expression ; we were sleeping there and were 
 there the whole day. 
 
 Q. Do you say that Captain Wirz never interfered with the quantity or qual- 
 ity of the rations issued to prisoners 1 
 
TKIAL OF HENRY WIRZ. 551 
 
 A. Yes, sir ; he did. interfere. He stopped the rations. He did not stop 
 them very frequently. He stopped them for separate squads. By squads I 
 mean divisions of nineties. When a man was reported missing on roll-call he 
 would stop the rations. He would stop them for the 90, if one man was miss- 
 ing, until the sergeant of the squad could give an answer for the man — until he 
 could report him in some way. The men of those nineties were sometimes absent 
 at roll-call. I know that they were very often absent. Sometimes,. I recol- 
 lect, while I was inside, men were reported sick in their tents, and the confede- 
 rate sergeant went with the federal sergeant to the tents to see them, and when 
 he found them it was all right. Whenever a soldier was absent from a squad 
 of 90, the rations were stopped until there was an answer for him, and that was 
 by order of Captain Wirz. He had the power to stop the rations. He had the 
 power to direct that rations should be issued to the men ; and he had the power 
 to stop them, and he exercised the power both ways. Lieutenant Davis, at Cap- 
 tain Wirz's headquarters, had the same authority. There was not any one else. 
 I know of nobody else except General Winder. 
 
 Q.' Yet you stated to this court that the clerks had the power ? 
 
 A. Not in this way ; we had the po-.'.'er when Captain Wirz was not there. 
 
 Q. He left it in the hands of the clerks 1 
 
 A. When the report was made that the man was found, we could send word 
 down to Duncan at the cook-house, so that the rations might be issued to the 
 squad. The control of that matter was sometimes left in the hands of the clerks in 
 that way. When we clerks exercised this power we could give notice to Dun- 
 can either verbally or in writing. We wrote only on a piece of paper that of 
 those squads the men had been found, and that the rations should be issued. I 
 nevei' did it ; it was Martin's duty. I have seen Martin do it. I have seen 
 him exercise that power. He did it when the report was made in the morning. 
 I never saw him exercise that , power very often. I knew how Martin would 
 sign the paper,; he would sign it " James Martin, by order of Captain Wirz ;" 
 and that was the only signature attached to it. He was not in the nature of a 
 staff officer to Captain Wirz ; he was a prisoner. This paper was in relation to 
 relieving the ninety from the stoppage of rations. When Captain Wirz was 
 away, if the sergeant reported a man absent, Martin did not issue an order to 
 stop the rations ; that was the exclusive business of Captain Wirz. 
 
 Q. He did not give that authority to any of you ? 
 
 A. I know that sometimes, when men were reported missing, Martin just told 
 the confederate sergeant not to say anything about it, but to see to finding the 
 men, so that the squad should not be deprived of rations. 
 
 THE SUPPLIES KROM THE NORTH. 
 
 Thirty or forty boxes were in that first lot which I saw, while I was in the 
 stockade. I don't know whether that was the same lot Guscetti told about ; I 
 don't recollect what he said. The first boxes we got were sent from the north 
 by friends of the prisoners in the montir of May. They came inside. The 
 boxes were of different sizes. Some were so long, (about a yard) and others 
 were smaller. 
 
 I Q. Then they were from a foot square to two or three feet square ? Those 
 are the only boxes you know to have gone into the prison with provisions ? 
 
 A. Yes, sir. I saw them when they catne inside the stockade. I saw them j 
 all distributed. The boxes had been opened before and examined. The second 
 time that I saw boxes arrive was in August. Then we got clothing sent by our 
 government — blue pants, shoes, caps and blouses. They were distributed^ to 
 those on duty outside. In addition to double rations, we also got the clothing 
 that came. That clothing was not distributed to those inside the prison, and 
 the reason stated was that the quantity was so small that there would be too 
 
552 TRIAL OF HENRY WIRZ. 
 
 much fighting about it. They would fight about it because every one would 
 want a piece of that clothing, and thei-e wei;e tOo few of those articles. 
 
 Q. They would fight over it because they were destitute 1 
 
 A. There were many men in there who needed clothing. That was the only 
 reason assigned for not sending that clothing into the stockade, and the cloth- 
 ing was distributed to those who needed it outside. I got some of that clothing. 
 I got blue pants, and I sold them and bought a blanket, because I had none, and 
 I had been lying on the ground with nothing to cover me. I sold that pair of 
 pants for five dollars. I sold them to a rebel sergeant. I have seen rebel ser- 
 geants wearing those federal clothes ; I saw them wearing blue pants and over- 
 coats. I don't know where they always got them. I don't know anytljing 
 about it. 
 
 Q. Did.you in any instance sec a rebel sergeant making purchases of federal 
 ' clothing except when you sold it ? 
 
 A. Yes, sir ; I saw it when I was inside the stockade — they bought them 
 inside. I did not see anything of that kind while I was outside ; during the 
 short time I was inside I saw it done four or five times. They would sell cloth- 
 ing to those rebels to get money. I do not know for what they used the money. 
 
 Q. Have you seen men inside the stockade strip their own backs and sell their 
 clothing to the rebels ? 
 
 A. I saw them selling their own clothing. I could not say tliat they were 
 selling clothing which they were wearing ; they had some clothing left ; they did 
 not sell the last clothing that they had, That was in May. I did not see this- 
 selling of clothing done after that time, because I was outside. I do not pretend 
 to know where the rebel sergeants and the rebel soldiers got the articles of fede- 
 ral uniform which they wore, except in those cases where I sold federal clothing. 
 I only sold such articles to the rebels onetime, when I sold those blue pants. I 
 swear that I never sold anything else than that pair of pants. I never sold 
 ahyvegetables., I sold different things, but not clothing. I did not sell to con- 
 federate sergeants but to our own prisoners ; I sold my watch for twenty dol- 
 lars in greenbacks, and also a gold locket for thirty-five dollars. When 1 went 
 to the front I had the locket bought at New burn, South Carolina. I bought a 
 watch in the cars between Hartford and New Haven, and afterwards between 
 Philadelphia and Baltimore I traded with another recruit, who was going to the 
 front. I gave him some money extra and I bought this watch ; it cost me about 
 forty-five dollars. I only sold this locket and this watch. Provisions I never 
 sold ; I never sold anything of that kind. I bought a blanket but I did not sell 
 any. I bought that blanket from Martin, the chief |clerk. He got it from a pri- 
 soner who was an orderly in Dr. White's oflSce. I do not know where that or- 
 derly got it. It may be that he got that blanket in tlie hospital ; I don't know. 
 It was not a new blanket ; it had a hole in it. I think it ^vas a year old. 
 
 Q. Have you stated all the purchases and sales which you made while there, 
 all the different things which you bought and sold ? 
 
 A. We bought sometimes some vegetables with the money we got from Cap 
 tain Wirz for our second ration. In the store near the depot I bought some- 
 tobacco and some stockings. I never bought anything that I sold again. A man 
 of my regiment was taken out on parole for two weeks to the cook-house, or the 
 bakery. His name was Spring. After being out two weeks he came to Captain 
 Wirz's office and asked me if I had made some money since I" had been out- 
 side. I told him that I could not do so, that I had been obliged to sell my watch. 
 He told me he had made some money ; sixty dollars in greenbacks in two weeks 
 in buying and selling goods. 
 
 By Counsel : 
 I think Spring was one of the government witnesses. I never saw Captain 
 Wirz wearing any of those goods. I did not swear positively that I never saw 
 
TRIAL OF HENRY WIRZ. , 553 
 
 him wearing blue pants. I never saw him wear them or any other article of fed- 
 eral imiform. 
 
 PRIVATE I'ROPEaTY TAKB\ FROM PRISONERS. 
 
 By Counsel : 
 
 I never saw prisoners searched at headquarters. 
 
 By the Judue Advocate : 
 
 I swear positively that I never saw any prisoner brought up before Captain 
 Wirz's headquarters and searched during all the time that I was there ; and I 
 am as sure of that as of anything that I have sworn, and my knowledge in that 
 particular is as full as it is on anything else. 
 
 the DISPOSITION AND CONDUCT OF CAPTAIM WIRZ TOWARD THE PRISONERS. 
 
 Q. Tn reference to those little boys ; were not some of them used as servants 
 at the house there ? 
 
 A. We had one at our headquarters. He carried water, and sometimes he was 
 sent off with messages. I don't know whether Dr. White had one of those boys 
 at his house. I do not know whether any of them were used in that way by 
 officers there. The little boy that we had at our office was a short time at 
 Captain Wirz's house — perhaps a week or two. 
 
 AUTHORITY OP WIRZ OVER THE HOSPITAL. 
 
 Q. You say that these boys were sent to get blackberries and to labor at the 
 hospital, and were -ordered there by Captain Wirz ? 
 
 A. Yes, sir; they were. sent to the hospital. 
 
 Q. And yet, you say that Captain Wirz had nothing to do with the hospital ? 
 
 A, I said that Captain Wirz requested Dr. White to take these boys. It was 
 a request. He took them out of the stockade and gave them over to Dr. White. 
 It was by his order that they were taken out, and by permission of Dr. White 
 they were taken to the hospital. Captain Wirz told Dr. White to send them 
 for blackberries ; it was no order — it was a request. Captain Wirz could take 
 them out of the hospital if they did not behave themselves, because he had a 
 right to take all the paroled prisoners back to the stockade. He had a right to 
 interfere with the hospital that far, to take men out of the hospital and to punish 
 them or to return them to the stockade. That power was exercised several 
 times. It was exercised, also, once, I recollect by Lieutenant Davis. When 
 complaints were made about nurses — when nurses were running in the country 
 without passes or without permission, and were brought back — Captain Wirz 
 sent them to the stockade. 
 
 Q. Do you know the causes which always led him to send them back to the 
 stockade ? 
 
 A. Well, sir, it might have happened while I was just out on a message. 
 
 Q. Do you pretend to know all about what Captain Wirz did while you were 
 there ? 
 
 A. As long as I was there and we were together I think I should know. 
 I know every order which was written. I pretend to know all the orders of any 
 kind that were issued. I know for what purposes they were issued. I know 
 whether they were executed or not, and I know the reasons which led to the 
 orders. I think I should know all about it ; I know with regard to everything 
 that occurred there. 
 
 THE CHAIN-GANG. 
 
 I Stated that when men were in the chain-gang they were put under a fly. I 
 saw them under it; I have seen them out from under it; I saw them in the morn- 
 ing going down to the cook -house to get their rations. I do not recollect that 
 I saw them out from under that fly at any other times. 
 
564 TRIAL OP HENRY WIRZ. 
 
 Q. Then you thiuk that in no other caae were the chain-gang out in the sunt 
 except when they were going to get their rations ? 
 
 A. I never saw them outside except just when it was necessary. The fly 
 was by the guard-house near the stockade. So far as I have stated, I know as 
 much about the chain-gang as I do about issuing of rations or anything else. I 
 pretend to know all about the chain-gang so far as I state. The orders issued 
 on the subject came from General Winder. I know all about the chain-gang. 
 General Winder's headquarters were just about a quarter of a mile, I think, from 
 Captain Wirz's. I would go to General Winder's headquarters very often. 
 Wh'enever I brought these returns down to the commissary, I also brought 
 down the daily report to General Winder. I don't recollect if that was the only 
 duty I had to perform at his headquarters. I do not pretend to know as much 
 about General Winder's headquarters as I do about Captain Wirz's. When I 
 went to General Winder's headquarters I did not stay there ; I only went on a 
 message and then came back. I know all about the orders issued in regard to 
 the chain-gang; I know that they always issued from General Winder's head- 
 quarters, because Captain Wirz told me. All that I know about it is what Cap- 
 tain Wirz told me, and he told me that the orders came from General Winder. 
 I cannot swear that I ever saw a written order on that subject. I cannot swear 
 that I ever heard General Winder give a verbal order to Captain Wirz on that 
 subject. I don't know anything about it except what Captain Wirz told me. 
 
 Q. Did Captain Wirz always tell you when he was executing an order of 
 this kind that it came from General Winder ? 
 
 A. He was nearly always talking about it. He did not report to me when 
 General Winder sent an order of that kind. He did not always tell me from 
 whom the order came. 
 
 Q. Then there were men put in the chain-gang when you did not know for 
 what reason, or on whose order ? 
 
 A. I know so far as Captain Wirz told me But he did not always tell me. 
 I do not know about those cases in which he did not tell me; I do not know 
 anything about those. 
 
 Q. Did not Captain Wirz always direct the officer to put the men in the chain- 
 gang? 
 
 A. The prisoners were sent to the blacksmith shop. Captain Wirz sent 
 them there. 
 
 Q. He sent them there to be ironed 1 
 
 A. I did not hear him give these orders. He went over to General Winder, 
 and after he came back he said these men were to be put in the chain-gang. 
 He very frequently said that General Winder had given him the order — not 
 always. The men could be put in the stocks by Captain Wirz's order. 
 
 Q. Do you know any reason why he could not also order them put in the 
 chain-gang ? 
 ^. A. They were mostly paroled prisoners ; at least the first who were put in 
 Vthe chain-gang were paroled prisoners. Captain Wirz had the power to inflict 
 other punishment besides putting men in the stocks. He had the power to put 
 the ball and chain on them. Nothing else. I never saw a man bucked and 
 gagged while I was at Andersonville. I don't know whether he could issue the 
 order on that subject. I don't know how far his power went. My observation 
 in reference to bucking and gagging has been just as good as in reference to 
 anything, else. I think my knowledge and opinion on that point are just aa 
 good as on anything else. I know of Captain Wirz ordering men to be whipped ; 
 I have heard him give the order to whip a man. That is another thing he had 
 power to do ; he gave the order. No men were tied up by the thumbs ; I say 
 positively that I never knew a man to be tied up by the thumbs while I was 
 there. I am as positive in reference to that as anything else. I think that no 
 man was tied up by the thumbs there. Captain Wirz had the power and exer- 
 
TEIAL OF HENRY WIEZ. 555 
 
 cised the power to direct that prisoners be caught by the hounds. . He had that 
 power. He put them in the stocks. I don't recollect any other punishments 
 than what I have mentioned. Although Captain Wirz had power to inflict all 
 these other punishments, he had no power to put men in the chain-gang, so far 
 as I know, and I know about that just as I know about everything else. 
 
 Q. You say tliat when men were chained, if they became sick, Captain Wirz 
 would always order them out of the chains 1 
 
 A. First the doctor went there and saw whether they were sick or not. If a 
 man reported sick the doctor had to go and look at him to see whether he was 
 or not. If he was sick he was sent to the hospital. I never saw Captain 
 Wirz put a man in the chains when he was sick. I say that I never saw 
 him put a man in the chains or order a man put in when he was sick. And 
 I know as much about that as I do about anything else. When men were 
 reported and found sick by the doctor he took them out always. I am as 
 certain of that as of anything else. I know all about that. 1 think the chain- 
 gang was organized in July, in the first part of July. I cannot swear that 
 before that time there was no chain-gang ; I do not know exactly the time ; it 
 was the lattei' part of June or the first part of July when the chain-gang was 
 organized. I swear positively that before the last day of June the chain-gang 
 did not exist, so far as I know. I have as much knowledge in reference to that 
 as anything else. I think the chain-gang was done away with about the end of 
 July. It existed one month. There was no chain-gang after July ; I cannot 
 recollect to have seen it afterward. 
 
 Q. That you are positive about ? 
 
 A. I never saw it. 
 
 Q. Do you know aijything about it, then ? 
 
 A. No, sir. 
 
 The chain-gang commenced about the first of July and ended the latter part 
 of July; of that I am as positive as of anything else. I did not hear of a 
 man's dying in the chain-gang with the chain on them ; I never heard of it. I 
 swear poaitivbly that I never heard of a man's dying in the stocks. 
 
 By Counsel : 
 Q. When you spoke of the chain-gang, did yitu refer to a particular chain- 
 gang ? 
 A. I recollect only one chain-gang. 
 
 VACCINATION. 
 
 By the Judge Advocate : ' ' 
 
 I say that at one time a man who refused to be vaccinated was brought to 
 Captain Wirz. 
 
 Q. Repeat the reply which Captain Wirz made. 
 
 A. The man refused to be vaccinated by the doctor, and' Captain Wirz told 
 him that he had nothing to do with this matter; that it was an order of the chief 
 surgeon ; that he would not care a damn if they would die of small-pox if they 
 would not be vaccinated, but that it was an, order of Chief Surgeon White, and 
 that it had to be done. His manner was violent at the time. The surgeon took 
 the man to Captain Wirz. The man refused to be vaccinated, and the surgeon 
 brought him over to Captain Wirz — to tell Captain Wirz that the man refused ; 
 to ask Captain Wirz what should be done in the case. ' 
 
 Q. If the surgeon had everything to do with the case and Captain Wirz 
 nothing, why did the surgeon bring the man to Captain Wirz 1 
 
 A. I don't know. It may be that he brought him there to have him punished ; 
 I don't know. Nothing of that kind was said; he only said that the man 
 refused to be vaccinated, and Captain Wirz cursed the man in the manner he 
 
556 TEIAL OF HENRY VVIEZ. 
 
 always was talking. The vaccination was not by his order ; it was Surgeon 
 White who wanted all the men to be vaccinated. 
 
 Q. Do you know anything about Surgeon White's orders on that subject ? 
 
 A. I heard Dr. White say to Captain Wirz 
 
 Q. Do you know anything about the orders except what you heard Dr. White 
 say to Captain Wirz ? Did you ever hear any order ? 
 
 A. Yes, sir; Captain Wirz gave the order that men who lately came into the 
 stockade should stay in line and the doctors should examine them to see whether 
 they were vaccinated or not. 
 
 Q. Captain Wirz and not Dr. White gave the order on that subject? 
 
 A. He gave it, on the request of Dr. White, that the surgeons should exam 
 ine the men who came in lately to see if they were vaccinated or not, and to 
 take out for vaccination those who had not been vaccinated. 
 
 That began when the camp began to be very much crowded — in June or 
 July. 
 
 Q. Then always after that, when prisoners came, they were examined by the 
 surgeons to see whether they were vaccinated or not ? 
 
 A. It should be done, but the order was not carried out very strictly. I do 
 not know how often it was carried out ; I was not inside the stockade. I do 
 not know a single instance where the surgeons were sent for by Captain Wirz 
 to come and examine prisoners who had just been brought; they were examined 
 in the stockade or at the south gate. 
 
 Q. How do you know that? Did you go there ? 
 
 A. I saw it from Captain Wirz's office. After they left our headquarters I 
 did not watch them, but 1 saw them. I would happen to see them once in 
 a while. I do not pretend to know whether that was always done. I heard that 
 the order was not very well carried out from the confederate sergeants. I did 
 not in any single instance see vaccination performed. I do not know anything 
 ; about it. 
 
 wirz's adilitv to use both his arms. 
 
 I say Captain Wiiz's right arm was crippled. In a battle in Virginia he was 
 wounded. I do not know that he was hurt by being thrown from a stage-coach. 
 He never told me of that. He told me he was wounded. He told me once his 
 whole story, and he said his arm was crippled by a piece of shell somewhere in 
 Virginia; I do not know where. In 1S61 or 1862. I have seen Captain Wirz 
 on horseback very often. He mounted the horse on the right side. He held 
 the reins in his left hand. I never recollect seeing him hold a pistol ; he had a 
 pistol generally in a belt around his waist. I do not swear positively that I 
 never saw a pistol in his hand, I am as sure of that as of everything else. 
 I have seen Captain Wirz write. He wrote with his right hand. He ate with 
 his right hand. I don't recollect seeing him do anything else with his right hand. 
 It did not attract my attention especially what hand he used. 
 
 THE CHARUBS OF MURDER AGAINST WIRZ. 
 
 ) I never heard of Captain Wirz shooting, kicking, or beating a federal prisoner 
 while I was at Andersonville. I swear positively to that; I saw him pushing 
 prisoners into the ranks, but not that they could be hurt. He would take them 
 by the arm and push them into the ranks and say, " God,damn it ! couldn't you 
 stay in the ranks where you were put ?" He would not push them in violently; 
 a gentle push. He was violent in these moments, cursing and swearing, as he 
 always was with us, but he seemed harder than he was. I never saw him take 
 anyone by the throat, but by the shoulder or arm. Not with both hands; 
 with one hand. I don't know which hand. I have seen him often go up the 
 line of prisoners ; I have seen him counting them, a,nd I never saw him with his 
 pistolinhishandonany of these occasions; it was his custom; he had his pistol in 
 
TEIA^;i OP HENEY WIRZ 557 
 
 his belt. I saw him iu the stockade while I was there ; I saw him orice at the south 
 gate and once on horseback with Lieutenant Colonel Persons, and I saw him once 
 in the stockade while I was outside. I saw him riding among the prisoners 
 only once after I was taken out. On none of those occasions I never saw him 
 carry a pistol except always in his belt. I swear positively that 1 never heard 
 of Captain Wirz kicking or shooting a prisoner, nor in any way maltreating him ^ 
 except as I have stated. ^- 
 
 MEN BITTEN BY THE DOGS. 
 
 Q. You swear positively that you never heard of a man's being torn by the 
 hounds? , 
 
 A. I saw that Frenchy had his pants torn. That is the only instance of hounds 
 tearing the soldiers' clothes or flesh that I ever heard of, and I know as much 
 about all these things as about anything else. 
 
 THE ABSENCE OF CAPTAIN WJRZ FROM ANDERSONVILLE IN THE SUMMER OF 
 
 1864. 
 
 Daring the month of August Captain Wirz was so sick that Jie did not come 
 to the office. He was sick previously and sick afterwards while he was still in 
 command. In the first days of August he was on duty yet, perhaps up to the 
 4th or 5th day of August, and about the last day, the 30th or 3lst, he came 
 back. 
 
 Q. Between the 4th and 30th of August you swear positively that Captain 
 Wirz did no official act ? 
 
 A. He was not on duty. He was confined to his house and was partly on 
 furlough. I heard he was on furlough from Lieutenant Davis ; I did not see 
 him going ofi', nor see him returning. I know he was confined to his bed by 
 hearing it ; 1 did not see him. 
 
 Q. Who sent for you to come here ? 
 
 A. The sergeant-major of my regiment wrote here to you (the judge advo- 
 cate) stating that I would be a witness in Captain Wirz's trial, and I got my sub- 
 poena. Gruscetti did not bring me here. 
 
 By the Court : 
 The name of the sergeant-major is Robert H. Kellogg, of the 16th Con- 
 necticut. I 
 
 October 4, 1865. 
 
 George W. Fechtnbr, for the defence : 
 
 1 was in the Union army in September,, 1862; I was taken prisoner on the 15th of 
 September, 1862, by Colonel Jesse, a confederate colonel; I was held as a spy.baving 
 been identified by one of his men as such ; I was taken to Knoxville, East Ten- 
 nessee, and from there to Grenada, Mississippi; J was held in that country nine 
 months for trial ; finally I made my escape but was recaptured by the Mississippi 
 home guard, and taken to Columbus, Mississippi, andfrom there I was sent to Rich- 
 mond, under the name of Charles W. Ross ; I gave another name for the purpose 
 of saving iny life ; I had been on trial as a spy ; I arrived at Andersonville the 
 first of June, ] 864 ; none of my comrades who were captured with me were 
 punished as spies, except one who was hung. 
 
 condition of the PRISONERS IN THE STOCKADE. 
 
 When I arrived at Andersonville I was put in the stockade. 
 Q. ^hat did you do in the stockade ? — 
 
 A. I was prison sutler part of the time, and I was chief of regulators and 
 magistrate for the southwest part of the camp. My duty as magistrate was to 
 punish men for stealing; t punished some by flogging, some by setting them 
 
558 TRIAL OF HENKY WIEZ. 
 
 to work, and some by sentencing them to be washed. They were so very dirty 
 that they had to be washed once in a while, and it was a punishment to them. 
 
 The Judge Advocate. I must object to this course of testimony as immate- 
 rial and irrelevant. 
 
 Mr. Baker. You will find that this witness will give a new complexion to 
 matters inside the stockade ; that instead of all the horrors we have heard of, 
 he will show that it was a little more comfortable and agreeable. 
 
 The Judge Advocate. Very well, I will not object to that. 
 
 Q. State what you did as a magistrate. 
 
 A. In the southwest part of the camp all the men guilty of stealing were 
 Irougbt before me for trial; they were prosecuted by the men from whom they 
 had stolen ; they would steal tin cups, clothing, food and anything they could 
 get their hands on. The police there were oi-ganized for thq defence of the 
 camp ; they were composed of companies, thirty men to a company. (To the 
 Court.) They were organized for the regulation and defence of the men in the 
 camp; the system of robbing men in the streets gave rise to the regulators; 
 this system of robbing was carried on by a number of men who had banded 
 themselves together for the purpose of taking by force that which was not their 
 own, money, watches, clothing, and anything they took a fancy to. The 
 police were first organized by a number of men, who were prominent in the 
 camp, going round and secretly taking the names of able-bodied men who were 
 willing to take part in putting down the robbers. After they were sufficiently 
 strong it was done openly ; the raiders then tried to" put down the regulators ; 
 they styled themselves " the regulators." This led to an outbreak ; assistance was 
 called for from Captain Wirz, which was furnished immediately ; and the raiders 
 were taken out ; eleven of them were tried, six were hung, and five sentenced 
 to wear a ball and chain. There were sixteen companies of police ; they were 
 organized by the chief of police ; a man named Keese was the first chief ; he was 
 appointed by the regulators themselves ; the regulators elected their own cap- 
 tains, and these captains elected the chief; complaints were made daily concern- 
 ing robberies ; I would dispose of them to the best of my ability. For stealing 
 a tin cup, if the man was healthy, he was flogged; if he was not healthy he 
 was made to sit in a tent all day long, or he was taken down to the creek and 
 washed ; the men of the regulators executed my orders — the police. 
 
 The tunnelling was always carried on while I was there, sometimes success- 
 fully, very often not successfully. A number of men would band themselves- 
 together, either to work in the tunnel or to furnish funds to buy candles and 
 tools to workjwith. They would buy the candles through the rebel sutler ; they 
 would dig in nearly all parts of the camp, that is, in parts as close to the stock- 
 ade as possible ; in many instances a very deep well was dug ; they dug them, 
 from 50 to 100 feet deep ; these wells were dug in the day time ; at night the 
 men would be lowered down eight or ten feet, or just as far doyfxi as they wanted, 
 and they would commence tunnelling, filling up the well with the dirt in the 
 night time and taking it out in the day ; they would do that to prevent suspi- 
 cion. The rebel sergeants when they would notice fresh dirt would track it up- 
 to see where it came from ; sometimes they dug wells for water ; sometimes they 
 merely dug them to fill up again with the dirt which the3' took out of the tun- 
 nel. The men who were well off in the camp were generally the principal men in 
 working tunnels or digging wells ; if they did not wish to work themselves they 
 would hire substitutes to work ; substitutes could be got for a dollar in green- 
 backs a night ; they would work by reliefs ; some tunnels had three and some 
 six reliefs during the night. 
 
 There were quite a number of storekeepers of different kinds there ; I would 
 be safe in saying there were a thousand of different kinds in the stockade ; they 
 would keep their stores in their tents ; they dug holes in the ground to put them 
 in ; they got the stores from the post adjutant — the rebel sutler ; they got the 
 
TEIAL OP HENRY WIEZ. 559 
 
 largest part of them from him ; they got a good many stores through ihe hospital, 
 and by paying the guards at the gate $5 or such matter for leave to go into the 
 country to buy them. All kinds of trades that are calculated to make men 
 comfortable were carried on there, such as shoemakers, tailors, watchmakers, &c. 
 There were two watchmakers there, five or six shoemakers, and five or six tailors. 
 The streets were full of soup jobbers ; there were about thirty eating-houses there; 
 they consisted of tables made out of rough boards and long benches; coffee, tea, ham 
 and eggs, biscuit, butter, and honey could be got there ; there were at least five 
 hundred bakers in the stockade; they would bake biscuit, bread, pies, cakes. 
 They would get the flour from the post adjutant and from the cook-house and 
 through the hospital ; it would be smuggled in from the cook-house on woo^ 
 wagons ; it would be concealed below the wood and brought in. When the 
 wood would be unloaded the flour would be taken out and delivered to the men 
 it was sold to; it was always sold previously to being taken in; the bakers 
 would manage to carry on their business very easily ; there was always plenty 
 of wood for sale and plenty of flour to be had, and plenty of saleratus ; I had a 
 50-pound keg of that ; I had a store after I had been there a while, styled " the 
 novelty store." I had a greater variety to sell than any other man in the 
 camp ; some of the articles I had for sale were potatoes, onions, peas, beans, 
 apples, peaches, grapes, pears, plums, chickens, watermelons, saleratus, flour, 
 red and black pepper, honey, butter, and beer ; I had sorghum, about a barrel. 
 I had to pay for a barrel of sorghum $1,300 of confederate money ; that 
 would be $325 in greenback^. I had to pay $70 of confederate money per 
 pound for tea. We got the apples from the post adjutant; they cost us 
 at the rate of $60 a bushel, potatoes the same, onions the same ; flour cost us 
 $70 a sack of 98 pounds ; I had large quantities of tobacco ; it was gen- 
 erally in 25-pouud boxes, which would sell at $22 50 ; we got ale from 
 the post adjutant ; we bought it directly from him ; he always came inside 
 with loads of these goods ; I had ginger and capsicum, and different kinds 
 of roots and herbs in my store ; I would buy them from the paroled men 
 detailed in the hospital ; I would get apples, grapes, and watermelons sometimes 
 from the post adjutant; sometimes from the men who were on working squads; 
 they would get them when out at work and would bring them in and sell them 
 to the traders inside ; we coilld get outside whenever we wanted to by giving the 
 sergeant at the gate $5, generally to take us out to the country to a house 
 where those articles were kept for sale ; it was about five miles outside the limits ; 
 have very often helped sick prisoners, acquaintances of mine ; I would give 
 them medicine for scurvy and diarrhoea ; a dose of medicine there for diarrhoea 
 would cost about $1 25 in greenbacks; they would come around there 
 to my tent every day when I told them to do so. There were cloth- 
 ing merchants there ; there were only two that I particularly know of; but 
 there were a great many on the streets selling clothing of different kinds, shirts, 
 pauta, shoes, overcoats, caps and hats. Clothing was very cheap there; a 
 good pair of army shoes could be got for 75 cents or a dollar ; a very 
 good overcoat for $4; pants for $2; shirts were about the dearest 
 things there were there, they averaged about $3. There were quite a 
 number of money brokers there; they would buy and sell State money, 
 confederate money, gold and silver; there were about 50 of that class 
 there; they would also deal in bounty certificates and watches, and would 
 buy and sell bank checks. There were bank checks to buy and sell ; they 
 would be brought in by new prisoners; they would buy these bounty cer- 
 tificates at a great discount and run ihe risk of getting their pay on them ; there 
 was no place there for paying,those bounty certificates ; they would risk getting 
 their pay when they returned north ; it was not known there whether the cer- 
 tificates were genuine or not ; most of them were on the State of Massachu- 
 setts; they gave about 50 percent, for bounty certificates. I should judge 
 
560 TRIAL OF HENRY WIRZ. 
 
 there was half a million of greenbacks circulating there when the Plymouth 
 prisoners were brought in ; confederate money was brought in in any quan- 
 tity. There were a number of barber shops there where men could get 
 shaved, their hair cut and wiskers dyed, and some of them carried on the 
 doctoring business. Only one carried on the doctoring business that I know 
 of personally. They would buy their dyeing articles to work with, their soap 
 and other things, from new arrivals. Those things were brought in in large 
 quantities. During the month of June there was an arrival of fresh prisoners 
 nearly every day, who were brought from the neighborhood of Petersburg and 
 Kichmond. There- wore quite a number of arrivals in July. Not so many in 
 August. Those who were brought in in those months were generally able-bodied 
 men, very healthy, well clothed, and had plenty of greenbacks. They had 
 also a number of little articles wbich soldiers wear. There were two watch- 
 makers there that I know of. They repaired watches and jewelry. I have been 
 at their shops. I saw upwards of 50 watches in one man's shop, and a num- 
 ber of articles, such as breastpins and rings, left to be repaired. This man kept 
 a journeyman ; the work was too heavy for himself. They had a full set of 
 tools. They had a tent to work in. The tents were generally made of hlankets 
 stretched upon poles. Those poles were brought into camp by working parties. 
 There were pole merchants there. I should say there were about 30 pole 
 merchants. I'he working squads brought poles in — men who were taken out 
 every morning to work and who were sent into camp in the evening ; they would 
 hring in such things as they could secure every day, fence rails, poles, and boards. 
 The bakers could carry on theii: baking business very easily ; everything that 
 was needed to carry it on was to be had in the camp. Wood was for sale in 
 large quantities. They constructed ovens of mud, some very large and others 
 very small. They would buy the wood from wood merchants.and also from the 
 messes in camp. I cannot say how many wood merchants were there; they 
 were passing around on the streets all the time. Some would ge;t their wood 
 from the working squads ; they would bring in a good deal of it. Others would 
 draw it for the whole mess and sell it. The messes there would be divided up 
 in small numbers, and the men would agree to take each his turn in getting the 
 whole of the wood. The messes consisted of any number of men who agreed 
 to divide the wood up in this way. There would be from 6 to 30 men in 
 a mess. They would draw wood every morning, taking it by turns, biit one m4n 
 taking the whole at one time. The wood was brought in in wagons and hauled 
 right up to the quarters of the detachment and there issued to them. Then they 
 would divide it among themselves. There were four sergeants to each detach- 
 ment, one head sergeant and one sergeant to each squad. The squad sergeant 
 would take the wood for the squad and deliver it to the messes. The mess 
 would turn it over to the man to whom it properly belonged that evening — to the 
 man whose turn it was to have the wood. He would take ifc off and sell it to 
 the wood merchants ; to any one who would buy it. The bakers might-get wood 
 in that way. A common -sized cord stick was worth two dollars in greenbacks. 
 There were about iive hundred bakers there. The tailors had the business of 
 making pants out of corn-sacks taken from the commissary wagons. There 
 were a number of tailors — five or sis I was acquainted with. They were always 
 busy making pants for men who wanted a clean pair of pants to put on once in 
 a while, to make themselves feel like being at home. They stole the sacks out 
 of the commissary wagons. , 
 
 There was trading over the stockade. The trading over the stockade Was 
 done by men lying alongside the dead-line in the evening and asking the guard 
 if he had anything to sell. If he replied that he had, they would agree to meet 
 again at some hour during the night. When the man would come there, a sack 
 of beans or potatoes, or whatever else it ■n;as, would be thrown over the stockade 
 by the guard. The man purchasing it would wrap his greenbacks up in a rag 
 
TRIAL OP HENRY WIRZ 561 
 
 containing a stone, so as to throw it over the stockade. The guard next the one 
 that threw the things over would keep the man from coming inside the dead-line 
 ilntil the confederate examined the money to see that it was all right ; then the 
 man would be permitted to go inside the dead-line and get his goods. That 
 was carried on very extensively. 
 
 I had a store. I first bought a lot, and erected a shanty on it. I^dug a cel- 
 lar at the bottom of the tent, which was made of boards. In I he night-time I 
 would keep my goods in the cellar and in the day-time I would display them on 
 the street. I would buy the boards from men who belonged to the working 
 parties ; they would bring them in when they came in at night. There were 
 about three thousand tents or buildings of that sort inside the stockade, as near 
 as I can judge. About half of the area outside the dead-line was covered with 
 tents. We had real estate owners there ; every man owned the ground his tent 
 was on. There was some real estate agents for the purpose of buying and sell- 
 ing lots. They would buy lots whenever tliey could find them for sale, and 
 pay for them acc^ording to the locality. I bought a lot on a side street, six feet 
 square, and gave a dollar for it. I bought another on a principal street, also six 
 feet square, for which I gave five dollars. There was not anything on it. I 
 erected ^ shanty in both places. I bought the boards, which were for sale there 
 every day. There were lumber merchants there. I occupied the shanties. 1 
 occupied them for stores and for dwelling both. 
 
 There were gamblers there ; quite a number of them. They would deal faro, 
 honest John, euchre, seven up, and poker. There was an organized gang of 
 gamblers there ; also some detached gamblers who would make use of tents 
 during the day-time to gamble in, and who would have runners hunting out men 
 who wanted to gamble. TJiere was a great deal of money won and lost every 
 day ; there -were a good many '' chuckle-up" dealers, men who had a little board 
 with numbers on, and boxes of dice. There was money the^e, so that that could 
 be made profitable ; I should j-udge there were a hundred " chuckle-up" dealers 
 ou the main street, and they had a crowd around them at all hours of the day. 
 
 There was a great deal of suffering there on account of exposure to the 
 weather. I cannot say that anybody suffered from hunger. The rations that 
 I got when I first went there were sufficient for me to live on ; after the first 
 week I did not eat the rations at all. If anybody had money there he could 
 get what he wanted to eat. There were about a thousand dealers, stores and 
 snch like, there I think. 
 
 These men would dig their tunnels with knives, tin pans, and an instrument 
 that was made out of a shovel. 
 
 Q. Describe that instrument. 
 
 A. A shovel would be taken from the working party and the handle burnt 
 oi)t of it. The iron which lapped over the wood of the handle would be then 
 turned up at right angles, and the blade of the shovel would be rounded off. 
 
 They .would work with it by lying flat in the tunnel and just shoving it for- 
 ward as hard as possible. It was not very dark" there at night-time ; we had 
 candles. We got them from the post adjutant, the post sutler, who would get 
 them in very small quantities. They were a contraband article in the camp, 
 and we were not allowed to have them. Whiskey was a contraband article. 
 Candles were contraband on account of the tunnelling opepations having been 
 discovered. The adjutant was forbidden to bring any more into camp, as he 
 stated himself 
 
 (To the court.) The adjutant's name was Selmau ; he was a' confederate 
 officer. He belouo-ed outside ; he had a board shanty erected inside, and had 
 two federal prisoners to take charge of it. That was the sutler's storehouse. 
 He would have large quantities of flour, tobacco, beans,' and peas, salt and rice, 
 and small quantities of onions, potatoes, apples, and such things. Things that 
 H. Ex. Doc. 23 36 
 
562 TRIAL OF HENRY WIRZ 
 
 were liable to spoil would be brought in in small quantities, and anything not 
 liable to spoil would be brought in in large quantities. I would obtain grapes 
 by the quart every day. 
 
 Captain Wirz brought those raiders back. He turned them over to the men 
 who were appointed to luing them, and remarked that we were all prisoners in 
 an enemy's country and in a bad condition, to make the best of it, and if we 
 could get along without hanging those men to do so ; if not, to hang them, and 
 God have mercy on us all. Those men who were sentenced to be hanged were 
 taken hold of; the hangman stood on one side and another man on the other 
 side, and they were led to the steps of the scaffold. One of them broke away 
 and was brought back. They were all put upon the scaffold and asked if they 
 had anything to say. After they got through there were meal sacks drawn over 
 their lieads and the drop was drawn. The rope broke with one man and he was 
 Md up until the rope was adjusted again, and then he was pushed off. 
 i There were at least four hundred wells and springs in the camp. The water 
 was always plentiful. Tl^e water was very clear and good until the month of 
 June. During June the water was very muddy. It rained so much during that 
 month that nobody thought of digging wells or springs, and.the creek was always 
 very muddy. The deep wells were dug by companies ; each stockholder paid 
 so much for the privilege of getting water from the well at all times. There 
 was money paid also for providing a guard to watch the wells and keep them 
 from being destroyed, and also to keep too many from taking water outof-them. 
 There was a guard to guard them. The large wells were dug on the hill, north- 
 iWest of the creek. 
 
 Q,. How did they get water out of the wells 1 
 
 A. There were strings and ropes in the camp, anil boot-legs were cut up and 
 leather strings made. 
 
 There were buckets ; six buckets were issued to each squad of ninety men, 
 and there were also buckets for sale. All the buckets that were wanted could 
 be obtained for money. There was one man there who made bogus greenbacks ; 
 followed it as a business ; he made a living at it ; he had men to pass them off 
 at so much a dollar. Those greenbacks would be thrown over the stockade to 
 the guards in exchange for goods. ' He manufactured them with a green and 
 red pencil and paper; I have seen some of them ; I had one passed on myself, 
 a ten-dollar bill. None of those men were ever tried or punished. The making 
 of them was countenanced because it was for the benefit of the prisoners. 
 
 The swamp was partly filled when I came away. I came away the 24th of August, 
 1864. I left therefor Charlestonas an officer. (To thecourt.) All my evidence has 
 reference to the time before the 24th of August. There was a letter-box at the 
 south gate ; it was about a foot square. 1 saw it full of letters at one time. 
 When it contained letters there was a list posted up on the post to which the 
 box was nailed, and during such time as it contained letters a sergeant came 
 in every morning and unlocked it and called off the letters. If the men to whom 
 the letters belonged or any of their friends were there the letters would be 
 delivered to them. I saw one very small lot of boxes come for the prisoners; 
 I saw what was in one box ; the man next to me received it. That box had 
 been forwarded from Kichmond. 
 
 STOPPAGE OF RATIONS. 
 
 The whole camp was never deprived of rations any oiie day, from the 1st of 
 June, 1864, to the 24th of August, 1864. Detachments and squads were deprived 
 of rations. 
 
 Q. Explain how that was. 
 
 A. Men would escape by the tunnels and be reported by their sergeants as 
 around in the camp in some place ; the rebel sergeants when they would come 
 to count off the squad would insist on these men being found. The sergeants 
 
TRIAL OF HENRY WIEZ 563 
 
 of squads would then drill up men wherever they could find them, and make 
 them fall into place, and sometimes they would be detected in doing so, and the 
 squad would be deprived of its rations for that day. 
 
 VACCINATION. 
 
 I never saw any one vaccinated there. The rebel sergeants when they came 
 to count off the detachmenta would ask if there were any men there who had 
 not been vaccinated, and if there were they were to report at the south gate 
 at such an hour during the day. I saw some who had the appearance of having 
 been vaccinated ; men came by my quarters every day who had been vaccinated — 
 very few in comparison to the number in camp; I should ju Ige there were five 
 hundred altogether passing and repassing with their sleeves rolled up. I nevefj 
 knew any of them to suffer from sore arms; I never knew a man with a sore 
 arm in the stockade from any cause whatever. They could avoid be:ing vaccinated 
 by not going to the south gate. The rebel sergeant would merely ask if there 
 was any man who had not been vaccinated, and if there was he was to go to the 
 south gate to get vaccinated. If a man did not want to be vaccinated he could 
 keep still and not go to the gate. There never was an examination of the pris- 
 oners to see who had been vaccinated. There was not any such thing as the 
 guards taking them off by force if they did not want to go to be vaccinated ; ' 
 that never was done. ' ^"^ 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I saw Captain Wirz coming in the stockade three times that I distinctly 
 remember, while I was there. I never knew of his shooting, beating, kicking, 
 or in any way injuring prisoners while I was there. I never heard of it. I 
 circulated around the stockade to a great extent ; I was going all the time. I 
 never knew of the confederates getting fm-loughs for shooting Union pris- 
 oners. - ! 
 
 Cross-examined by the Judge Advocate : 
 
 I live in Quincy, Illinois. My brother has moved ther.j since I came here to 
 attend this trial. I have not lived there at all, but my home is with my brothers 
 who live there. I lived at Cincinnati when' I joined the service. I was in the first 
 Kentucky mounted volunteer infantry. I wasin theserviceonly thatouetime. I 
 never deserted the United States service. I never receivedacentof bounty ; I never 
 received a cent of pay. I served the United St-ites government without pay 
 or reward, and I never entered a regiment but the one I first joined. I was 
 captured in a fight at New Castle, Kentucky, on the 15th of September, 1862, 
 with my regiment. I do not know how many others were captured at the same 
 time ; I was not the only one captured ; the colonel was captured ; he was 
 Colonel Morris ; I do not know where he lived ; I was only in the regiment 
 from Friday evening until Sunday morning. I enlisted at La Grange, Kentucky; 
 I did not enlist, I received' an appointment from the colonel as second lieutenant. 
 I wasactingas second lieutenant when I was captured. I iiad not my commission. 
 I did not have charge of the company as such. I was serving as a second 
 lieutenant ;' there were twenty men in my company ; there were one hundred 
 and twenty-four men in the regiment; it was just organizing, is what made 
 it so small. It had not organized at the time I was captured. It was brought 
 into fight without being organized. There were parts of ten companies in it. 
 (To the court.) The regiment was never mustered into service. I do not know 
 if the colonel was mustered in; none of the regiment were mustered in that I 
 know of. 
 
 Q. How came it to get into a fight 1 
 
 A. We were on the march to get into the centre of Kentucky to get recruits, 
 
"bHA TRIAL OK UENRY WIRZ 
 
 and were surrounded at New Oastle ; we were going there by order of Colonel 
 Morris. We started off on our own hook to get into the middle of Kentucky 
 to recruit; we started from La Grange, Kentucky. We started on a Saturday 
 night, just at dark, in Septepiber, 1862. La Grange is about twelve miles from 
 New Castle ; Colonel Jessie captured us ; he was a rebel guerilla ; we were 
 not guerillas. I understood it was by the authority of the governor of Ken- 
 tucky that we were acting. I believe it was Governor Robinson. I left Cin- 
 cinnati about the first of September. 1 can name other officers of the regiment. 
 There was a Captain Robinson in the regiment ; I do not know where he lived; 
 1 think he lived in Louisville. There was also a Captain Cole in the regiment ; 
 he was captain of my company ; he lives in the centre of Kentucky. None of 
 them were commissioned ; none of them had received their commissions. None 
 of the officers or men of the regiment were commissioned or mustered. It was 
 not an independent organization ; it was merely organizing. We had muskets; 
 I do not know where they came from. I was there when the regiment was 
 partially organized. The muskets were all there at La Grange when I jomed 
 the regiment; I drew mine in camp ; I did not draw them for the company as captain; 
 I was acting as second lieutenant. We all had muskets, captain and all ; officers 
 and privates had all muskets ; I got mine from the acting quartermaster ; I do 
 not know who he was ; I never heard his name, that I recollect. He had them 
 in a tent ; they were the old Harper's Ferry muskets, flint-locks changed. At 
 the time we were captured we resisted ; I do not know that any of the men 
 were killed ; I did not see any ; there was a citizen of the place wounded, but 
 none of the troops were wounded that I know of. I am not aware that we 
 killed any of the rebels in that fight ; that engagement was probably like some - 
 you have been in. The fight continued about an, hour. We surrendered. It 
 was reported that the regiment fighting against us was only as strong as oui'S; 
 I cannot say. We were fighting with equal numbers, and alter an hour's figl.ting 
 we surrendered. We lost no men and had none wounded that I know of. I'he 
 rebels had carbines and shot guns. We were in the court-house, about forty 
 of us. The regiment was not composed of forty men only; tlie regiment con- 
 sisted of one hundred and twenty-four men. The rest of them had gone back 
 some place in the hills. We became separated because we resolved to stay in 
 ■the court-house. A body of us were ordered to remain in the court-house ; the 
 •rest left, including the colonel. I do not know that the men were allowed to 
 separate by anybody's order, but they did separate. I do not know where the 
 (rest went to ; we went into the court-house to make a fight. I did not send 
 away any of the men. 
 
 Q. According tp your estimate there were seventy of the men nobody knew 
 where, and forty went into the court-house to fight ; were you one of the 
 ifortyl 
 
 A. Yes; there were over eighty went oif. I- never united with the eighty; 
 I never heard of them again. The forty fired upon the rebels as they charged 
 ■on the town and continued to fiie for an hour, land then we surrendered. Over 
 a hundred attacked us, I cannot say how many. I was taken to Knoxville, 
 East Tennessee, after I was cuptnred. I do not know what became of the rest. 
 I was put under special guard They made a special matter of my case; they 
 recognized me ; it was claimed that I was a spy ; one of Jessie's men recognized 
 mo as such. He claimed that I was a man whom ho had seen before; I do not 
 know that he ever saw me befme ; I do not know it. I do .not know where 
 the rest of my regiment was taken. I do not know anything about the 
 colonel ; I never reported to him again. I made inquiries for him 
 after I came out of prison ; 1 have not heard of any of the regiment since ; I 
 never heard of any of the officers since ; I have inquired about them ; I could 
 hear that there was such a regiment, but I could not hear what became of them. 
 I was kept at Knoxville about a month ; I was kept in the jail at Knoxville. 
 
TRIAL OF HENRY WIRZ. f)6f>.. 
 
 When I was captured I had in ray possession a fac-siraileof confe,derate money,, 
 a discliargfl of my brother's, and a parole of honor, not a forged one, a genuine ■ 
 parole ; it was my own parole of honor not to take up arms against the Confederate- 
 States. 1 have not taken an oath to serve the confederate government ; I have- 
 not taken an oath not to take up arms against it ; I gave my parole I was 
 not in violation of my oath when I was captured ; my parole had run out ; my 
 parole was given to the man who commanded at Lexington, Kentucky, in the 
 fall of 1862. As nearly as I recollect, I bound myself not to take up arms- 
 against the confederates while they remained in Kentucky. I am certain about 
 that ; it was not that I was not to take up arms against the southern confederacy 
 while it was fighting tlie government, it was merely while they occupied Ken- 
 tucky ; it was forced upon me. I was a citizen of Cincinnati and was at Lex- 
 ington, Kentucky, when 1 was arrested on the street, taken to the provost mar- 
 shal's and forced to give a parole. 
 
 Q. How were you forced ? 
 
 A. They threatened to send me to the guard-house 
 
 Q. How were you forced ? 
 
 A. They threatened to send me to the guard-house. I was at Lexington, 
 Kentucky, looking for work. I could not get work at Cincinnati. My trade 
 is coach-making. I made application at Cincinnati for work. That was in 
 18G2. There are not more extensive establishments of the kind in Lexington 
 than there are in Cine nnati. I went there because it suited me best to work 
 there. I can name an individual in Cincinnati to whom I applied for work. I 
 appliefl to J. & B, Bruce, comer of Elm and Columbia stn-ets. I applied to them 
 in the fall of 1862. 
 
 After I left Knoxville I went to G-renada, Mississippi. The rebel home 
 /guard took me there. I don't know what I was considered at that time; I still 
 understood that I was under charges. I had nothing about me at that time; 
 nothing but my clothes. I was kept at Grenada until a raid came, and then I 
 was taken to Jackson, Mississippi, by the rebel guard. I staid there two or 
 three days. 1 took nothing but my clothes from Grenada to Jackson, They 
 took me to Canton from .Tackson. I dou't know how long I was there ; I was 
 off and on a dozen times. I was taken from there to Panola, Mississippi, for 
 trial. I was run from one place to another during the time that Grant was be- 
 sieging VIcksburg'. 1 left Panola finally about the last of June, 1863. I had 
 nothing but my clothing with me there. I took away nothing with me from 
 tli&e. Next I was takei to Canton again. I made my escape from Canton on 
 the 5th of July, and tried to reach Fryer's Point, on the Mississippi river. That 
 was in 1863. I was captured and taken to Columbus, Missi-ssippi ; staid there- 
 about a week, and was sent to Eichmond. I arrived in Richmond the last part 
 of July, 1863. I staid in Libby prison nine days, and then was put on Belle 
 island. I staid there till the last of August, 1863, when I made my escape. 
 I was recaptured at Petersburg on the 1st of September. I staid the whole 
 of August at Belle island. After I was captured at Petersburg I was put in 
 Castle Thunder, and kept there five months.. I was sent from there to Salis- 
 . biu-y. North Carolina. I took nothing with me but my clothing and a ball and 
 chain. I staid at Salisbury four months. I left there in May, 1864, I was 
 taken from there to AndersonviUe. I took nothing with me but my clothing. 
 I was put in the stockade the same day of my arrival there. 
 
 C0.\D1TI0N OF .THE PRISJNKKS IN THK STOCIfADR. 
 
 I commenced business at Andersonvill§ about the second week after I arrived 
 there. I started in business on my ration of corn-bread I don't know what 
 day. It was not the first day I arrived; it was some day in the 'first week I 
 was there I sold my ration of corn-bread. I got ten cents for it. I sold it to 
 
566 TRIAL OF HENRY WIRZ. 
 
 somebody in the street; I could not say who. I don't know what he did with 
 it. I saved the ten cents till I got more. I saved it till the next week. I got 
 ten cents every time I drew a ration of corn-bread and sold it. At that time 
 my ration was a piece of corn-bread about three inches thick and four inches 
 long and wide, a pint of cooked beans, and a piece of bacon. I lived on the 
 peas and bacon. I ate no corn-bread at all. I continued on that regimen about 
 two weeks, and I sold my corn-bread ration every day for ten cents. That was 
 not the extent of my trading ; I bought eggs and sold them, and then I bought 
 soap and sold it. I commenced dealing in eggs abriut the 10th of June, I think. 
 I bought thirteen dozen of eggs. 1 paid three dollars and sixty cents for them 
 per dozen. That was about the 10th of June, and I went in the Stockade about 
 the 1st of June. I bought them from a njau nicknamed " Limber Jim." Up 
 to that time I had not bought anything. I sold my ration for ten cents a ration 
 up to the 10th of June. 1 do not know how much it would make. I bought 
 the eggs on tick. It was customary to deal on tick among men who had confidence 
 in each other. I was regarded as a man of honor, and am wherever I go. I did 
 not fleece prisoners out of their money. I consider it consonant with my ideas 
 of honor to buy and sell among prisoners who are slarving. I could not assist 
 them wi'hout doing so. I consider it consistent with my ideas of honorto trade 
 with any man when I can better myself and others by so doing, and that is the 
 basis on which I justify my traffic with those prisoners. I continued to traffic 
 in that way until the very day I left the stockade I do not know how much 
 money I made while there. I gave it away every day. I would give it to my 
 friends, to men whom I got acquainted with there. I robbed no one. I traded 
 with strangers to give money to my friends. I consider it honorable to take 
 from strangers and give to friends, for this reason : the strangers were healthy, 
 able-bodied men, and my friends there were sick. I sold to whoever wished to 
 buy, and when men were not able to buy I gave it to them. When I left Ander- 
 sonville I had $520 in greenbacks, and I entered without anything. At one time 
 there I had in my possession five thousand dollars, which I got by trafficking 
 in t'latvvay. I was there from the 1st of June to the 24th of August. I pur- 
 chased flour, beans, pies, potatoes, onions, tobacco, honey, butter, grapes, apples, 
 peaches, pears, ;ind beer. I purchased sorghum at $324 a barrel in greenbacks, 
 or $J,300 in confederate money. I purchased two barrels of sorghum while I 
 was there. I purchased them from the rebel sutler — the adjutant of the post. 
 I do not recollect whether or not I paid him for the sorghum at the time. I 
 paid hitn for it some tim-e. I paid him money every evening. I bought flour. 
 I paid seventy dollars a sack for it. I bought floiu' in sacks almost every day 
 Some days I sold as much as a thousand dollars' worth of flour. Almost every 
 day 1 bought flour in the sack, Sundays and week-days, from the adjutant 
 of the post. I bought apples also ; sometimes as much as a bushel at a 
 time ; not in the sack — merely piled up in a tent. I would go there and view 
 them. TJiey were piled up by the men owning ihem. Apples were brought 
 in by the working parties. I paid sixty dollars a bushel for apples. I never 
 bought apples from the adjutant. I did not buy them almost every day ; they 
 were a scarce article. I bought potatoes too ; I bought them by the sack. I 
 paid sixty dollars a sack for them. I bought the potatoes from the post adju- 
 tant. 1 bought onions by the sack; they were brought in by the sack. I 
 bought them from Selman, the post adjutant, at sixty dollars a sack. Potatoes 
 and onions I bought daily. Of onions I bought but one sack a day on the 
 average. Of potatoes I bought about three sacks a day on an average 
 
 The commission here adjourned till to-morrow, Thursday, oth October, at 10 
 o'clock a. m. 
 
TlilAL OF HENRY WIRZ. 567 
 
 October 5, 18G5. 
 The commission met pursuant to adjournment. 
 
 ATTEMPT TO IMPEACH THE TESTIMONY OF THOMAS C. ALCOKE. 
 
 Mr, B^KER. With the permission of the judge advocate, I desire to ask this 
 witness one or two questions before he proceeds with the cross-examination. 
 
 Thl- Judge Advocate. V.ery well; ask your questions. 
 By Counsel : 
 
 I know the witness Alcoke, who testified here on the part of the prosecutionT? 
 I had a conversation with him just previous to his departure from here after he 
 had testified on the stand. 
 
 Q. Stale what it was in relation to his testimony. 
 
 The Judge Advocate. I object. The purpose is to impeach the testimony 
 of Alcoke. 1 submit that the proper ground has not been laid ; if so, the record 
 will show it. The witness Alcoke must have been asked and asked during his 
 cross-examination, whether at any time, mentioning the time, and in the presence 
 of anybody, mentioning the persons, he said such and such a thing with regard * 
 to this case. If that ground had been laid and the record showed it. then this 
 witness could be interrogated as one of the persons who heard Alcoke; that is 
 the rule, and the reason of it is, that a witness before l^e is impeached must 
 be cautioned of the particular thing he is going to be impeached about. The 
 court and the counsel understand that. 
 
 Mr. Baker. The judge advocate will bear in mind that in the case of one or 
 two witnesses for the prosecution I requested them very politely, indeed, to be 
 particular on certain points, because I expected to contradict them, and for that 
 suggestion I received a very severe rebuke; of course I would not attempt it 
 again In the next place, as to this witness Alcoke, I am not contradicting him 
 as to any part of his testimony, but I propose to show to the court the degree 
 of weight that should be attached to that testimony by reason of the manner in 
 which, after he had testified, he expressed himself to this witness on certain 
 points : of course I could not call his attention to that while on the stand. I pro- 
 pose to give to this court his own denial of the truth of his testimony, and of 
 course no one could know that he would deny his testimony until after he had 
 given it. After he had given his testimony he gaid himself there was no truth 
 in it, and that goes to his impeachment, not to a contradiction of any facts to 
 which he swore. I have a right, according to the rules of law, to show that any 
 witness after he testified said that his testimony was untrue. Nothing is clearer 
 than that, and that is what I propose to do now. The objection of the judge 
 advocate is on another point which does not arise. It relates to contradicting 
 a witness, but this is impeaching the testimony of a witness by his o,wn lan- 
 guage. 
 
 The Judge Advocate. The fact now stated presents the rule in another 
 aspect. It is ihat the language used by the witness was used after his exam- 
 ination. .\'ow, if the court pleases, the same principle is involved, for this reason : 
 that after Alcoke was examined and off tlie stand he was no longer acting under 
 the solemnity of an oath. The reason for contradicting a witness while on 
 the stand is to make him reiterate things under the solemnity of an oath. That 
 is the only point there is in it. If the purpose had been to cross-examine him 
 for the purpose of impeachment, or if a desire had been entertained by the coun- 
 sel to impeach him, he ought to have put him on the stand again for that pur- 
 pofe. 
 
 Mr. Baker. The judge advocate misunderstands my object. It is not to con- 
 tradict the witness in anything he testified to. 
 
 The Judge Advocate. I understand that. 
 
 Mr. Baker. Of course then I could not call his attention to it while he was 
 on the "♦""'-i 4fto~- iio haH tpst.ified and was going away, he said himself that 
 
568 TRIAL OF IIENEY WIRZ. 
 
 there wiis no truth in his testimony. So of course it could not have anything to 
 do with my contradicting what he te!?tified to, while on the stand. It is an im- 
 peachment, not a contradiction, showing from his own language that there was 
 no truth in his testimony. If the court is about to rule upon it, I will put it in 
 this shape that it may be considered. I offer to show by the witnes,s now upon 
 the stand, that the witness Alcnlie, who testified for the prosecution, after he 
 had got through his testimony and had got his discharge, told this witness that 
 Uhere was no truth in what he had testified to. That is my object. 
 
 The court was cleared for deliberation, and on the doors being reopened. 
 
 The Prb.side.\t said : Mr. Baker, the court have decided to sustain the obje ■- 
 tion of the judge advocate. At the same time they have decided that if you 
 wish to continue the investigation of this matter under the rules of law, as clearly 
 settled, you can take a summons or subpoena for the witness, bring him back, put 
 him upon the stand and ask him questions. 
 
 Mr. Baker. I should like to continue the investigation under what I consider 
 the rules of law, but I do not wish to bring back a witness for the government 
 under the circumstances. 
 
 The Prksident. You have to accept the decision of the court. We cannot 
 consent to violate the law as clearly established and repeatedly decided. At the 
 same time we are not desirous of protecting any man who may have acted in the 
 way you seeni to think you can establish t(iat this man has acted, and for that 
 purpose we offer you a subpoena for the witness Alcoke. 
 
 Mr. Baker. I do not want that. 
 
 The President. Very well, that is the decision ; no raire remarks on it. 
 
 Mr. Baker.. Of course I shall abide' by the decision of the court. 
 
 The President. Of course you will have to do it. 
 
 Mr. Baker. Well, I have no disposition to do olherwise, and have never 
 shown any. 
 
 The President. You talk as if you had. 
 
 Mr. Baker. I always abide by the decision of the court respectfully. 
 
 The President. Well, let it be so without any remarks. 
 \ Mr. Baker. I have nothing further to ask the witness. 
 
 October 5. 
 
 Cross-examination resumed by the Judge Advocate : 
 I was born at Lancaster, Ohio ; I shall be 24 years old my next birthday. I 
 have a trade ; I am a coach-maker. I have worked at that trade since 1853. I 
 was at home before that time ; I did not live at home in Lancaster, Ohio. My 
 home was in Cincinnati. I left Lancaster, Ohio, when I was five years old. I 
 removed to Cincinnati. I lived in Cincinnati till the breaking out of the war, 
 except such time as I spent learning my trade at Covington, Kentucky. I learnt 
 my trade in Covington. I think I was nearly fourteen years old when I first 
 went into it. I shall be 24 next birthday, and I have been working at coach- 
 making since 1853. I do not know whether I have got that figuring right or 
 not; I believe I commenced learning the coach-maker's trade before I was four- 
 teen years old. I do not know how much before; I have not figured it out. I 
 don't think it was any years before. I have never been convicted of any crime ; 
 I never committed any. I have never been charged with the commission of any 
 crime, I have never been in any penitentiary or jail, except such rebel jails as 
 I have been in. I did not take an oath of allegiance while I was at Anderson- 
 ville, to the rebel government. I did not make any promises to that govern- 
 ment while there. I never was tried as a spy ; I was held for trial when I made 
 my escape. I said on the record that I was held for trial. I told you distinctly 
 that the trial was interrupted by raiding parties from Memphis. The trial had 
 begun. It had begun twice and was interrupted each time. It was a court of 
 
TRIAL OF HENRY WIRZ. 569 
 
 confederate officers that tried me; a military court at Panola, Mississippi, both 
 tjmes. The interruptions were made by raiding parties from Memphis. I left 
 Panola each time and went back again ; I don't recollect the month when my 
 trial first begun. I had no assumed name then. My name there was Fechtner. 
 It was shortly after that when I was next tried; in, the course of a month. I 
 was arraigned then under the name of Fechtner ; I assumed the name of Charles 
 W. Ross, after I dropped that of Fechtner. I assumed' it at Columbus, Missis- 
 sippi. After I made my escape I was recaptured and gave the name of Charles 
 W. Ross, to prevent being taken back to camp und tried as a spy. I had not 
 acted as a spy ; I left Cincinnati about the last of August, or the first part of 
 September, in the year 1863. 'The rebels occupied Kentucky at that time. I 
 do not know"how much of it. They occupied Lexington then. I left Cincinnati 
 to get employment, and went to Lexington because 1 could not get employment 
 in Cincinnati. The rebels were not in possession of Lexington when I went 
 there. When I said a moment ago they were, I did not have reference to the 
 first of the month ; I had reference to the last of the tnonth. They occupied 
 Lexington after I arrived there. I knew that they occupied Kentucky. They 
 did not occupy Lexington when I went there. 1 went there to get work. It 
 was not in rebel possession. , If I stated otherwise I made a mistake. I did 
 not assume any name there ; I went under my right name In the course of 
 two weeks after I arrived there ; I was required to give a parole. It Tvas made 
 out in the name of Feclitner. I do not know who was in command of Lexington 
 when I got there ; I think the rebel general. General ,Tohn Morgan. I do not know 
 what time I arrived there ; I do not know where his headquarters were. I 
 suppose General John Morgan was ii;i command when I arrived there; I do 
 not know ; I was not conversant with rebel affairs. I could not tell where his 
 headquarters were. I did not know. I was not told ; I was told he was in 
 command ; I heard it on the street in Lexington. I told you that Lexington 
 was captured in the course of two weeks after I arrived there. There were no 
 rebels in command there when I arrived. I did not say that General Morgan 
 was in command there when I arrived. 
 
 By direction of the judge advocate, the reporter read the following question 
 and answer from the record : 
 
 " Q Who was in command at Lexington when you got there ? 
 
 " A. I do not know who ; I think General John Morgan." 
 
 That is not true ; I did not enter the military service until after I left Lex- 
 ington. I went to Louisville from there ; I^did not enter the military service 
 at LouisvUle ; I entered it at La Grange, Kentucky. I entered the service 
 there. That was the first time I was in the service at all. I went from La 
 Grange to New Castle. I should judge it is twelve miles from La Grange as near 
 as I can'^recollect, east of La Grange. That was in September, 1862. I was 
 captured at New Castle. I said that the colonel was captured at the same time ; 
 not with me. He was not in the squad of forty. I could not say where he was, 
 not being with him. I saw him five minutes before we entered -the court-house, 
 before the fight began. We were in the conrt-house square at the time the 
 enemy had approached in sight. The fight had not begun — the skirmishing. 
 The fight began as scon as the colonel retired from the town. Colonel Morris. 
 He retired about the time we entered the court-house. There was no organ- 
 ization of the regiment, no ^discipline ; that is how it happened that our regiment 
 were divided in that way. They scattered and took to the hills ; only forty 
 stood for the fight — that is all ; I have never heard of any of the members of 
 that organization since I came back, or what became of them. 
 
 Lleft Andersonville on the 24th of August, 1864; I was taken away as an 
 officer; I was ordered away by Lieutenant Davis. When I first arrived there 
 I did not report myself as an officer ; I did not make myself known as an officer 
 till the day I was taken away. I did not claim the privileges of an officer be- 
 
570 TRIAL OF HENRY WIRZ. 
 
 cause I did not think I was entitled to them. I knew I was not an officer ; I 
 made representations finally that I was an officer. I think that was false in 
 some respects. I thought I was entitled to the privileges of an officer, seeing I 
 was acting as such when captured. 
 
 Q. A moment ago you said you thought you were not, entitled to the privileges 
 of an officer 1 
 
 A. A man is liable to change his thoughts. I do not change mine in half a 
 minute. They are both the truth. It is true that at one time I did regard 
 myself as entitled to the privileges of an officer. It is not false that I left there 
 representing myself as an officer. I went to Macon from there. I said yester- 
 day I went to Charleston. Macon is on the road to Charleston. There is no 
 explanation about it. I went to Macon, and from there to Charleston. I could 
 not say exactly when I arrived at Charleston. In the course of a week, I should 
 judge — in about a week ; that would make it about the 1st of September. I 
 do not know how long I staid in Charleston. I was kept there as a prisoner — as 
 an officer. I gave the name of Charles W. Ross, fifth Ohin cavalry — I mean first 
 Kentucky mounted infantry. I said fifth Ohio cavalry, because I had been 
 passing as a member of that regiment at Audersonville. I gave my name there 
 as Charles W. Ross, company K, fifth Ohio cavalry, with the rank of private. 
 I deliberately falsified when I entered the stopkade. 
 
 Q. You called yourself a private, when you were an officer 1 
 
 A. I was not an officer. 
 
 Q. Then you were not an oflicer at all ? 
 
 A. A man is not considered an officer till he is mustered in, ps I under- 
 stand it. 
 
 Q. Then you do not persist in saying'that you were entitled to the privileges 
 of an officer ? . 
 
 A. I pers-ist in saying that I thought I was entitled to the privileges of an 
 officer. 
 
 Q. But you persist in saying ihat you were not an officer ? 
 
 A. No ; I was not an officer. I could not receive pay as such. I did not 
 know that an officer was entitled to difi'erent treatment there from a private, and 
 I did not find it out after I left. I sought to leave because my life was threat- 
 ened by men that had been raiders there. I have never been a'raider myself. I 
 have never participated in their operations. I did not secrelly sympathize with 
 them. I never made money out of them., I have never shared in the money 
 they made. 
 
 I do not know when I left Charleston. I have no idea whether it was in 
 one month or two months. It was not more than two months. I believe we 
 left in October. I left when the rest of the officers did I left with the officers. 
 I went from there to Columbia, South Carolina I staid there until the 1st of 
 March — about the 1st of March, 1865. I assumed the name of Charles W. 
 Ross, 1st Kentucky mounted infantry, with the rank of second lieutenant. I 
 staid at Columbia from the time of my arrival till about the 1st of March, 1SC5. 
 I made my escape from there, and was recaptured in the field. I made my 
 escape by concealing myself under the hospital when the prisoners were moved 
 off I wgs captured again by rebels in the field in the first week in March. That 
 was four or five days after I escaped. I had no money ; I had spent my money 
 for something to eat, and siven it away. I had given it away ; I can name 
 several persons to whom I gave money. I gave money to Lieutenant Tinker, of 
 an Indiana regiment ; I cannot say what regiment ; I think t!ie eighty-first. I 
 can give you his post office address. I gave some to Lieutenant Johnson, of the 
 third Maine regiment. That was part of the money I made out of the prisoners 
 at Andersonville. After I was recaptured, I was sent to Richmond and 
 exchanged under the name of Charles W. Roes, first Kentucky mounted 
 inftintry. I was exchanged by order of Robert Ould, on the confederate side, 
 
TRIAL OF HENRY WIRZ .'i? 1 
 
 and received by Colonel Mulford, on the federal side. I think rolls were passed 
 at the time; I don't know. I assumed on the rolls the name of Charles W. 
 Ross, second lieutenant first Kentucky mounted infantry. The rolls were made 
 at Richmond. I know there never was any such officer in that regiment. I 
 do not know anything about whether the government knew it. I know the gov- 
 ernment exchanged me under the name of Charles W. Ross, belonging to the 
 first Kentucky mounted infantry, when there was no such officer in that regi- 
 ment. I did not perpetrate a fraud on the government, because, immediately 
 upon reaching the federal lines, I went to Colonel Mulford and told him about 
 my case. I was not an officer ; I believe there was an officer exchanged for me. 
 I do not know that I perpetrated frauds on both governments, because I 
 explained my position to Colonel Mulfordi and was accompanied by an adjutant 
 of the fourteenth Illinois cavalry. That was the 14th of March, 1865. I was 
 ia Richmond that last time about three days. I was about four days coming 
 from Columbia to Richmond. I was about four days getting to Richmond. I 
 didn't say that 1 was captured on the 14th; I said about the first. I was deliv- 
 ered for exchange on the 14th. After I left Colonel Mulford, I was sent to 
 Annapolis, Maryland, to Parole camp. I was sent there because it was the 
 depot for exchanged prisoners. I went there as an officer. I entered the name 
 of George W Fechtner. That is my right name. 1 have a certificate to that 
 effect. I left Camp Parole the same day that I arrived there. That was the 
 14th of Mavch, 1865. I do not know how far that camp was from where I saw 
 Colonel Mulford, I went from there direct to Cincinnati. I remained there 
 until I recovered from sickness — about a month. That was in April, 1865. 
 Then I went from there to Vevay, Indiana. I remained there until about the 
 1st of September, 1865. I was not subpoenaed from there. I Was subpoenaed 
 from Cincinnati. I was in Cincinnati at the time I was subpoenaed. I visited 
 Paducah, Kentucky, Chicago, Illinois, and St. Louis, Missouri, during the time 
 I was absent'. No other places that I now recollect. 1 was travelling on 
 private business. I object to giying my private business here I do not 
 want to avail myself of an unwillingness to disclose any crime. 
 
 Q. Then what was your business ? 
 
 Mr. Bakeb objected to going into the witness's private business. Ho knew 
 nothing about it, but it was contrary to all rule. 
 
 The objection was not sustained. 
 
 I was, never a gambler. I went to Paducah, Kentucky, to visit a brother of 
 mine; that was the business I was engaged in. I went to visit him not on busi- 
 ness. As I understand it, there are, different businesses besides commercial 
 business... The business was a visit to my brother; that was all. His full 
 name is Charles R. Pechtner. I could not tell you in what part of the city of 
 Paducah he lives. I can give you his post office box: it is No. 226, He 
 resided there when I last heard from him. I went to St. Louis, too. I went 
 there to hnnt up a sisler I had not seen for a number of years. 1 staid there 
 but a very short time. My business there was to visit my sister-. Her name is 
 Miss Lizzie Pecbtner. She lives at Carondelet, Missouri. At that time I did 
 not find her residence. I went next to Chicago. I went there to hunt up a man 
 who was owing me money. It was Lieutenant Cummer, thirteenth Illinois 
 ittlautry. I did not find him. I returned then to Cincinnati. Those are the 
 only places I recollect having visited of any importance while I was gone. I 
 could not tell you what time I arrived at Cincinnati. This travelling was done 
 between the 20th of March "and the 1st of August. I idid not play at cards 
 while I was gone. I did net gamble during my absence from Cincinnati, I 
 ■ did not pursue gambling as a business while 1 was at Cincinnati. I did sometimes 
 . gamble, I did not gamble any while I was at Andersonville. I played cards there 
 always for sport or for drinks. I played for eatables and for drinks, I never played 
 for monpv. nr clnthino-. or anvthinff of that kind. 1 have three brothers. One of 
 
672 TRIAL OF HENRY WIKZ. 
 
 them is now in Cincinnati. He has always been tliere — lived there. The one 
 at Paducah hijs been there since March last. Before that time he has been 
 around in different parts of the country in different States. He has not resided 
 anywhere permanently. He resides now at Paducah. I have only three brot'iers. 
 I said yesterday I had two living at Quincy and one at Cincinnati, and now I 
 say I have one at Paducah. I have no fourth brother. I told you my brother 
 had moved to Quincy when I came from Cincinnati. I said just this moment 
 that I had one brother in Cincinnati, and I have one at Paducah. I said yes- 
 terday I had two in Quincy. My home is with my brothers, and they live in 
 Quincy. One of them who liyes at Quincy is at Cincinnati. It is true that the 
 one who I say is- at Cincinnati lives there, and he is now living in Quincy. No, 
 sir; he has not two residences. He has but one residence. He is in Cin- 
 cinnati at present, or was in Cincinnati last Friday, or on the 27th of last 
 ronth. 
 I arrived at Andeisonville the 1st of June, 1864. I was put in the stoikade 
 the same day. I left there the 24th of August, 1864. I went out of the stockade 
 frequently while I was there — very frequently. I should judge there were 500 
 wells atid springs there. I do not know the number of wells — about 50 that could 
 be called wells. There were about 450 springs. They were located along the edge 
 of the swamp adjoining the creek. All of them were running; pui-e and clear 
 water. They were located from the upper part to the lower part. ,They were in 
 that condition all the time, except during the rainy season — except during tlie 
 month of June. The water was pure, good, and clear. There were 450 of them. 
 They could not get more ihan a pint of water at a time from most of ihiSm. 
 At none of the springs could you dip out a backet full at a time and continue 
 that during the day. None of those springs yielded a bucket full at a time; 
 they were not deep enough to put a bucket in. We did not use buckets at the 
 springs. We applied the buckets to the wells. There were about 50 wells. 
 They were from 50 to 100 feet deep. Some of them were six feet in di inieter. 
 The average diameter was about three feet. A great many of them were curbed np 
 with flour barrels. None of them wei e as narrow as one foot in diameter. I do 
 not know the exact width of a flour-barrel. Some were as nari-ow as the diam- 
 eter of a fl ■ur-barrel. I fix the average at three feet. Some of them were cov- 
 ered ; some were open. When covered, they were not occupied by tents or for 
 sleeping purposes. There was a small hole left in th^ centre of the covering for 
 the purpose of drawing water, but they were not occupied in any way. 1 do 
 ( not know how many holes were used for tunnels. I was engaged in three 
 myself I cannot say how rnilny I knew about, because we were trying to tun- 
 nel all the time. I can only speak of three tunnels. They wer« about two feet 
 in diameter. Sometimes they were occupied, and sometimes not. The three 
 tunnels that I was connected with weri' all occupied for sleeping purposes. We 
 slept over them. 1 know tunnels that were never occupied. I couldn't state 
 the number. I know of tunnels that ran in from wells that had been dug. 
 There were not any tunnels unoccupied from the surface of the ground, only those 
 that went down from wells. 
 
 There were not many vacant lots there for sale. Sometimes a man would 
 sell his lot and move off. He would go to some other place, join in with 
 somebody that had a tent already up. I should judge there were about 20 
 vacant lots at the time 1 was looking for a lot. They were generally about six 
 feet square. I do not know of but 20. My shanty was located on the main 
 street, leading from North JIain street to the new stockade, directly in the rear 
 of the sutler's frame shanty — about 50 feet from the sutler's frame shanty. 
 [A diagram being handed to witness, he /pointed out upon it the location.] 
 My shanty was not half way between the creek and the north end of the 
 stockade ; it was about a third of the way, and directly in the rear of the sut- 
 ler, and about a third of the way from the west side of the stockade. I was 
 
TRIA.L OF HENRY WIEZ. 57i5 
 
 not in partnership with the sutler. I never shared any of his profits. I never 
 contributed to his profits. My sheiaty occupied six feet square. Some one else 
 occupied it with ma ; my partner occapie 1 it with me, and three mm we hid in 
 our employ. I. had a business partner ; he was Charles W. Ellis. One of the 
 clerks in our employ was a Frenchpian ; one was a little boy of the 17th Penn- 
 sylvania cavalry. 1 forget what regiment the other one belonged to. The boy 
 slept outside the shanty ; four of us slept inside. I did not have the boys be- 
 cause of the extensive business I had there ; I had them out of pity for the con- 
 dition they were in. I took them out of a sense of humanity. The boy was 
 nearly naked and was very sick with scurvy when we took him. He was a 
 very little boy ; he was a stranger to both of us. This partnership was formed 
 about the middle of July. We had a tent six feet square on the ground. The 
 corner posts were about four feet high ; the posts in the centre about eight'feet 
 high. That contained our stock in trade. I had a cellar to the tent, that was 
 immediately under it. I kept the goods stored there. That was the dwelling 
 and the ahanty also. 1 said yesterday I had two lots at different times ; I 
 moved from one lot to another ; I bought one lot for a dollar and another for five 
 dollars, and I moved my shanty to it. The shanty iind the dwelling I consider 
 line and the same thing. The traffic in lots was extensive there and generally 
 known throughout the camp ; I don't know whether it was known by the i-ebels ; 
 [ don't know whether it was known by the rebel guard or not. There were 
 two main streets and a number of by-streets there, some of the by-streets were 
 accessible to wagons — some were not ; the main streets were accessible to wagons 
 always, and were used while I was there every day for the purpose of hauling in 
 rations and wood. I never saw more than four wagons at one time. I have 
 seen four in there at one time hauling rations and wood. These streets were not 
 kept clear ; they were cleared when the wagons were driving through. During 
 the crowded season these streets were occupied at night before the stockade was 
 opened, the new stockade. It was opened the last of June or first of July ; 
 tlie exact time I cannot tell. That enlarged the stockade. Tlie streets then con- 
 tinued open all the time, except when the roll was called ; the men assembled 
 .oil the streets to be counted off. The streels could at any time be cleared and 
 used for driving the wagons through; men had to get out of the way or be run 
 over. North Main street was about ten feet wide. It ran from the north gate 
 to the opposite side of the stockade. 
 
 Q. East or west, or north and south ? 
 
 A. I never noticed where the sun rose there. That street went across the 
 stockade parallel to the brook. There were two of those main avenues. There 
 were quite a number of by-streets ; I never counted them — about a dozen. They 
 ran at right angles with the main street, and in some places across the whole 
 length of the stockade and some not — not generally across the whole length ; 
 there were only two roads across the whole length ; there were two main by- 
 streets across the whole length ; their width was about four feet. There were 
 about two shorter ones ; they ran from the main streets back toward the stock- 
 ade ; they would average about one hundred yards on the north side of the main 
 street, and about fifty on the south side. That was the continuation of each 
 one ; I mean that half of them were fifty yards, and half of them a hundred 
 yards. Those were the only avenues there I recollect. They were occupied 
 atone time for sleeping purposes in the night. Intlje day-time they were oc- 
 .cupied for walking purposes. Some of those by-stre^ts were used for wagons ; 
 some were not ; they could always be cleared for the wagons ; the wagons were 
 driven by our men, and they ran over the niea if they did not get out of the 
 way. They never killed any in that way. They ran over some frequently, i 1 
 don't know that I have seen any run over in that way ; I have seen men who 
 were hurt, and they said it l^ad been done in that way by wood wagons and 
 jation wagons running over them. There were no wood-yards there. The deal- 
 
574 TRIAL OF HENRY WIEZ. 
 
 ers carried their wood round on their shoulders ; their wood-yards wore on 
 their shoulders. I never saw a lot of wood that brought over ten dollars. It 
 was not for sale in very large quantities. I don't know that I said yesterday it 
 was for 'sale in large quantities. I want to take nothing back. I have seen wood 
 sold in lots for $10. There was a sutlel-'s shanty there that wae used for storing 
 his goods in. There were private places used for storing goods and not other- 
 wise used ; I could not say how many of them ; every store-keeper had a pri- 
 vate place to store his goods in ; all traders who had goods they did not sell dur- 
 ing the day had places to put them at night. I know how many traders there 
 were. All traders did not have goods over night. There were traders who 
 merely sold goods for other men, and what goods they had at night they re- 
 turned. They would sell on the streets. There were over fifty of those places 
 occupied in that way. Some of the places wel-e only two feet square and three 
 feet deep ; some were four feet square and six feet deep ; I don't know what the 
 average was. I did not concern myself with anybody's business but my own. 
 I do not know anything about other people's business. That was my business 
 to know about the general condition of the camp particularly. I cannot give 
 any average of the amount nf space covered by these holes. There were five 
 hundred bakers in the stockade ; all of them had bake-houses ; they were located 
 in all parts of the camp except the swamp. There were five hundred bake- 
 houses ; some occupied a lai'ge space — some a small space. The largest one I 
 knew of baked 22 dozen biscuits at a time ; the smallest baked three platesful. 
 The large ones occupied a space of ground about eight feet long and six feet 
 wide ; the smaller ones would occupy about two feet square There were very 
 few large ones there — only two that 1 recollect ; there were five hundred of dif- 
 ferent sizes — some two feet square, some more than that. They ranged from 
 three plates of biscuit up to 22 dozen. One witness you had here was a large 
 baker there. 
 
 (By OouxsKL.) His name was Hayes. 
 
 Those bake-houses were not used to sleep in ; they were used exclusively 
 for baking. There were no lumber j^ards there, except travelling lumber yards, 
 as wood was cast about in the stockade. These lumber dealers carried their 
 lumber on iheir backs ; there were no lumber yards. About one-half of the 
 ground within the stockade was covered with teats; I mean one-half of the 
 area inside the dead-line, exclusively of the bake-houses, and exclusive of those 
 things I have been mentioning ; not always exclusive of the wells ; sometimes 
 the wells were in the tent?. That was the case very often ; with the big wells, 
 it was the case about half the time. I told you that they did not sleep on some 
 of the wells; they slept on some of the large ones. They were six: feet in diame- 
 tei'. They would cover them with stockade timbers, got when the new stockade 
 was opened ; the timbers wei-e given to the men in the camp. They were 18 
 feet long, 18 inches wide, and a foot thick. About half the wells were covered, 
 and were used at night for sleeping purposes. There were about a thousand 
 traders there of all kinds. I don't recollect how many real-estate dealers there 
 were ; about half a dozen I should think. There was not plenty of space there 
 for the prisoners to occupy. They were very much crowded before the stockade 
 was opened. They were not crowded after that. These real-estate dealers never 
 ceased to carry on their business while I was there. 
 
 Q. How did it happen that six feet square of ground was worth five dollars? 
 
 A. The location of it made it valuable ; it was on the main streets — -just the 
 same as real estate is more valuable on Pennsylvania avenue than it is on the by- 
 streets. Andersonville was a city — a market place. All it lacked of being a 
 bazaar was the women. It was not just as agreeable in all respects as a city; 
 I did not say so. There were two watch dealers or watchmakers there that I 
 knew of. There were all kinds of trades carried on there necessary to the com- 
 
TRIAL OF HENEY WIRZ. 575 
 
 ort of the men. I did not say that watchmaking was necessary for the comfort 
 of the men. 
 
 Q. When you mentioned that, in connection with other trades, as necessary 
 to comfort, what did you mean ? 
 
 A. ' I did not say it in that way. I deny having said it in tliat way.' Every- 
 body was a wood merchant there that had wood to sell. Nearly everybody in 
 the stockade became a wood merchant in his turn. I have seen thirty on the 
 street at one time. I cannot swear that there ever were more than that number. 
 There were half a dozen shoemakers there. There were quite a number of 
 gamblers all over camp ; I cannot say how many. I did not cultivate any 
 acquaintance with them. I had not anything to do with them. 1 sometimes 
 sold to them. I never had anything to do with them in the way of gambling. 
 I do not mean that they simply played in the way I have been speaking of 
 playing for drinks ; they were professional gamblers. I cannot tell how many 
 of them were there. I did not tell the precise number of chuck-luck dealers 
 there ; I told about how many. I said there were about one hundred on the 
 main street. That was not the only method of gambling there ; there were 
 faro banks; also honest-John dealers, poker players, euchre players, and seven- 
 up players. These others were not as many as the chuck-luck dealers. There 
 were about fifty altogether, I should think. There were 150 gamblers. There 
 were half a dozen tailors, there. About thirty pole-merchants there ; they 
 brought in fence-rails, poles, and boards every day ; I do not know how many. 
 The men who had luck enough to get them brought them in. I have seen thirty 
 men on the streets selling boards and wooden poles. I said, yesterday, that 1 
 saw them daily ; I have seen them on the streets daily. They would charge 
 about two dollars for a lean fence-rail; a quarter of a dollar for a common-sized 
 pole, and a dollar for a large one. A common-sized board, about a foot wide, 
 and six feet long, sold for a dollar. There was a scarcity of those things, yet I 
 saw them every day. There was a scarcity all the time. There were about 
 thirty eating-houses there. There were a number of soup-jobbers there; I 
 , should think there were 300 soup-jobbers and meat peddlers together. Atthose 
 eating-houses they sold ham and eggs, beef-steak, tea and coffee, biscuits and 
 butter, honey, and sandwiches ; some kept whiske/ to drink, and beer ; we could 
 get. a thimble-full of whiskey for $3. The price for a dish of ham and eggs, 
 and such things, was regulated by the price for the articles in the market. I 
 have known eggs to sell for $1 75 per dozen, and I have also known them to 
 sell for $4 50 per dozen ; I have never known them to sell at a higher price 
 ' than that j I have known hams to be sold for eight dollars, and the price raised 
 to twenty dollars. I never bought a meal's victuals at any of those restaurants; 
 I had a cook'. The Frenchman I mentioned was my cook. There was always 
 an abundance of those provisions there. I could always get a good meal's victuals 
 at one of those restaurants. A good meal's victuals there, as I understood it, was 
 hot biscuits, coffee and tea, ham and eggs, fried potatoes, and fried onions ; also 
 steak and onions. I could get also steak and onions. I could get such a meal 
 as that in the stockade, including the articles I have mentioned, for about ten 
 dollars in greenbacks. Onions were worth a dollar apiece there when they 
 were retailed. Ten dollars in greenbacks was worth forty dollars in; confederate 
 money. There never was a time that I recollect when I could not get such a 
 meal's victuals as I have described, inside the stockade, and for that price or 
 something less ; not any more than that. There were quite a number of doctors 
 inside the stockade aniong the prisoners ; some of the barbers were acting as, 
 doctors. There were not any doctors there exclusive of the barbers. The bar- 
 ters and doctors were the same ; and the traders, such as myself, who had 
 medicine for sale. The bakers baked biscuits, bread, pies, cakes, and puddings. 
 I cannot tell the name of the puddihgs they would get up there. I have eaten 
 them. They were not similar to those that I got at hotels iu the north ; they 
 
576 TRIAL OF HENKY WIRZ. 
 
 were baked puddings made after the manner of making sponge cake with a 
 dressing. The dressing was made of butter and sugar. We got pies made of 
 apples and peaches — dried apples and dried peaches, and green apples and green 
 peaches. They also had blackberry pies. There was a scarcity of green fruit 
 sometimes, but we could generally get some kind of a pie when we wanted it. 
 The price of a pie generally averaged about four dollars in greenbacks — a dollar 
 for a quarter. In getting meals at a restaurant they would not serve up a des- 
 sert of pie. There were about 20 or 30 clothing merchants there who were 
 buying and selling all the time. There were two that I know of; that is what 
 I said yesterday. I do not know of any others personally ; I knew them as I 
 saw them on the street. I said in the same connection that the prisoners as they' 
 came in would sell their clothing. I should judge there were 20 or 30 street 
 clothing merchants there that followed it for a living ; who were constantly in 
 business. There weri 30 or 50 brokers there perhaps I adhere to the estimate 
 I gave yesterday — 50. They had establishments where they bought and sold 
 money. They did not have any safes. After the rcgulitors were organized a 
 man was safe for any amount of money there The regulators were organized 
 in the latter part of June. The prisoners were safe for any amount of money 
 after that .time. They were not safe as to all their provisions after that time; 
 sometimes a crazy man would come along and snatch up something to eat. 
 They were safe, as to provisions, from the raiders. I am sure about that. I do 
 not pretend to say that the camp was in a good state of discipline the last of 
 June ; I say after the last of June ; the regulators wore raised in the last of 
 June. After they were organized we had no trouble with the raiders ; notaftec 
 they were taken out. I am sure of that. Six of them were hung on the 13th 
 of July, and they were men who had been taken out before the 4 th of July, and 
 had been kept outside all that time. After the regnlalors were organized there was 
 no danger from raiders. And yet on the 13th of July, two weeks aftertheir organ- 
 ization, six of those raiders werehanged ; those men bad been taken out previously. 
 
 The money brokers generally kept their money in their tents. I have 
 seen men there with over $1,000. 1 have known a man to have more than 
 $1,000 at one time. That man was myself. I never knew anybody else 
 to have that amount. These bankers did not generally run their institutions 
 with a basis of $1,000 ; all the men who had more money than they could use 
 would buy money and buy bounty certificates. They would not establish a bank. 
 I cannot tell how many barbers were there ; they were constantly changing. 
 I have seen as many as twenty barber shanties at one time. They established 
 -their barber concerns by raising a blanket on poles. The charge for shaving a 
 man was twenty-five cents. They used a razor to shave a man with. They 
 charged half a dollar for cutting a man's hair. I could not say what they charged 
 forsliampooning; I never was siiampooned while I was there, except when I did 
 it myself. The prices I have named wei-e in greenbacks. A man could get shaved 
 and have his hair cut for 75 cents. 
 
 (By theOouuT.) Ineverhadmy whiskers dyed ; I haveseenitdon^frequently, 
 but I never inquired the price. 
 
 I have frequently seen men have their whiskers dyed, especially the gamblers ; 
 I cannot say how many I ever saw have their whiskers or moustaches dyed ; it 
 was a daily occurrence. The best barbering establishment in camp was close 
 to my shanty ; I knew that those men were gamblers because I frequently saw 
 them play ; 1 did not associate with the gamblers any further than was neces- 
 sary ; I did not find it necessary to g i to look at them play ; I would see them 
 in their tent as I passed along the street. 
 
 The sick averaged about two hundred per day that went to the south gate for 
 medicine ; whether they were all sick or not I could not say; I could not say 
 whether there were any others in the stockade sick; I did not say that I never 
 saw more than two hundred inside the stockade who were not sick ; I know that 
 
TRIAL OF HENRY WIRZ. 577 
 
 there were sick in hospital ; in the prison hospital outside. I do not know of 
 others who were sick inside the stockade; I do not know of any others who 
 were sick, except the 200 who were taken to the gate every day ; I was circu- 
 lating around tliat camp every day ; I have seen numbers of men die inside the 
 stofikade ; they had been taken down to the sick gate ; I have seen men die on 
 their, way to the sick gate; they were of that 200; I have seen men die who 
 had not been taken to the sick gate ; 1 have seen them cut their own throats and 
 die in that way ; I do not know for what reason they cut their throats ; there 
 was a very perceptible reason : the men were skin and bone and in a very desti- 
 tute c mdition ; I did not say yesterday that I never knew a man to suffer from 
 hunger while 1 was there ; I say that there waa a very perceptible reason for a 
 man to cut his throat, because he was emaciated and debilitated and in a desti- 
 tute condition. I cannot see any inconsistency whatever; the men were wasted 
 away by sickness; I have seen men wasted away here in Washington city; 1 
 am not arguing ; I am merely stating facts ; I do not know whether these men 
 had beeti taken to the sick gate or not. 
 
 Q. Yet you say you never knew a man to be sick there who had not been 
 taken to the sick gate '.' 
 
 A. I did not say anything of the kind. I do not know whether these m'iu 
 who cut "their own throats were taken to the sick gate or not ; men wore fre- 
 quently taken to the sick gate and brought back ; sometimes men were taken to 
 the sick gate every day for a week and never receive.d m"rlicil atfi-ndance, and 
 had always to be carried back, those w'l'i coiild not iv.iik ; iiat, m tJim". ciaes 1 
 do not know whether they were taken to the sick gate or not ; i do not know 
 of any man who was sick except those 200 who were taken to the sick gate 
 daily ; there may have been cases where men were not taken to the gate ; but 
 one case does not make a rule. I do not know th it men were dying in the 
 etockade at the rate of thirty or forty a day while I was there ; I do not know 
 that there were over 1,600 there sick every day who did not go to the sick 
 gate and could not get there ; I have seen men lie in their tents unable to go to 
 the sick gate, very frequently; I said that I never knew a man who was sick 
 that was not taken to the sick gate, because his friends always carried him there ; 
 all those cases were carried to the sick gate. I never saw a man who was 
 not able to be carried to the sick gate ; too sick to be carried there ; men fre- 
 quently died on their way to the sick gate ; all except the 200 per day that I 
 mentioned were well of the entire camp ; when a man does not go to the sick 
 call, or is not taken in, he is considered well ; I believe it, is so in federal regi- 
 ments. The dealers there would all mostly come under the head of grocery 
 dealers; I would estimate the whole number 'at a thousand. 
 
 Q. You said you ceuld get anything you wanted by paying the gate sergeant 
 15, and he would take you to a house fivj miles off where there were plenty of 
 thiugs that you needed ? 
 
 A. No, sir ; I said nothing of the kind. 
 
 Q. Did you not use this language, " We could get out whenever we wanted 
 to by giving the sergeant at the gate $5, generally, to take us out to the coun- 
 try to a house where those articles were kept for sale ?" 
 
 A. Yes, sir,; I said that. I told the truth when I said that ; this was fre- 
 quently-done by myself and others, almost daily, all the time I was there; I 
 have been in a crowd of half a dozen ; we have met in the woods after getting 
 out; they would pass out of the gate one at a time, and after getting out we 
 would meet in the woods ; we did not go in this way without a guard; the rebel 
 sergeant accompanied us ; he was not on duty at the gate ; these sergeants were 
 men who came in to count off detachments ; I said " the sergeant at the gate ;" 
 we would make an appointment with the sergeant at the gate to meet him, and 
 we would meet him there ; the meeting was with the sergeant at the gate ; we 
 would'go out with the sergeant; some of the sergeants had revolvers and some 
 
578 TEIAL OF HENRY WIKZ. 
 
 had not ; those who had not revolvers would not go armed ; one sergeant would 
 take out one man ; he would not come back and take another ; there were five 
 different sergeants, each with a man apiece ; I met five, I made the sixth ; there 
 were six sergeants with us; sometimes ive staid out there all the afternoon; 
 some of the sergeants were with us ; some were not ; sometimes they left us ; 
 they did not all leave us, some remained with us; I have been out there when 
 only two sergeants remained with six soldiers ; that was almost an every-day 
 occurrence ; this house was about five miles off, at an angle from the southeast 
 corner of the stockade; it was on a linqwith the hospital from the corner of the 
 stockade nearest the hospital ; we would go out past the hospital ; we would 
 pass through the woods to this house ; always to that one house ; we generally 
 got cakes when wc were there; sometimes we brought eggs and butter from 
 there; sometimes honey, but as a general thing we got cakes there; we got 
 tobacco also ; a different kind from what the sutler sold us. I do not recollect 
 anything else except small articles of grapes, plums, and such things. I cannot 
 think of anything else Igot just now ; I have named all that I can recollect. 
 
 By the Court : 
 1 do not recollect the name of the proprietor of that house ; the proprietor was 
 a man ; he was a guard at the stockade ; I don't know whether he owned the 
 house; lie lived in it; the women who weie at the house sold these things; 
 there were three; I do not know their names; it was a log house — one story; 
 two rooms, with an opening between the rooms. It was on aline with the hos- 
 pital from the corner of the stockade nearest to the hospital : I do not recollect 
 in what quarter of the stockade the sun rose. 
 
 By the Judge Advocate : 
 
 I left the south gate and went past the hospital. 
 
 (A diagram being exhibited to the witness he pointed out the direction.) 
 
 If that is southwest we went southwest ; I did not get anything else than 
 these things I have mentioned, that I recollect. I might have said that others 
 got something else at those times ; I do not recollect. 
 
 Q. The record shows that you said you got apples, grapes, and watermelotis ; 
 is that true ? 
 
 A. The record does not show that I got watermelons at that house ; and I 
 do not know of anybody else getting them there. I certainly would not carry 
 watermelons into the camp from there when two would constitute a load. I 
 have helped the sick. A dose of medicine for the diarrhoea was worth one dollar 
 and twenty-five cents or one dollar and fifty cents ; I sold it and also gave it 
 away ; I have sold a dose of medicine to a man who was si,ck ; that was during 
 my stay at Andersonville ; I do not know whether the man to whom I sold it 
 was one of the 200 who w.ere taken to the sick gate or not ; I did not say that 
 he did not go to the sick gate; I did not know him to go. It was a frequent 
 occurrence for me to deal out medicines at the rate of $1 25 per dose; I sold 
 medicines each day ; I don't know how many times — sometimes more and some- 
 times less ; every day during the month of July and August, until the 24th of 
 August, I was selling medicine in that way ; that is one ■njay I helped the 
 sick — by charging them $1 25 per dose for mteilicine ; I helped them in another 
 way by giving it to them. I do not think that 1 helped myself more than I helped 
 them, by selling them medicine instead of giving it to them — no more than the 
 doctors here in Washington, when they helped themselves by helping the sick. 
 I sold medicine for scurvy ; that medicine was roots ; I sold blood-root and also a 
 root that(was called red-root ; I had different kinds of herbs for sale there ; I do not 
 recollect their names ; there was not much trade of that kibd there besides vhat I 
 did. I was the only man who could be called a druggist ; I sold medicines to the 
 barbers ; there were others who sold medicines ; some of the barbers sold medi- 
 
TRIAL OF HKNRY WIEZ. 579 
 
 «iaea ; they bought of mo and sold again; thoy bought of rae and also of men 
 who had access to the hospital. For diarrhoea I sold a dose composed of capsi- 
 cum, ginger, flour, and an egg, mixed with water or beer as the case might be; I 
 would mix it, and I. charged $1 25 to f 1 50 for a drink. 
 By the Court. A dose would generally fill a pint cup? 
 It contained one egg, about two table-spoonfujs of flour, half a tea-spoonful of 
 capsicum, aiid a tea-spoonful of ginger ; the balance water or beer. A man sick 
 with diarrhoea would 'drink a pint of that mixture. Prisoners brought in there 
 while 1 was in the stockade were hardy, able-bodied, and with plenty of green- 
 backs and well clad ; that was nearly always true. 1 was there from the 1st of 
 June until the 24th of August ; the Sturgis raiders who were brought in were 
 able-bodied well-clad men ; I do not recollect the number of them ; quite a large 
 number — over 1,000; 600 came in one body; they were all well clad; I 
 •noticed when I first went in there that prisoners were brought in in that condi- 
 tion ; I noticed how they looked when they went away ; they did not still con- 
 tinue to be able-bodied.- Some of them looked worn, while others were still 
 able bodied, healthy men; they looked sickly — were wasting away; I do not know 
 from what cause; I do not know any reason; I am not a medical inspector; 
 after having been in the stockade from the first of June till the last of August, 
 I know no reason why men should waste away there, other than the fact that 
 they were in prison, and from the exposure. That is all. 
 
 Q Did you ever know men to waste away on the march in ordinary cam- 
 paigning, or have you not had experience of that kind ? 
 
 A. No sir ; I have not had much experience of that kind. It is true that 
 wood was hauled in and taken right to the squad and there issued. The wagons 
 would drive on the streets that were accessible to wagons. By a squad, I mean 
 a ninety. In some Cases they would drive right to the 90 and there issue the 
 wood ; not always. So much wood was hauled in for a 90 and was given them — 
 to the whole 90 — given to the sergeant commanding the 90. He would issue it 
 to the heads of messes. They would issue it to the man to whom it belonged 
 that day, if they had agreed among themselves to take the wood in turn ; it not 
 it would be cut up and issued to each man". 
 
 Q. If it was issued to each man how much would be given to each ? 
 A. The quantity varied niuch ; sometimes I have seen them with a quarter 
 of a cord-stick for each man ; at other times I have seen them with no more wood 
 thaii you could put in a quart cup 
 
 When the supply for the mess was turned over to one man he would generally 
 fiell it ; that is the way the wood business began. The 'men would sell it, gen- 
 ■eraly to the bakers. It was done to a large extent throvtghout the camp. The 
 bakers gol their wood partly in that way. 
 
 Q. If the squad turned it over in that way, and the men would seU it, how 
 ' would the men cook their provisions ? 
 
 A. I'hemen received cooked rations — all except meat. One-half had cooked 
 rations and the other half did not. I do not know how the half who did not 
 get cooked rations did when the men sold their wood. The wood was generally 
 «old throughout the camp. I do not know that the man who received wood for 
 the squad in seHing it would leave the rest of the squad witlrout any ; they 
 might have had other means of getting it; they had not plenty of wood there; 
 it was because it was not plenty that it was sold. 
 
 I bought the lot I had there of a man who' was on it ; I could not say who he was. 
 I bought my fir.-^t lot about the middle of June ; I did not commence business 
 in the shanty the middle of June; I bought the lot which my shanty was on 
 and where I did business about the 1st of July. I put a board shanty on it, 
 and a little stock of beans and such like— a very small quantity. The stock was 
 not principally beans ; I had beans and peaS, tobacco, salt and rice, and a few 
 other little articles. _I_Qccumfid_mvafilfhfifiirfiJ opened that shop in selling round 
 
580 TRIAL OP HENRY WIRZ. 
 
 on the street, about a week before opening my shanty ; I used to sell cakes and 
 beer on the street. I built my shanty in July. A week before that I had a 
 small stock of beans, peas, tobacco, rice and salt. My stock was not of great 
 value at any one time. I could buy salt by the pint, and beans by the qnart. 
 I was running that establishment at different times from the first of June to the 
 first of July; I was a cake merchant; I sold cakes and beer on the street. I 
 sold on commission for another man. Then I sold tobacco, beans, peas and rice. 
 I sold my corn-bread first; I afterwards changed to eggs and soap. When I 
 was selling tobacco, beans, pens and rice, I had on hand at one time as high as 
 $25 worth ; I was a very small dealer then. I bought twenty bars of soap on 
 that occasion. That was my first purchase. At that time I had nothing else 
 on hand. I bought the soap from a prisoner. He" had got it by going to that 
 country house 1 spoke of I do not know exactly what I paid him for it — some- 
 thing over two dollars and a half a bar. That was not the first article I com- 
 menced dealing in. Eggs was the first article that I bought to sell. That was 
 the day before I bought the soap ; I bought thirteen dozen of eggs ; I bought 
 them on tick, from the same man that I bought the soap from ; he was nick- 
 named " Limber Jim." I sold my eggs for $4 a dozen ; I was all day 
 making that sale. I paid '• Limber Jim" for them just as quick as I got the money 
 for them — the same day. 1 paid him for the soap as quick as I turned it into 
 money ; it may have been a week or two weeks. It was a very slow sale. " Lim- 
 ber Jim" was a private or sergeant, I cannot say which. He was a deilfr at 
 that time. He went to the country house I spoke of and got the eggs there. 
 He smuggled them in. He brought the soap at the same time. He offered both 
 to me at the same time. I did not take the soap, because I had no cofidence in 
 it ; I took it the next day ; I did not gain confidence in it ; I took it as a ven- 
 ture. I paid something less than $3 a bar and sold it at $3. The only thing I 
 sold up to that time was the soap and eggs. I sold my ration before — the corn- 
 bread part of it ; I ate the rest of it — I swear to that. 
 
 Q. You swear positively to it ? 
 
 A. Yes sir ; I wish to ask you whether I am on my oath here or not ! 
 
 The Judge Advocate. If I were to give an opinion on that subject, I should 
 say it did not make a great deal of difference. 
 
 The President, (interrupting.) That must cease — that is not proper. 
 
 Mr. Baker protested against the course of the cross-examination as not being 
 directed to any matter of the slightest importance, but to trivial circumstances. 
 
 The President directed the examination to be proceeded with. 
 
 I commenced doing a cash business about the 15th of July, on no capital 
 of my own — on no borrowed capital, on my partner's capital. . He had $500 
 in money and over a thousand dollars in stock at the time he took me into 
 partnership. Up to that time I had no money ; I had bursted in my former bus- 
 iness, and had sold my coat to pay my debts. I owed several small traders in 
 the camp. You understood me to say that I did the biggest business there after 
 the 15th of July — not before. 
 
 Q. Then it would be safe to start with yoii on the 15th of July with nothing 
 but the shirt on your back 1 
 
 A. No sir; it would not be safe to do anything of the kind. 
 
 When I was taken into the firm I had not a dollar ; I had a coat. The terms 
 of partnership were that I should do all the selling, and my partner all the 
 buying, and that we should share the profits equally. I cannot say how 
 much our first day's sales amounted to. Our sales averaged $500 a day, 
 from the 15th of July to the 25th of August. I cannot say what profits 
 we would make on that. We had not any general principle on that subject. 
 We had more extended means of buying than others, and we sold at market 
 prices. I cannot say within any reasonable limit what the profits were, for 
 we were always giving away. We divided our profits equally. I had $5,(K)P 
 
TRIAL OF HENRY WIRZ. 581 
 
 on hand at one time. I kept the money for the firm; that was not profits, 
 it was money that we owed to the man from whom we bought the goods. 
 He had gone to Macon. We had laid in a large lot of goods and this money accu- 
 mulated. When he was there we paid him every evening; that was Lieutenant 
 Selman. We made most of our purcha?es from him. It was not true of most 
 of the dealers; it was true of most of the large dealers there. We did not have 
 at all times, everything that was necessary ; at one time there was a scarcity of 
 salt for about a week. Green fruit was scarce. Nothing else that I recollect. 
 The leading articles, flour, potatoes &c , were always there. The rebel currency 
 in comparison with greenbacks was at the rate of four to one. It was not in 
 very general circulation. There was not much confederate currency in there as 
 there was greenbacks. 
 
 Q. Was there half as much confederate money as there was greenbacks? 
 
 .A. I have no idea of it whatever The sutler and the rebel sergeants would 
 bring in lots of confederate money. 
 
 Q. What then do you mean by saying yesterday that there was any amount 
 of confederate money there? 
 
 A. Because it could be got in any quantity; it was brought in there for sale. 
 
 It could be had more readily than greenbacks. There was just as much con- 
 federate money there as there were greenbacks to buy it. New prisoners would 
 have federal money when they came in ; I could not say how much confederate 
 moufy was there. I cannot give any estimate at all ; I stated the amount of 
 greenbacks in circulation there ; I said it was a half a million of dollars. That 
 amount was not there all the time, it was going out every day very fast. That 
 amount was there in the month of June ; I cannot say how much confederate 
 money was there in the month of July. 
 
 Q. How can you speak with so much certainty iu regard to greenbacks, when 
 you can give no idea about confederate money ? 
 
 A. Because Plymouth prisoners who were brought to the stockade had been 
 paid ofi" four or six months' pay at that time and came there with that money in 
 their pockets. 
 
 Tliey brought iu most of the $500,000. There was 1,900 prisoners that came 
 in one lot from Plymouth. I do not know how many came in another lot. 
 They had been confined for a short time in other prisons before that on the way 
 to the stockade. The sutler had a partner; his name was Bush, a retel ser- 
 geant; he was on duty. He came in and counted off the detachments. I can- 
 not say what interest he had in the sutler's establishment. I do not know all 
 the go ids came through Adjutant Selma-n. The goods were marked E. D. or 
 E. B. Bush. I do not know the terms of their partnership. 
 
 Clothing was sold there in quantities. I do not know how it was outside in 
 regard to clothing. I did not go outside except to the house where I used to 
 bay goods. Trading over the stockade was done from the inside. It was car- 
 ried on to a great extent. The trading of the prisoners inside with the sentries 
 in the boxes was carried on to a great extent. I do not know if any of the 
 articles passed out iu that way. Some men sold coats when the guard wanted 
 to buy them. I do not know whether pants were passed out or not, or anything 
 except money in exchange for goods bought. I never sent out anything in ex- 
 change for goods except money. I never sent out watches or anything of that 
 kitid. There were five or six tailors there that I know of. They were employed 
 in making sacks and pantaloons. The sutler did not sell the sacks. The potato 
 sacks had to be returned to the sutler. Sacks were an article of merchandise 
 there. Towards the last period they brought one dollar apiece. They were 
 sacks that would hold a bushel of corn meal. It would take two sacks 
 fiSr a pair of pantaloons. The tailor got from a dollar to $2 for making the 
 ■ pantaloons. They would be worth $4 ; I got two pair of pants made in that 
 
582 TRrAL OF HENRY WIEZ. 
 
 way myself and I paid from $3 to $4. The sacks were cotton— very rough 
 cotton sheeting. 
 
 There were shoemakers there ; tlaey mended boots and shoes. I do not know 
 what they charged for half-soling shoes ; I never had a pair half-soled there. 
 Labor was worth about a dollar a day there. There was no leather there, other 
 than old boots and shoes. I do not know how long it took to make a pair of 
 shoes ; I have heard that men in Massachusetts make 24 pair a day. I do not 
 state that as my belief; I state it merely as I heard it, not as my belief. (To 
 the court.) They are cut out by machinery and put together by hand. The 
 shoemakers M^ere paroled men who had been working for the confederate gov- 
 ernment, and I suppose they stole their tools from the confederate shop. Those 
 that I saw there were constantly busy mending shoes. 
 
 , By the Court : 
 
 There were plenty of shoes there for sale ; they were offered for sale every 
 day. Not shoes on men's feet; men would walk barefooted with their shoes 
 under their arms. The men would sell their own shoes and others' too. 
 
 By the Judge Advocate : 
 
 That was done to a great extent. They sold overcoats too. There were also- 
 a great many shirts for sale. Men would not take the shirts off their own backs 
 and sell them, but men would come in there having two or three shirts — extra 
 shirts. That was general. A pair of pants brought $2 ; common army pants. 
 They would be in good condition. 
 
 Q. Then how does it happen that a man would give $4 a pair for pants- 
 made out of meal sacks, when he could get army blue pants for $2. 
 
 A. A man wanted something better than army pants. And I think that pants- 
 made out of meal sacks were belter than army pants. 
 
 -By the Court : 
 
 There were many ragged men there ; numbers of them. 
 
 Q. How was that if goods were so plenty 1 
 
 A. These men had no money to buy them with. 
 
 By the Judge Advocate : 
 
 These ragged men had no money to buy, Ijut there were plenty of men who 
 had money. 
 
 By the Court : 
 
 I I saw men there without shirts. I have seen men. there without pants ; I 
 have seen men running about in their drawers. 1 have seen them without shoe* 
 and stockings on, and without hats. The reason of that was they had either 
 disposed of all they had or had them stolen from them Those men who were 
 out of clothing had not money to buy other clothing with. Over half the men 
 there were ragged to a greater or less extent; about 5,000 of them could 
 be classed as very ragged. A man was considered well dressed when he had 
 all the articles of clothing necessary for his comfort The largest number of 
 prisoners there when 1 was there was 33,000. About three-fourths of 
 them were without money, and the money there was confined to one-fimrtb 
 of the prisoners. The $500,000 I spoke of was in the hands of about 
 one-fourth of the prisoners, including the dealers. I know how pants, shoes, 
 overcoats, and shirts were selling in the southern confederacy after I left 
 Andersonville. I gave $200 in confederate money for a jacket and a 
 pair of pants about four months after I left. I bought them in Colum- 
 bia. The equivalent in greenbacks was about $22. I do not know how 
 
TRIAL OF HENRY WIRZ. 583 
 
 they were selling at the time at Andersonvillc. There were six buckets to each 
 ninety ; they were issued when the squads were formed ; in every month ; 
 squads were f'orminfi; in uvery month. They would always give them six buckets. 
 I am sure of that; I have seen buckets issued frequently. Each ninety had six 
 buckets. 1 do not know how many buckets there were in the camp. Thirty- 
 three thousand was the greatest number of prisoners when I was there. The 
 number of buckets would be 33,000 divided by 90 and the quotient multiplied 
 by 6. There were nearly 3,000 buckets in camp. They were used for carry- 
 ing water, selling beer, drawing rations. They were also used for carrying dirt. 
 Q. What did you mean by saying the water was clear and good until June, as 
 you stated yesterday ? 
 
 A. I did not say so; I said that during the month of June the water was 
 muddy o'l account of the rainy season. 
 
 Q. You stated yesterday that the water was clear and good until, the month 
 of June. 
 
 A. That is a mistake; the word until should be the word (.'xcept. I said the , 
 water was good and clear except iu the month of June, the rainy season. — I 
 
 There was a man 'inside who made greenbacks. He made them out of paper, 
 with a lead pencil and a green pencil. That is all that he used that I know of. 
 1 could not say what kind of paper he used. He used a lead pencil made out 
 of platinum, 1 suppose. The greenbacks were made with nothing else that I 
 know of. 
 
 Q, Will you state on your oath that that is your belief? 
 A. I iim on my oath here. And I say that one was passed upon me. It 
 looked like a ten dollar greenback. I tell you distinctly that greenbacks were 
 made in that way to the best of my knowledge, and that it was generally known 
 througout the camp I have examined a greenback. I know there is some red 
 in them. I do not know how these men made red out of green and black. At 
 the time I took this- note I could see very imperfectly; it was at twilight, at the 
 time when these bills were generally passed. 
 
 By the Ooukt : 
 
 I looked at it the next day. I did not notice the paper, but I did notice that 
 it was a very good imitation of a greenback. I have seen a green pencil. 
 
 By the Judge Advocate : 
 
 . This trafficking business kept me busy the whole day after I became a whole- 
 jsale dealer. 
 
 I was a magistrate there from about the Ifet of July until I left. I was chief 
 of regulators for a short time — about a week. I held quite a number of investi- 
 gations as a magistrate. My duties as a magistrate did not occupy much pf my 
 time. I had my office in my tent. Men were not tried in the tent but in tlie 
 street. I did not impanel a jury. I decided the cases myself I heard the 
 evidence and decided the cases ; sometimes, when the case was complicated, I 
 asked the advice of others. And I imposed the sentence. Sometimes a sen- 
 tence was that a man should be washed. If a man had stolen a tin cup or com- 
 mitted a slight offence, and he was too sickly to be flogged, that punishment was 
 inflicted. I would flog him if he was a well man for stealing a tin cup. A man 
 would get from one to thirty lashe,s. I cannot say how often I imposed that, 
 sentence upon a soldier; some dozen times. I did not whip soldiers mysdt 
 for stealing a tin cup, but I had it done. When a soldier was sickly he would 
 be sentenced to be washed or to sit in his tent. Washing a man was a punish- 
 ment. I cannot tell why, but men would refuse to be waslied. The water was 
 clear and good during the last two months. The man was taken down to the 
 preek, put upon the platform 'there, and washi-d. Not with brushes and towels, 
 
584 TRIAL OF HENRY WIRZ. 
 
 with hand and soap. That court regarded it a punishment to wash a man in 
 clear water on a hot day. It was not a fact that the water was riot fit to he 
 washed in that made that a punishment. The water was used for drinking pur- 
 pos( s. There was never any objection of that kind made. But by some of the 
 men it was regarded as a punishment to be washed. 
 
 rTt is true that everything necessary for baking purposes was obtainable inside. 
 
 Everything necessary at that place was to be had. I do not know whether it 
 
 was obtainable outside also. J know they had these things inside ; whether 
 
 I they liad them outside or not I cannot say. My means were not limited inside. 
 
 I made over $1,000 sales in one day. 'J'hat is about the amount. Mostly 
 of flour. 
 
 r I never saw a man go under the dead-line to get water. I do not know of 
 that havijig been done. 1 have seen men 'shot at the dead-line right at the creek. 
 They were getting water there. I do not know why they would risk their lives 
 there if they could gel plenty of good water below. 1 suppose it was in, the 
 monlli of June, wheu tlie wells were not plenly. We all used the water-of the 
 creek in the month of June. 
 
 Q. You cannot say why men went to the brook at the dead-line, imperilling 
 their lives, rather than go below that for water? 
 
 A. That part of the brook, between the dead-line and the bridge, was the 
 only part where they could get water for drinking purposes. 
 
 1 do not know the reason why they went there instead of going nearer to the 
 \ bridge. 
 
 p" By the Court : 
 
 There was plenty to eat in the stockade which cnulJ be bought. There was 
 not plenty tliat was issued. The ration that was daily i^^sued was enough to 
 sustain life. That ration consisted of a piece of corn bread about three inches 
 thick, three inches broad, and three inches long. Sometimes it was cut four 
 inches long. It was a cube of three inches. We also had a pint of cooked rice 
 .md beans and a piece of b( ef which would average two inches broad, three 
 inches long, and three-eighths of an inch thick. The beef was very seldom of a 
 good quality. I have seen it not fit to eat. We got nothing else, except when 
 there was no meat, there was sorghum issued as a substitute. Sometimes we 
 got bac.m instead of beef I think that ration was suflicient for men who had 
 \beeii raised on it. Men paid exorbitant prices to bakers and others for some- 
 TFiTig to eat when they had rations enough to stibsist on, for the same reason 
 that men go to first-class hotels when they could get plenty to eat in second, 
 third, fourth, or sixth-class hotels, and that was the case with those who 
 had money there. Those who had not the money would be compelled to sub- 
 sist on the ration they got. I do not come to the conclusion that nobody was 
 ever hungry there. I never saw anybody there who was starved. I have seen 
 men in a starving condition, because they could not digest the ration they received. 
 When these men did not have friends to help them they had to die. There were 
 a great many there who seemed to have no friends. I should judge there was 
 rone-fourth of the camp who were unable to get along with the rations they.drew. 
 I'hey were unable to keep themselves healthy on the rations they drew. I did 
 not see suffering from starvation. If a man was unable to eat the ration given 
 him because of his incapacity to digest it, he would suffer from starvation if he 
 [J:iad no other sustenance. 
 
 Q. If men were unable to digest the rations they received, and had no other 
 sustenance, would you say that they were not suffering from starvation 1 
 
 A. No, sir; I would not in cases of that Idnd. 
 
 Q. Then you take back what you said, that you never saw anybody suffering 
 from starvation 1 
 
 A. Never from starvation ; I have seen men suffering from want of better to 
 cat than they had. I make that distinction; there wjie a great deal of suffering 
 
TRIAL OK HKNRY WIRZ, 585 
 
 in that waj ; it could not bfi avoided with the means at hand ; it could have 
 been avoided if they had had money. I helped all I could; I helped men I 
 iiever saw before. I did not care more about making money than about relieving 
 suffering men. Had I given away all I had in one day, I would have 
 had nothing to continue my system of trading and could not have helped men 
 any other day. 
 
 Q. Did you ever refuse to help anybody ? 
 
 A. Yes, sir, I did, I refused quite a number ; it was a daily occurrence. 
 I had five men eating in my tent besides myself and partner; these were my 
 attendants; I supported them. My charity went outside of that number; I 
 had a number of visitors every day at my tent to receive something to eat ; and 
 my partner and myself went put through the camp alternately every day. I 
 had about a dozen daily visitors. Some days I would refuse as high as fifty, 
 because it was not in my power to aid them ; I had plenty, but if I had uiven 
 all in one day, I would have had nothing to give the next day, or to help myself. 
 That was the principle I went on ; that is the principle of nature — self-preservktion. 
 I made no fortune there; when 1 left there I had $520, and before leaving I 
 gave $40 of that, which left me only $480, and when I got to Charleston, I 
 gave $40 to one maft, $7.5 to another. 
 
 The President. That was very creditable to you. 
 
 I suppose 5,000 men could be supported on those provisions there. There 
 were provisions enough in there for 5,000 every day. At least that number 
 could have satisfied themselves every day. Everybody who had money 
 could m)t make arrangements with the sergeant to go out for provisions. 
 They were not favorites who could. There were a few men with whom this 
 special arrangement was made. I do not know the number; all the principal 
 traders could do so. At least a hundred came under the head of large dealers. 
 I do not know whether this practice was known at headquarters or not. 
 
 Q. Could it have been practiced by 100 men daily, or by any number approx- 
 imating that, without its being known at headquarters 1 
 
 A 1 do not know anything about headquarters ; it could not be practiced 
 at all by that number of men, or by half that number. 
 
 Q. If there were a hundred having this special privilege, why was it not 
 used in behalf of those men who had money without charging them so much; 
 why not take their money and get provisions for them ? 
 
 A. I was never asked to do so; besides, the men who liad the money were the 
 men out of whom we made our money to give to those who had none. We 
 obtained this privilege of going out by getting very intimately, acquainted with 
 the sergeant of a squad ; everybody could not do that ; any man whom a sergeant 
 took a fancy to could do it ; it was subject to the caprice of a sergeant. There 
 was no difficulty in purchasing at all times any quantity of flour and potatoes. 
 Potatoes were sometimes scarce, but there was always flour. 
 
 Q. Could not the rebel government have purchased for the hospital ? 
 
 A. I do not know what the rebel government could do ; I was not connected 
 with that. 
 
 Q. Do you not know that it could? 
 
 A. I suppose so ; 1 sold as much as $1,000 worth in a day ; I could always 
 purchase it. 
 
 October 6, 1865. 
 
 AuGUS'i' Gleich, for the defence : 
 
 I was in the Union army for three years and a half; I belonged to the 8th 
 Pennsylvania cavalry; I was taken prisoner October 12, 1863, at Sulphur 
 Springs, Virginia ; 1 was then carried to Richmond ; I remained in Richmond 
 tin the 4th of March, 1864, and then I went to Andersonville ; I arrived at 
 Aider.»onville March 10, 1864; 1 remained there till November 16, 1864. 
 
586 TRIAL OF HKNRY WIEZ. 
 
 THE DISPOSITION AND COXDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS. 
 
 When I arrived at Andersonville I was put in the stockade; I was not in 
 the stockade all the time ; I was paroled the 8th of April. I wrote a note to 
 Captain Wirz asking hiiii if he would not take me out of the stockade ; I told 
 him I would be willing to chop wood ; at the same time he had sent in for 
 hands to' come out and cut wood for the men inside to cook their victuals with, 
 so I told him that 1 would be willing to go out and cut wood; the -next day 
 he sent for me and I went out into his office ; he looked at me and told me that 
 I was too weak yet to cut wood, and he asked me if I could not do anything 
 else; I told him that I could make myself useful among horses, so he told me 
 to go to the stable, an officers' stable ; I went there and I remained there till 
 the time I left ; there were horses at the stable belonging to officers, and Captain 
 Wirz's mave was there ; I took care of her ; there were about eighteen horses in 
 that stable ; some of the horses were General Winder's, some belonged to Cap- 
 tain Piggott, to Captain White and Lieutenant Davis, and Captain Wirz's mare 
 was there and two or three government horses. Captain Wirz had a gray mare; 
 ho never had any other. 
 
 THE ABSENCE OF CAPTAIN WIHZ FUOM ANDER.SONVILLE I\' THE SUMMER OK 
 
 1S64. 
 
 Captain Wirz was sick once while I was at Andersonville ; I think it was in the 
 month of August; Captain Wirz's horse stopped there in the stable while he 
 was sick; nobody rode her then except Sergeant Smith ; he sometimes rode 
 her. Captain Wirz was sick about a month at that time ; Lieutenant Davis 
 was in command while Captain Wirz was sick. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I drew clothing twice while I was at Andersonville ; once in August and tlie 
 next time in November. The first time I drew government clothing ; the second 
 time Sanitary Commission clothing. ■ The first time 1 got pants, a blouse, shoes, 
 and a cap ; the second time I got a blanket, pants, drawers, and shirt, no shoes ; 
 there were not many there, only about 40 or 50 pairs. There was an order 
 given in relation to the Union soldiers selling things. Captain Wirz told us 
 that if we would sell anything to the guard he would put us in the stocks, and 
 if lie saw the guard or any citizen having anything from us he would punish him 
 for it. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 VX never heard that Captain Wirz shot or injured a man so that he died. 
 
 THE DISPOSITFON AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS. 
 
 Cross-examined by the Judge Advocate: 
 
 The letter that I wrote to Captain Wirz was written in English ; I am sure 
 it was not written in German. I told Captain Wirz. in the letter that I was a 
 prisoner and was sick and very bad off; had the scurvy badly ; that I would be 
 willing to go out and chop wood. He had called for men to do that. I did not 
 tell him that I would be willing to do anything else ; I told him I would be 
 willing to chop wood. I wrote that letter after Captain Wirz sent word into the 
 stockade for some men to come out. I thought I would be better off outside 
 the stockade than inside. I wanted to go out ; I was glad to get out ; I was 
 very bad off. I had the scurvy. I was very poor then ; I was sick. I did not 
 have enough to eat. I wanted to go out of the stockade because I did not liave 
 enough to eat. I understood that if I were outside 1 would get double rations , 
 that was another reason why I went out. I did not cut wood after I went out 
 
TRIAL OF HENRY WIEZ, 587 
 
 I took care of the private horses of officers. I went outside and became the 
 hostler of Captain Wirz. I continued on that duty till the 16th of November. 
 I was not exchanged the 16th of November. I went off to Savannah and got 
 exchanged there. I went to Dr. Stevenson and asked him if he would not put 
 me on the list; he told me he would ; so he sent me off. I did not pay Doctor 
 Stevenson anything for putting me on the list. Doctor Stevenson never had a 
 horse that I knew of; he used to borrow horses there of some of the officers. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDERSCMVILLB IN THE SUMMER 
 
 OF 1864. 
 
 Q. Do you remember all about the dates of ocpurreuces there, the particular 
 days of the month, &c. 1 Did you charge your memory with anything of 
 that kind ? 
 
 A. No, sir;, I never did. 
 
 Q, Then how do you happen to remember so particularly about the time 
 when Captain Wirz was sick 1 
 
 A. I know it was the mon^h of August. I know it was the month of August 
 because we drew clothing then, and I put that down in ftiy brain ; I had nothing 
 for a whole year. I do not know the date exactly. 1 am certain it was in 
 August. I am certain Captain Wirz was not sick in July. I don't know 
 whether he was sick in September or not ; I know he was riding around all the 
 time in the month of July. 
 
 Q. Was he not riding around part of the time ia August ? 
 
 A, He came in the morning on horseback, went over to his office and remained 
 there till about 4 or 5 o'clock, and then went home again. Th^t was 
 during the month of July. Captain Wirz was away once during the month of 
 August; if I remember he went to Augusta; I heard so. A negro servant 
 told me so. 
 
 Q. Then he was not sick all the time in the monthof August ? 
 
 A. He was not there anyhow. 
 
 Q. But he was not sick all the time during that mouth ? 
 
 A. He was sick and went off Captain Wirz went to Augusta in the cars ; 
 he went there to recruit himself. Captain Wirz was sick during the entire 
 month of August; I did not see him there once during the whole month; 1 
 heard that Captain Whz was sick, and his mare was there all the time. That 
 ia all I know about it. I sta> e4 at the stable all the time. 
 
 Q. Then all you know is what you learned in the position of hostler to Cap- 
 tain Wirz ! 
 
 A. I know that much — that he was sick, 
 
 Q. Yea know it from what you heard and from what you saw while attend- 
 ing to his horses ? 
 
 A. Yes. sir. 
 
 THE .SUPPLIES FROM THE NORTH. 
 
 At the time 1 drew clothing I was not naked, but I had not muchl I was 
 not better off than those inside the stockade. When I came out of the stock- 
 ade I had a pair of drawers and a shirt, that was all. I continued to wear those 
 about a week, and then I got a pair of pants which were given to me by Cap- 
 tain Reed, the provost marchal. About three or four weeks afterwards I drew 
 a suit of clothing. Lieutenant Davis was in command then. Ini November I 
 drew another suit. While I was outside I had two- full suits of clothing served 
 out to me besides a pair of pants which Captain Reed gave to me. Others, 
 who were outside, got them. 1 had a double ration while I was outside. 
 
 THE (CHARGES OF MURDER AGAINST WIRZ. 
 
 I never heard of a man being injured by Captain Wirz ; I heard it spoken of 
 while I was at Andersonville. All I can tell is that he would curse a man for 
 
588 TRIAL OF HENRY WIRZ. 
 
 nothing at all hardly ; that' is about all he would do. At the time of roll-call 
 he might pull a fellow around if he would not stay in his place ; I have seen 
 him do that. He would pull them around roughly. I never saw him draw his 
 pistol on a man ; I have seen him knocking them aroUnd in the line. I never 
 heard any of my comrades or any of the prisoners say that Captain Wirz bad 
 injured them by beating them or anything of that kind ; I never heard a word 
 said about that. 
 
 October 6, 1865. 
 Martin S. Harris, for the defence : 
 
 I was a soldier in the 5th regiment New York volunteer artillery, from Janu- 
 ary 15th, 18G2, till I was discharged, in last June ; I think it was the Slst of 
 June. I was taken prisoner by the advance guard of General Early's force at 
 Harper's Ferry on the 4th of July 1864 ; I was taken from there to Winchester, 
 Virginia, thence to Staunton, thence to Lynchburg, and from there to Anderaon- 
 ville. I was confined in the stockade from July 29, 1864, until November 1, 
 1864. I was sergeant of a ninety in the stockade. I was a private in the army. 
 I was appointed a sergeant by Captain Wirz before I went in, at the solicitation 
 of the men of my own squad. 
 
 THE DEAD-LINE. 
 
 I know about the removal of the dead-line After the removal of Ihe pris" 
 oners had commenced, on or about the 10th of September, the prisoners imme- 
 diately commenced the removal of the dea{l-line ; first the top rails, and after- 
 wards the posts supporting the dead-line proper. They converted the material 
 into fuel generally. This dead-line continued down for several weeks, I don't 
 remember exactly how long, but until probably about the middle of October. 
 During the abolition of this dead-line, the prisoners had unrestricted intercourse 
 with the guard in conversation, trading, &c. ; not only with the guard, but with 
 the officers of the guard and the of£cers of the day. This was done with the 
 full knowledge of Captain Wirz ; whether it was done by his order or not, I 
 don't know. He was aware of the fact ; he could see it, 
 
 THE SUTLER. 
 
 There were numerous sutlers in the stockade — one chief sutler. About the 
 middle of October there were great complaints made against this sutler, who 
 was a Jew, in regard to his practices of extortion. Captain Wirz one day came 
 in, and gave him a few moments to remove his effects of a purely personal nature, 
 and after the sutler had done so. Captain Wirz told the boys to go and help 
 themselves, which they did, reserving only some vegetables, some potatoes and 
 onions, I believe, which he had there on sale, for the use of the sick in the hos- 
 pital. Captain Wirz said to the sutler, " 1 will give you five minutes" {I think 
 that was the time specified) "to remove your personal effects, your books and 
 clothing," and then he said, " get out of this ;" and the contents of his store 
 were distributed among the prisoners. Captain Wirz reserved something for 
 the sick. 
 
 By the Judge Advocate : 
 I am speaking of what I know. I was present on the spot, and witnessed it. 
 Captain Wirz reserved some potatoes ; whether the sick got tliem I could not 
 say, but they were reserved for that purpose. 
 
 condition of the water. 
 
 ^ By the Counsel : 
 
 The water of the creek was not fit either for cooking or drinking purposes. 
 There were a number of wells which had been dug by members of detachments, 
 
TRIAL OF HKNliY VVIRZ^ 689 
 
 and which were reserved by them for their own private use; no outsider, except 
 as a matter of special favor, could obtain any water from them. The springs 
 were abundant, especially on'the south side of the creek. In September, I 
 think — at any rate it was during August or September — there was a spring dis- 
 covered between the dead-line and the stockade, near the north gate. The men very 
 soon ascertained that It was water superior to any other in the stockade ; and 
 they went there, with poles with a cup or bucket attached, to dip it up. This 
 spring was afterwards cleared out under the supervision of the police, and a 
 trough was constructed from the spring leading to a point inside the dead liii^ 
 on the prison side of it. 
 
 Q. Who ordered that to be done 1 
 
 A. I presume 
 
 The JuDGi! Advocate. If you don't know anything about it, you need not 
 state what you presume. 
 
 Q. State what was a notorious fact. 
 
 A. It was a notorious fact 
 
 The Judge Advocate. You need not state what was a notorious fact. 
 
 Mr. Baker. He can state what everybody said there. 
 
 The Judge Advocate. The court will determine that. 
 
 The President. The court has determined a number of times that such evi- 
 dence cannot be received. 
 
 Q. Go on and state what you know. ^ 
 
 A. A frniigli was constructed, by whose orders I cannot say, leading under 
 the dead-li.ic to a point which was accessible to all the prisoners — a point remote 
 from the danger of being, shot by proximity to the dead-line. This spring fur- 
 nished water enough for all the prisoners then in the stockade ; that is, if they 
 did not crowd too much at a time ; if they went as occasion required, there 
 was water enough there ; they could dip it up in large bncketfulls. The trough 
 led into a reservoir. The water was of excellent quality, in fact the best in the 
 stockade. There were numerous other wells, but, as I said before, they could 
 not be used except by those who had aided in their construction, or as a matter 
 of favor. There were fifty or sixty wells, I presume, round the stockade in 
 different parts. . ~^ 
 
 the rations THE glJPl'LV OF WOOD. 
 
 Q. Do you know anything about any orders given by Captain Wirz to the 
 sergeants of the squads in relation to a large quantity of rations and more accom- 
 modations to be given to the prisoners ? 
 
 A. Yes, sir ; after the number of prisoners had been reduced by transfer 
 and exchange, I believe, to about 7,000, the camp was reorganized into 
 detachments of 500, subdivided into squads of 100 each. They were all 
 moved then on the south side, and the camp was thoroughly reorgan- 
 ized. Captain Wirz sent for the sergeants of these hundreds ; they went to his 
 headquarters, and he told them, ine amongst the others, that the camp had been 
 reorganized, and that, owing to the decrease in the number of prisoners, he was 
 in hopes the provisions would be more abundant, of better quality and more reg- 
 ular in their issue. They were increased, in fact, the same afternoon. He also 
 increased the ration of wood. Wood was hauled in in, wagons, so as to furnish 
 a sn&cient quantity for cooking, and in addition to that, he permitted squads to 
 go out to the number of 20 from each hundred, every day, under guard, 
 and they were furnished with axes at the south gate, to chop wood and bring it 
 in ; sometimes they went two miles from the stockade. --' 
 
 Those who had blankets used them as coverings or tents. .Of course those 
 who had no shelter tents or blankets were permitted then to go out and chop 
 pine tops, and they made a pretty good shelter. They used them for bedding 
 also. After that there was abundance of wood in the camp. 
 
590 TEIAL OF HENRY WIRZ. 
 
 By the Judge Advocate : 
 There was abundance of fuel, both for cooking and heating purposes. Salt 
 was a luxury in the stockade. I speak of my own positive knowledge when I 
 isay that salt was Sold by the bakers at the bake-house to the traders inside the 
 stockade iii quantities to suit purchasers, and it was tied up in bags, and thrown 
 over the stocliade at night. The scarcity of salt affected nur rations to this 
 extent, that we had no salt at all in our bread for a long time ; that i.s, no quan- 
 tity which was appreciable; we could not taste it. Salt was conveyed into the 
 stockade in the manner I have described, and was purchased by these traders and 
 by them exposed for sale. One day about the middle of October I wrote to 
 Captain Wirz that owing to the way in which our salt was disposed of, it was 
 impossible to obtain any through the medinm of our cooks, and I therefore 
 d-equested him either to issue the salt to us personally, as the other provisions 
 were distributed, from the wagons, or else to stop the supply altogether, so as 
 "to break up this trading. He immediately issued an order which was posted on 
 the sutler's shop, prohibiting the sale of salt inside the stockade, and authorizing 
 the police to seize upon it wherever exposed for sale, and to confiscate it. I do 
 not know for whose benefit it was confiscated. Immediately after that, for a 
 few days, the taste of salt was perceptible in our bread, but matters relapsed 
 into their former state in a short time. 
 
 TREAT.MEMT OF THE SICK. 
 
 On the evening of the 3l3t of October, about sunset, (it was tjie evening before 
 ■we left, which was on the 1st of November,) the rebel sergeants came in and 
 told those who were ordered to move (it was the first and second detachments I 
 believe) to be ready to take the train the next morning at S o'clock; and 
 they also ordered that all those who were really sick, or fancied themselves una- 
 ble to go on the train, unable to bear the fatigue of the journey, should report 
 themselves the next morning at the hospital inside the stockade. They did so. 
 A number staid behind^a number who were able to bear the fatigue, but who 
 wished to stay behind. 
 
 THE CHARGES OF MtRUBK AGA1.\ST WIRZ. 
 
 I never heard, while at Andersonville, of any actual personal violence by 
 ■Captain Wirz ; I have heard of his cursing a man. Captain Wirz rode an old 
 gray mare. 1 never knew him to ride a sorrel or a roan horse ; he was always 
 on the gray mare when he was mounted at all ; sometimes he came in on foot. 
 ■Captain Wirz never wore an out-and-out rebel uniform ; it was generally a 
 mixture. 
 
 The Judge Advocate. You had better explain yourself on that point. 
 
 Witness. Very few officers, I think 
 
 Q. How did he dress ? 
 
 A. In summer time, or during warm weather, he generally wore light clothes 
 'linen clothes. As the weather became colder, he wore woollen clothes. I don't 
 remember; he may have had on gray clothing. 
 
 CONUlTIOiX OF THE PRISONERS IN THE STOCKADE. 
 
 The main streets of the stockade leading east and west from the north and 
 south gates were lined on both sides exclusively with stores and traders of dif- 
 ferent kinds, venders of provisions and eatables of all kinds; in addition to that 
 there were traders who had uo settled place of business, and they would peddle 
 soap and candles and different things. When the dead-liue was up, they traded 
 surreptitiously with the guard over the stockade, but when it was down, it was 
 done openly. The men would come up to the stockade. I have seen the guard 
 ihere lower down bags of potatoes, onions, fruit, eess, aavthine thev could pro- 
 
TRIAL OF HENRY WIRZ. 591 
 
 cure for sale. Clothing and shoes, and buttons, which used to be an article of 
 currency there, a pretty extensive one too, would bo given in exchange ; also 
 watches, knives, corabs, pocket knives, anything that they had. Tliis trading was 
 constantly going on, not only during the day but the greater poi tion of the night. 
 A man on guard would sometimes make a bargain with a federal prisoner ; he 
 would not have with him the articles desired, and he would say to the prisoner 
 that the next time he came on the post he would bring the article for him. 
 It was a perfect understanding loetween them and was generally done. 
 
 STOPPAGE OF RATIONS. 
 
 I never knew of any stoppage of rations while at Andersonville. I know that 
 the rations were never stopped for my squad as a squad. There were individual 
 stoppages sometimes, when a man was remiss in duty ; that is, when he did not 
 appear at rpll-call. I neverkuew the whole camp to Jiave its rations stopped while 
 Iwasthere; that is, not stopped. Theissue was sometimes delayed. Iftherewas 
 a large arrival of prisoners, the rations' would be delayed until next morning, 
 but they were always made good. Sometimes we had two issues a day when 
 the one on the preceding day had been delayed. My first duty as sergeant of 
 a squad was roll-call in the morning, after that to attend at the south gate with 
 the sick, whicii took until about 11 o'clock ; then to carry out the dead to 
 the gate. Then there would be a slight interval during the middle of the day, and 
 from the early part of the afternoon until sunset, all my time was taken in drawing 
 rations andlssuing them. That comprised the whole duty. Mea of my squad would 
 frequently be absent at roll-call ; sometimes they were sick; sometimes they would 
 be trading ; sometimes they were too lazy to come ; they might be asleep occa- 
 sionally. If they were sick — if there were no absentees beyond those positively 
 sick — I would take the rebel sergeant around to their quarters and prove to him 
 that such was the case. If I did not know that a man was sick, I generally 
 procured a substitute in his place, so as to make my number. The roll was 
 called first by names, and then the sergeant counted the heads so as to verify 
 the roll-call. I had one man in my squad, and only one, who, from the moment 
 that he entered the stockade until sortie six weeks afterwards, never came near 
 me. He had plenty of money when he entered, and when his money was spent 
 he came back to the detachment. 
 
 THE SUPPLY OF PROVISIONS IN GEORGIA IN 1864. 
 
 I was a prisoner at Camp Lawton, near Millen. I was released from the 
 stockade at Camp Lawton on the 21st of November ; I had arrived there on the 
 morning of the 2d. I was detailed there as a clerk at headquarters to make out 
 the exchange lists ; that was what I was -told. On the night of the same day. 
 General Winder sent an order to Captain Bowes, commanding the stockade. I 
 was sent back to Andersonville by order of General Imboden. He sent me 
 across the country with a wagon train. We had our commissariat with us, but 
 being desirous of procuring eggs, poultry, sweet potatoes. Set., we purchased 
 them from the planters whenever we could. 
 
 Q. What information did you obtain as to supplies- — whether the people had 
 plenty or whether they were out of almost everything ? 
 
 A. As a general thing they were very destitute, especially in the wake of 
 Sherman's and Kilpatrick's armies. 
 
 ' THE UOGS. 
 
 Q. Do you know anything about federal prisoners going out with the hounds ? 
 if so, state what you know. 
 
 A. Not of my own personal knowledge ; I know from the confession of a 
 man. 
 
 Mir. Baker. I ask that the witness be allowed to state it. 
 
592 TRIAL OF HENRY WIEZ. 
 
 By the Court • 
 
 This statement was made after my return to Andersonville. The man was 
 a paroled prisoner outside. The man was not dying ; he was in perfect health. 
 It was not a dying statement. 
 
 Mr. Baker. I see no use now of putting the question. I suppose that as this 
 was not a dying declaration it will not be allowed to come in under the ruling 
 of the court. 
 
 THK CREDrBILlTV OF THE WITMESS, MARTIiN S. HARRIS. 
 
 Cross-examined by the Judge Advocate : 
 
 I never went under another name than Martin S. Harris. I never entered 
 the military service under any other name. I have been in one regiment ; I 
 was in it about three years and a half. I re-cnlisted as a veteran. I 
 do not know what you mean by jumping the bounty. I received a bounty after 
 having been two years in the service, when I re-enlisted about a year ago. The 
 bounty that I got then was authorized by act of Congress — $402. 1 enlisted 
 in the city of Brooklyn. I got S300 from the city of Brooklyn, and $75 
 Stale bounty. I got $375 from the city, and county, and State, and the 
 balance came from the United States. Xo, I believe that the bounty amounted 
 to more than that ; I was paid $290 subsequently. I did not pay any part 
 of my bounty to brokers. I was enlisted by Lieutenant Dougherty, com- 
 pany 0, 5tli New York artillery. I was mustered iu by Captain Larned, 
 11th infantry, I think ; I will not be certain about his regiment ; it was the 11th 
 or 12th. I did not apply, while at Andersonville, to Captain Wirz to detail me 
 outside on duty. I am positive that I never wrote him a letter on that subject. 
 I swear positively that I never under any circumstances wrote him a letter 
 asking to be detailed on duty outside. I was captured on the 4th of July. I 
 was not fighting at the time. I have been in many a battle, but not in this 
 , country. I have never been in battle during this rebellion. I was captured by 
 Early's advance guard. I had been slightly intoxicated when captured. I 
 was not lying beside a jug of whiskey at the time. There was not a jug or keg 
 of whiskey in my vicinity. There might have been considerable whiskey in me, 
 but not enough to cause intoxication. I know the circumstances under which 
 I was captured. I was captured by Early's advance guard. I was near one 
 of the government buildings. I was lying down. I do not know whether my 
 face was up or down ; I was asleep at the time. 
 
 Q. Then how do you know the circumstances of your capture ? 
 
 A. Well, I saw the men who took me. 
 
 Some of my ci.mrades were on the other side of the ferry ; the command was 
 on the Maryland side — across the river. I was on the opposite side of the river 
 from the principal part of my command. None of my comrades were immediately 
 around me. 1 cannot judge how drunk I was. I have a distinct recollection 
 about the circumstances of my capture. I first came to consciousness im- 
 mediately after Iwas captured. There were numerous rebels in the vicinity, 
 but only three or four captured me. The rebels were all around me at the time 
 they captured me ; they were standing in a group ; I do not know the precise 
 arrangement of the group. The advance had come up and gone past me before 
 I was captured, and the first thing I knew I found myself surrounded by the 
 enemy. I was sober immediately after I was captured — comparatively so. I 
 was sober enough to know what was going on and to enter into conversation 
 with my captors, to ascertain who they were, and see generally what was going 
 on. I did not express my obligations to them for being under their control. I 
 never did attempt to get away for it was useless. I was immediately put under 
 strong guard and kept so. I have suffered while under rebel control. I suf- 
 
TRIAL OF HENRY WIRZ. 593 
 
 fered immediately after my capture ; on the ensuing day I had to march to 
 Winchester. I have suffered from excessive marches and exposure. I suffered 
 at Andersonville. The heat of the sun was a great cause of my suffering ; in 
 the exercise of my duties, during the greater part of the day, I was continually 
 exposed to the intense heat. That was the chief cause. I also suffered from 
 diarrhoea. I never suffered from lack of water. The confinement was the 
 principal cause of suffering — confinement and exposure to the sun and sickness. 
 I arrived at New York May 16, directly from Annapolis. I have done nothing 
 since I left the army. I have written two letters to the New York Daily News 
 with regard to this trial. Their purport wasa plain statement of facts, j I wrote 
 those letters merely to see justice done to a man I thought wrongly accused. 1 
 selected the' New York News because I was acquainted with the editors ; they 
 are personal friends of mine. The editors are Ben Wood and Mr. Peloi. Ben 
 Wood has not been a personal friend of mine a great while. My relations with 
 him are not intimate at all. I state that he is a personal friend of mine because 
 I am acquainted with him, and for no other reason. I do not know that that 
 paper has been in sympathy with the rebellion during this war. I know that 
 the paper has been called a copperhead sheet. I do not know that it has been op- 
 posed to the cause of the government during the entire war ; I never read it before 
 I saw it here lately. I never did know until recently the character and com- 
 plexion of that paper. I did not know it before I wrote the letters to it. I do 
 not think that I ever read the paper before I wrote those articles ; I don't 
 remember that I ever did. No one suggested to me the propriety of writing to 
 the New York News. I was asked by one of the editors if I could give the 
 public any information as to the state of facts in regard to Andersonville. Mr. 
 Peloi asked me. I have been an acquaintance of Mr. Peloi but a short time. I 
 did not go to him and proffer those articles. He did not come to me. I was 
 ealling upon him one evening and he asked me. I was making a social call. 
 
 Q. How long had you known him ? 
 
 Mr. Baker. I object to this examination as foreign to the case and entirely 
 irrelevant. 
 
 Mr. ScHADE. I saw that paper last night, and I find that it is a very loyal 
 paper, supporting the President in all his policy, and I see no reason why that 
 paper should be brought forward before this court as a disloyal sheet. 
 
 The Judge Advocate. I can understand why you do not see it ; I know 
 what your sympathies have been during this war. 
 
 Mr. ScHADE. I know that the newspaper press has been attacking this man, 
 and I see no reason why, when he is defended by one paper, objections should 
 he made to it. 
 
 The Judge Advocate. I propose to pursue this line of examination with all 
 the witnesses. 
 
 Mr. Baker. I have no serious objection to it, but it is irrelevant. 
 
 The Judge Advocate. It is not irrelevant. The witness's competency is 
 the basis of all his testimony. If we show that he has been himself in sympathy 
 with rebellion, if he has after four years of war, having never been in battle him- 
 self, come home and put himself in communication with those who have been in 
 sympathy with the rebellion ; if he has volunteered testimony by seeking inter- 
 views with the editors of known rebel sheets ; if he has published divers and 
 sundry letters to those sheets ; if he proffered his services as a witness or has in 
 any way shown his sympathy with the cause of the rebellion, I think it a clear 
 proposition that that witness is more or less incompetent ; it is not, therefore, 
 irrelevant to inquire into the facts. It is a question of the competency and 
 credibility of the witness, and I assume to say that there will not be a witness 
 put upon the stand for the defence who has been in the service of the govern- 
 ment who will not be sworn to be connected directly or indirectly with those 
 who have been against the country. 
 H. Ex. Doc. 23 38 , 
 
594 TRIAL OF HENRY WIRZ. 
 
 Mr. Bakrr. I will make the remark that I intend to put upon that stand one 
 of the best witnesses that has been called for the prosecution — that man standing 
 there— (Robert H. Kellogg.) 
 
 The Judge Advocate. I will believe everything he tells me. 
 
 Mr. Baker. And I believe everything this man tells me. Ibave not yet reflected 
 on any of our Union soldiers. You are the only person who has done it ; when 
 I do it then you may blame me, and I hope if I do it this court will pitch me 
 out of the court-room. 
 
 'The Judge Advocatb. When I see a cloud of witnesses come here and tes- 
 tify to the horrors of Andersonville, sending a shudder throughout the civilized 
 world, and then see another witness, their companion and comrade in arms, come 
 here and testify that Andersonville was a place flowing with milk and honey, I 
 immediately suspect that witness, and I am going to attack him under all cir- 
 cumstances and in every way I can, because I do not believe the presumption 
 is in his favor ; and I give the gentlemen notice and I give witnesses notice that 
 it is my duty to do it as a prosecutor ; I owe it to my country and to the cloud 
 of witnesses who have come here and testified, against whom not a shadow has 
 been raised. The gentleman himself in his cross-examination has not dared to 
 attack their character or impeach their credibility. 
 
 Mr. Bakeb. What the gentleman proposes to do is all perfectly legitimate, 
 but his manner of doing it does more credit to his heart than it does to his head. 
 His zeal as an advocate is interesting, but as an adviser of this court it does not 
 do tliat justice to his head and judgment that ought to be done. His zeal carries 
 him too far in attacking witnesses. 
 
 Now the court and the judge advocate may just as well understand from the 
 beginning that we claim that those things that have been brought out on the stand 
 as having happened at Andersonville are not all of them facts as touching 
 Captain Wirz, and we intend to do all in our power to substantiate that claim, 
 both in the minds of this court and the minds of the community. We put 
 respectable witnesses on the stand to prove it, and v,-e shall put government wit- 
 nesses on the stand to prove it. If the judge adx^ocate can do away with the 
 effect of their testimony he has a perfect right to do it. All I ask is that we 
 shall not bring a court of this importance down to the level of a justice of the 
 peace court, where everybody shall be insulted and everything shall be offensive. 
 That is all I ask. I want things conducted properly. It seems to me that the 
 iudge advocate lugs in too much offensiveness into his cross-examination, and I 
 wish it could be in some way stopped. I know his heart is good enough and 
 he wants to do bis duty, but I think he errs in judgment in doing this thing. 
 
 The Judge Advocate. One word in defence of my position as judge advocate. 
 The theory of the law is that the judge advocate is the counsel both for the accused 
 and the government, but that theory is exploded the moment the accused selects 
 counsel. When the accused is defended with so large an array of counsel front 
 and rear — how many in the rear I do not know — with gentlemen of talent and 
 ability, that i-emoves from the judge advocate all the obligations he owes to the 
 accused ; all the writers say that. 
 
 Mr. Baker. The objection is, going into this matter of rebel sheets, that it is 
 irrelevant. 
 
 Mr. Schade. Politics should be entirely excluded. 
 
 tThe objection was not sustained. ^ 
 
 Q. During the publication of your letters in the New York News, in the 
 interest of this accused, how many times did you see Ben. Wood ? 
 
 A. Twice, I think; not more than that. I talked with him, on those occasions, 
 but a few moments about this case ; I did not talk about anything else ; I met 
 Ben. Wood in his oflSce ; he did not send for me ; I went there to make a cor- 
 rection in I the publication of my article ; it was on that business purely that I 
 went there. I published two articles in the Daily News — two relative to the 
 
TRIAL OF HENRY WIRZ. 595 
 
 Aadersonville affair. * I do not know how I came to be subpoenaed in this case. 
 I received a subpoena ; how it came about is more than I can tell you. I did 
 not write a letter to the counsel in this case, nor to anybody else ; I signed my 
 initials, M. S. H., to the communication I wrote to the News. I wrote for the 
 Brooklyn Eagle an article relative to the Andersonville business ; I am not 
 aware that that paper has been more bitter than the News against the govern- 
 ment. 1 have been a long time down south and have not read many papers 
 lately. I had been home a few weeks before I commenced writing letters ; 
 probably four or five ; the writing of those letters was the first literary labor I 
 performed after I got home ; I saw that attacks were being made by the press 
 on Captain Wirz, anticipating his trial ; and also, anticipating his trial, I com- 
 menced his defence. I consider the Brooklyn Eagle a first-rate paper ; it is 
 democratic in its principles. I am not aware that it ever attacked the present 
 government. I pretend to say that at that day I did not know it had been 'in 
 opposition to the administration. I do not consider it at all remarkable that I 
 selected. the News and the Brooklyn Eagle. I knew their complexion. That 
 is what my impressions were concerning the papers ; I knew they were not 
 in hostility to the present administration. I did not know anything about them 
 beyond that ; I never heard them discussed. I have heard the New York News 
 spoken of; I never heard its character for loyalty questioned. I am not ac- 
 quainted with the editor of the Brooklyn Eagle, personally ; I sympathize with 
 the political views of that paper, and also with the New York News in its present 
 course ; that was one reason why I selected those sheets. 
 
 Mr. ScHADE. Are you going to try the administration ? I object to the friends 
 of President Johnson being tried in this court. 
 
 The Judge Advocate. One of the last of the President's speeches reported 
 was, " deliver me from my friends ;" that is all I can say in reply. 
 
 I never did, while at Andersonville,. retain for my own use any rations that 
 belonged to the sick ; I state this positively. I never did while at Anderson- 
 ville retain the rations of the sick that would accumulate and appropriate them 
 to my own use. When a man was not able to attend the issue of rations I gave 
 his rations to his comrades ; there were three or four in a tent. When a man 
 was not able to eat his ration I would give it to his comrades ; I did that almost 
 every day. I never used those rations for my own benefit. I do not remem- 
 ber that I ever wrote any letters to Captain Wirz, or to any other person in 
 command or who had authority, asking for a clerkship ; I should state to the 
 beat of my knowledge that I did not. I have written to Captain Wirz. 
 
 Q. Was it a frequent occurrence with you to write letters outside ? 
 
 A. There was a letter-box on the dead-line. I never wrote to General Win- 
 der at all ; I have written to Captain Wirz once or twice. I wrote once 
 relative 
 
 Mr. Baker. You need not tell what was in the letter. 
 
 The Judge Advocate. Yes you need. 
 
 Witness. No, sir; I cannot tell what was in the letters. 
 
 I know what one letter was about ; it was about that salt business. The 
 other was relative to a man in my detachment by the name of Britton, who was 
 desirous of obtaining a clerkship, and at his solicitation I wrote to Captain Wirz 
 requesting that he be detailed. I do not know where Britton is ; I presume he 
 is living ; I never heard of his death. Those are the only two letters that I 
 ever wrote. I state positively that I never made such an application for my- 
 self while at Andersonville, or while at Millen. 
 
 I never did while at Andersonville take any part of the clothing off a dead 
 Man for my own use. I took in one instance a blouse to cover a man who was 
 actually naked. He had only a pair of drawers on, and they were in a most 
 filthy condition. I took the blouse off a dead body. That was the only instance 
 I remember. I can state positively I never took clothing off a dead body 
 
596 TRIAL OF HENRY WIEZ. 
 
 but in that one instance, and in that instance I did it for a comrade. I state as 
 positively that in no instance did I take any clothing from the body of a dead 
 man and apply it to my own use. 
 
 fQ. Did you ever at any time while you were at Andersonville complain to any 
 One of your comrades with regard to the fearful mortality — the great suflFering, 
 destitution and sickness among the prisoners in the stockade 1 
 
 A. Yes, sir; it was a frequent subject of conversation; in fact the only sub- 
 ject of conversation we had was that, and anticipating the time when we would 
 be released. 
 
 Q. And yet when you came home, among the first things you found it neces- 
 sary to do was to enter into a defence of Captain Wirz 1 
 
 A. What I wrote was this : not denying the horrors of Andersonville, but 
 ascribing them to what, in my opinion, was the proper cause. I never denied 
 them. 
 
 Q. Tou do not to-day deny any of the horrors that have been depicted at 
 Andersonville ? 
 
 A. Not a particle. 
 
 Q. The only question you gave any opinion on was with regard to the 
 responsibility of the parties, and that you state now as positively as yon do any- 
 thing t 
 
 A. Yes, sir. 
 
 Q. You state that you have not anything to diminish with regard to the hor- 
 rors of Andersonville as depicted by your comrades here 1 
 
 A. Nothing at all regarding the facts. 
 
 Q. Nothing excepting on the question of responsibility ? 
 
 \A. Yes, sir. 
 
 ^' By the President : 
 ' Q. On whom, in your opinion is the responsibility ? 
 
 A. In my opinion General Winder was responsible, and also the prisoners 
 themselves, by their conduct towards each other ; the prisoners were responsi- 
 ble themselves in a great many cases for their horrible sufferings there. I never 
 did in any instance treat any of my comrades or any of the sufl'erers in the 
 stockade improperly ; I treated them with as much kindness as lay in my 
 nature. I suppose I am about the average as a kind man. I made a remark to 
 diff'erent parties after I was exchanged, that I lived first-rate while I was with 
 the rebel officers and had plenty to eat and plenty to drink. I made that remark 
 at home in Brooklyn. People asked me how I fared down south, and I told them 
 how I fared at Andersonville and how at Millen ; and that was the idea I con- 
 veyed. Six prisoners comprised the whole force at Camp Lawton last winter. 
 My experience south was diversified, 
 
 Q. I want to know whether you ever at any time remarked in the presence 
 of any persons that while you were a prisoner in the south you had plenty to 
 \ eat and plenty to drink 1 
 " A. I remarked that during a portion of my imprisonment I did live well. 
 
 Q. Did you ever make that remark to anybody with regard to your living at 
 Andersonville ? 
 
 A. No, sir ; I could not do it ; it was not the fact. 
 
 Q. Did you in those communications to the New York News make any 
 statements except those that would tend to show upon whom the responsibihty 
 rested ? 
 
 Mr. Baker. I object to the question. If you have got any writing or any- 
 thing in print from this man you can present it to him and ask him if he ever 
 made that statement ; until you do that you cannot ask him any questions on 
 the subject at all, unless you show that the paper is destroyed. That is the 
 rule and nothing is clearer, and you know it as well as I do, for you have argued 
 On it half a dozen times ; I object to the question. 
 
TRIAL OF IIENEY WIEZ. 597 
 
 The Judge Advocate. The gentleman does not seem to be able to discrim- 
 inate between rules of law. The law as I understand it is, that when a wit- 
 ness is sought to be impeached he must be asked whether he at any time in the 
 presence of particular persons said a particular thing ; if he is to be impeached 
 by his own letter, or testimony, he is to be asked whether he at any time wrote 
 a letter embracing a certain state of facts. If he says yes, of course that ends 
 the matter. If he says be did hot, then he can be impeached by his own letter ; 
 that is the law. The principle of which the gentleman speaks is not involved 
 at all. 
 
 Mr. Baker. If I understand the object of the judge advocate, from his 
 cross-examination, he intends to impeach this witness by other witnesses who 
 will be called to contradict him. 
 
 The Judge Advocate. That is my object. 
 
 Mr. Bakee. Well, now, when a party wishes to impeach a witness the rule is — 
 and I hope the reporter will take it down, so that we can have the question set- 
 tled — that you must ask the witness if he said thus and so ; but if that language 
 is embodied in writing or in printed matter, then you may produce the writing 
 or printing and ask him, from the reading of it, if he said thus and so. That is 
 the only way you can do it ; that is the law, and I will stake my head or repu- 
 tation on that fact. 
 
 The Judge Advocate. A letter is the same as a witness, and the letter need 
 no more -be brought into court than the witness, at the time the ground is being 
 laid for impeachment. 
 
 The objection was not sustained. 
 
 Q. You say that your only object in writing those letters was not to diminishat 
 all the representations of the horrible condition of Andersonville, but merely to 
 place the responsibility where it belonged ? 
 
 A. No, sir ; I state that the object of my letters 
 
 Q. You stated a while ago that that was the animus, the intention of your 
 evidence to-day. 
 
 A. I had a double object 
 
 Q. I am not speaking of the letters now ; you say that you have nothing to 
 diminish or detract from the horrors of Andersonville 1 
 
 A. Nothing at all. 
 
 Q. Your only purpose is to show the responsibility of certain parties ? 
 
 A. Yes, sir, that is it. 
 
 Q. I now want to know whether in the letters written by you to the New 
 York News and Brooklyn Eagle, touching the trial of Henry Wirz, you 
 entered into this case beyond what you now state was your purpose ? 
 
 A. T said nothing about the trial of Wirz ; the trial had not commenced. 
 
 I said something about the approaching trial in those letters. I portrayed the 
 sufferings of the prisoners at Andersonville in those letters as fully as I could. 
 The only feature in my letter differing from the statements of the witnesses for 
 the prosecution was with regard to the responsibility and nothing else ; that is 
 true of all the letters I wrote. I am an American. I fought in the wars of the 
 Netherlands against the Malay pirates in the Dutch East Indies, in the 
 Holland service — the Netherlands. It was between 1850 and 1852. I was 
 attached to the Dutch navy, not the regular navy; I believe it is something 
 like the East India Company's service of England ; they have a naval service 
 under their control. Sometimes I was fighting every night. I came back to 
 America in the latter part of 1852. I was a seaman in the Holland service. 
 Merely the roving disposition which influences every sailor to move about from 
 one part of the world to another induced me to go into that service ; I had no 
 patriotic motive, merely a desire for adventure. Love of gain had nothing to do 
 with it ; the pay only amounted to eight dollars a month, and that was no induce- 
 ment; it was merely a roving disposition. 
 
598 TRIAL OF HENRY WIRZ. 
 
 THE CHARGES OF MURDER AGAINST WIR5!. 
 
 When 1 arrived at Andersonville I waa treated like all the rest; I could 
 perceive no difference . When we were brought up in front of Captain Wirz's 
 headquarters we were divided into squads of ninety men each. The men of my. 
 squad wished me to act as their sergeant. Captain Wirz came to me with a 
 sheet of paper and told me to take the names. That constituted me sergeant 
 of the squad. Captain Wirz did not display any violence of temper on that 
 occasion. I have never seen Captain Wirz display any temper except inside the 
 stockade ; he displayed it there frequently. Almost every week or so he would 
 come in on his gray mare, and the men would collect around him by hundreds, 
 and would pester him with questions about exchange. At such times he would 
 go off in a rage. I never saw Captain Wirz draw his pistol on the prisoners; 
 1 have seen his pistol in his belt ; I never saw him with his pistol in his hand. 
 I am sure of that. 
 
 THE DEAD-LINE. 
 
 The dead-line was removed about the 10th of September, immediately after 
 the removal of the first detachment of prisoners ; it was all taken down, and all 
 restriction with regard to that dead-line removed. That I state positively. 
 After that time there was no shooting on the dead-line until the dead-line was 
 reconstructed. I do not know why it was reconstructed unless it was 
 
 The Judge Advocate. If you do not know why, you need not state. 
 
 It was reconstructed about the middle of October. There was no shooting to 
 my knowledge after the dead-line was put up. I never saw any man shot ; I never 
 knew a man to be shot after the lOth of September on the dead-line. So far as 
 I know there was no shooting on the dead-line. I have heard of prisoners being 
 shot on the dead-line previous to the removal, but I never witnessed anything of 
 the kind. I never heard of men being shot after the 10th of September. 
 
 THE SUTLER. 
 
 It must have been about the 1st of October that Captain Wirz cleaned out 
 that sutler's establishment; possibly in the month of September; I will not be 
 positive about the date. The sutler was a Jew ; I don't know his name. He 
 was not the one who had been there all summer ; that was another one. The 
 Jew had been there ever since the time the first sutler left — the sutler who was 
 there all summer. A man by the name of Selman was sutler all summer. Sel- 
 man may have left with the first detachment that went down towards Savannah. 
 If you narrow me down to the point I will say that it was on or about the 10th 
 of September that Selman went away and this Jew succeeded him. I do not 
 know who appointed the Jew as sutler. He was not in the stockade as sutler 
 during the time Selman was there ; I do not know in what capacity the Jew was 
 in the stockade ; I never knew the man before ; I had no intercourse with him ; 
 I never bought a cent's worth from any sutler. Captain Wirz reserved a few 
 bushels of potatoes at the time he cleaned the sutler out. There were onions, 
 tobacco, bacon and some odds and ends in the sutler's t6nt — red pepper and so 
 on. Captain Wirz reserved only the potatoes — about four or five bushels, I , 
 should judge. I do not know what became of the potatoes. 
 
 CONDITION OF THE WATER. 
 
 The water in the creek was fit to bathe in, but I did not consider it fit to 
 be used for drinking purposes. I did not drink it ; I saw the prisoners fishing 
 into this spring that was discovered in August ; that was the first time I saw 
 any use made of it. The first I knew of the spring being there was in August. 
 
TRIAL OF HENRY WIRZ 599 
 
 That drain was built to convey the water into the stockade some three or four 
 weeks afterwards. It was rather later than the first of September when they 
 began to use the water from that spring, it was somewhere between the 1st and 
 15th, so far as my memory serves me — about the time the prisoners left, not 
 before. It was not after the prisoners were removed to the south side of the 
 brook ; the trough and the reservoir were constructed bef )re the prisoners had 
 been removed to the south side, but about the time the greater number of them 
 left. Up to that time the prisoners had not used this spring exclusively ; they 
 would fish the water out with a cup or- pail. 
 
 Under those circumstances I never knew of any of the prisoners being shot ; 
 I never heard of any man being shot sit that point. I heard of a man being shot 
 therS at the brook on that dead-line. I never saw anything of it. That spring 
 was not more than six or eight feet from the dead-line. The spring wis not 
 along the edge of the brook, it was about one hundred feet to the north of the 
 edge of the brook, between the dead-line and the stockade, up on the dry ground 
 on the hill-side ; there was quite a sharp hill there. There were a great many 
 wells there, but no persons were allowed to use them except those who built 
 them, or had an interest in them. Those who had built the wells, or had an 
 interest in them either by purchase or otherwise, kept the water for their own 
 use. They would watch the well and prevent all except their own company 
 from using it unless they purchased the privilege. The ordinary price was a 
 chew of tobacco for a cupful of water ; I do not know what tobacco was worth 
 a pouud ; we used to pay twenty-five cents for a piece about two inches square, 
 and very thin at that. At that rate I presume tobacco would bring eight or ten 
 dollars a pound. It would not be safe to estimate the price of a cupful of water 
 at twenty-five cents ; twenty-five cents' worth of tobacco would last a man two 
 or three days at the rate we consumed it there. We had to be economical ; a 
 chew of tobacco was a very small piece; we gave a very small chew for a cupful 
 of water. 
 
 THE RATIO.\S THE SUPPLY OF WOOD. 
 
 All the prisoners except the sick were removed to the south side after their 
 number had been reduced to 7,000 or 8,000. The prisoners were compelled to 
 remove their tents; of course they had the right to walk on the north side ; they 
 were not restricted in that way, but all the tents and habitations were removed 
 to the south side. They were compelled to be on the south side at roll-call, 
 and compelled to be there 'v^hen rations were issued to them. The prisoners 
 , were never called for except at roll-call, and if they were absent at roll-call they 
 were punished. The south side was about three-eighths of the whole area, I 
 should judge ; rather less than half of the whole. All the prisoner^ could go on 
 the north side; they could go over there for exercise. That continued until I 
 left, on the 1st of November. ^- 
 
 At that time wood was plenty for all purposes ; it was not plenty before that 
 time, it was very scarce ; there was sufficient wood for cooking purposes ; I was 
 sergeant of a squad while I was at Andersonville, and the duties of that position 
 occupied nearly all day ; I was never a trader at any time ; I never bought nor 
 sold. There was sufficient wood served out ; I did not steal wood from the 
 other prisoners ; I never deprived any other man of wood ; all the camp at 
 that time had all the wood they needed, provided they did not cook any more 
 than I did ; every two or three days I would receive a stick of wood the length 
 of a cord-wood stick, and about the thickness of that roll of paper, [pointing,] 
 sometimes not so large. I received once in three days a stick about four feet 
 long and two and a half inches thick ; that was sufficient for cooking purposes ; 
 I did not cook anything ; the provisions were cooked ; sometimes I liked them 
 warm ; I generally ate them as they were served out from the wagon ; during 
 my stay there they were generally served cooked. There were occasional 
 
600 TRIAL OF HENRY WIRZ. 
 
 instances where the bacon would come in raw ; the rations were generally served 
 cooked ; I do uot think there was need of wood : that is the reason there was 
 suiEcient wood, because there was no necessity for it, the rations being cooked ;> 
 raw rations were occasionally issued. The bread, while I was there, was always 
 baked ; the beans were always baked ; the rice was always baked ; there was 
 occasional issues of raw beef and bacon ; I could not say that this was true of 
 the whole camp ; I attended to my own duty; I do not know anything exten- 
 sively beyond my own detachment ; I do not pretend to state, with any certainty, 
 observations beyond my own ninety. 
 
 ~" Q. Was it not a fact that in the crowded state of that prison it was impossible 
 for a man to know, with any certainty, what was going on beyond his own 
 immediate vicinity ? 
 
 A. Some had greater facilities than others for acquiring general information, 
 those engaged in trade ; I was not of that class, and did not make this general 
 "Observation. I was allowed double rations while I was sergeant of a ninety ; 
 that was not the reason why I had enough to eat ; I did not eat my extra ration, 
 I never touched it ; I paid it for the shelter which I had, to a party in there 
 belonging to my regiment, who had the good luck to have a tent ; I had none, 
 and for my extra ration I secured a shelter ; I paid my extra ration always 
 for my shelter while I was there, and ate the other ration ; I had no more than 
 any other had ; 1 do not say the prisoners had sufficient to eat, I say they had 
 enough to sustain life provided they could eat it. They could not eat their 
 ration always ; some prisoners died for want of proper food ; I saw a great many 
 deaths of that kind there, for lack of proper food, but not from the lack of quantity ; 
 from the lack of proper food a great many did die ; 1 have seen a great many 
 • die from hunger because they could not eat the food which was provided for 
 them ; raw rations were seldom issued to prisoners who were sick ; raw rations 
 were issued to the sick sometimes, but very seldom. 
 
 Q. Were cooked rations sometimes issued to the sick that were not fit for 
 them to eat ? 
 
 A. That was merely a matter of taste. 
 
 Q. Then those men who died preferred to die as a matter of taste to eating 
 those rations ? 
 
 A. The sick, those who had sore months, could uot eat the corn-bread 
 and 
 
 Q. What made their mouths sore ? 
 
 A. Scurvy. 
 
 Q. And they prefei-red to die as a matter of taste ? 
 
 A. They preferred to abstain from that part of the ration altogether. 
 
 Q. You use the word " abstain" as yoxi preferred to use the term " delayed" 
 ins.tead of " stopped"' in regard to the rations ? 
 
 f A. It is hardly a parallel case ; they abstained from the food because it only 
 aggravated their disease. The result of their abstaining from food was that 
 they became greatly emaciated, and in a great many cases death ensued ; death 
 resulted from their abstinence from food, from the nature of their food, not from 
 starvation arising from the lack of food. I said salt was thrown over the stock- 
 ade in quantities to suit purchasers. At the time the salt was thrown over the 
 stockade, the number of prisoners was estimated at 33,000 ; salt was a luxury 
 at Atidersonville ; I consider anything a luxury which is very scarce ; salt was 
 very scarce at Andersonville ; it could only be obtained by purchase ; all those . 
 who could afford it purchased salt ; I cannot tell how many could afford it ; 
 there were a great many in the stockade who could afford it, a great many who 
 had money ; I suppose about one-third of the prisoners had money. Each one 
 would purchase according to his ability ; men who possessed money could pur- 
 chase enough for daily consumption ; each would consume a spoonful perhaps ; 
 those who had money had to be economical ; a spoonful of salt would be sufficient 
 
TRIAL OF HENRY WIRZ. 601 
 
 for each purchaser ; that was the daily purchase ; there were more than ten 
 thousand spoonfuls of salt thrown over the stockade daily ; I say that I have 
 seen salt thrown over the stockade daily ; I pretend to know of my own knowl- 
 edge ahout this traffic ; I know about this because I have been occasionally 
 ■walkiug in the evenings down on the west side of the stockade, and I have seen 
 this traffic going on ; I presume it was going on all the time ; I do not know 
 except from what I have seen occasionally ; I know where the salt came from, 
 it came from the bake-house ; I saw it thrown out from the bake-house, but by 
 men — ^ 
 
 Q. You say you saw it thrown from the bake-house? 
 
 A. No ; I want to correct myself as to that ; I never saw the salt go in the 
 bake-house, and I never saw it come out ; I do not know anything about that ; 
 I only know that salt found its way inside the stockade, from men who were 
 employed in the bake-house ; I know it came from those men ; I know that 
 salt was issued to the bakery to season the bread with ; I know that from the 
 rebel sergeants ; I did not see it done ; I was told so ; I do not know of my 
 own certain knowledge that it was. 
 
 The Judge Advocate. Then do not be so anxious to state it. Have a little 
 regard for your comrades and their honor, and do not try to protect rebels. 
 Do not be so fast to state what you do not know of your own knowledge. 
 
 This practice of selling salt was in operation when I went to Andersonville. 
 There was always a great scarcity of salt until Captain Wirz broke it up ; he 
 broke it up about the middle of October, and in three or four days it was resumed ; 
 we had' a little salt, but not a sufficient quantity. 
 
 Q. Do you pretend to know of your own knowledge that the suffering inside 
 of the stockade resulted from the conduct of any particular persons outside 1 -, 
 
 A. I know that the salt was sent in by paroled prisoners. I do not know/ 
 where the salt came from only from what I have been told ; I know the bakers 
 were responsible for salt not being put in the rations ; I know it because they 
 sold the salt, that is the best reason I have. It was the general belief in the 
 stockade that the bakers were responsible for the lack of salt in the rations^ 
 My knowledge was founded on that belief. 
 
 TREATMENT OF THE SICK. 
 
 Q. You say that when the sergeant came in there, at the time the sick and 
 others were removed, about the 31st of October, they informed the sick that they 
 might remain, if they desired to do so, and they did remain ? 
 
 A. They did remain. 
 
 Q. Preferring to stay in the Andersonville stockade to being exchanged ? 
 
 A. 'Yes, sir. 
 
 Q. You state it as a fact that the Andersonville stockade was regarded by 
 them as preferable to an exchange ? 
 
 A. Preferable to another stockade unknown to them. Andersonville at that 
 time was comfortable comparatively to what it had been. This was after the 
 stockade was cleared out ; some of the prisoners staid, preferring that stockade 
 to one that they knew nothing of; some were unable to be removed, but some to 
 my own certain knowledge preferred to remain there — some of my own detach- 
 ment ; they preferred to bear the ills they had ; Andersonville was preferable 
 in their view to an exchange of stockade ; I do not mean to convey the idea 
 that Andersonville in their opinion was preferable to coming home here m 
 the north ; the idea those men had was that they would rather stay there than 
 go to another etockade, of the horrors of which they knew nothmg. The 
 actual roll-call only took a few minutes ; my next duty was to take the sick 
 out at sick-call; there was an enclosure outside the stockade; I took them out 
 there ; some days I would not take out any, and sometimes half a dozen ; I 
 
602 TRIAL OP HENRY WIRZ. 
 
 coiild not say how often I took out half a dozen ; not often ; very seldom. The 
 sick of my squad did not amount to half a dozen, as far as my memory serves 
 me, not during my whole stay, over half a dozen times. I frequently returned 
 with the same sick tiiat I took to the gate ; I generally returned with those that 
 went with me ; they would not come back without receiving medical treatment ; 
 they were prescribed for by the surgeons who were on duty for our detachment, 
 and in the afternoon I went out and drew the prescriptions from the hospital 
 steward who was there in attendance ; I always got medicine for my sick ; I 
 forget how many of my ninety died ; as many as twenty; about half of them 
 died in the stockade, principally of chronic diarrhoea; they died in their quarters ; 
 their comrades and I waited upon them ; they had no physicians ; the physi- 
 cians did not come in the stockade, that is, during the greater part of the time; 
 a surgeon never came to my quarters in the stockade ; I gave the men their 
 medicine ; they were prescribed for frequently ; when a man was unable to attend 
 the sick-call I went to the doctor and told him the man was unable to be 
 removed, and he would prescribe for him ; I could give' a proper diagnosis of 
 the case, or the doctor had seen the man in an early stage of his sickness and 
 he had diagnosed the case ; sometimes the doctor saw the men in the early 
 stages of their sickness, and sometimes during the progress of their ■ diseases, 
 The doctor prescribed for them upon my representations ; so far as I remember 
 only twenty died out of my ninety ; I should not think more than that. 
 
 Q. How many who did not die became disabled from sickness ? 
 
 Witness. Do you mean disabled for a time or permanently 1 
 
 The Judge Advocate. Permanently disabled. 
 
 A. That I cannot tell, for the sick of my detachment were left behind when 
 when the detachment moved down to Millen. I do not think there were over 
 half a dozen of my detachment left behind ; my detachment was full at the 
 time ; there may have been one or two short, but the camp had been shortly 
 before reorganized, and it was much more healthy then than it had been pre- 
 viously, and my detachment was nearly full ; I do not think it was quite full. 
 The detachment was continually replenished ; some were taken to the hospital, or 
 put on duty outside, and others died. Taking into account this replenishing of my 
 detachment, I have commanded in all as many as a hundred and fifty different 
 men. I have accounted for twenty-six who were taken out of the original ninety. 
 Some of the others were detailed, paroled outside ; none of them were sick ; 
 those who went out were well. 
 
 Q. Then the only sick men in your detachment were twenty-six out of a hun- 
 dred and fifty ? 
 
 A. 1 do not say twenty -six ; I give the number as near as I can remember ; 
 it is impossible for me to state the precise number at this time. I remember 
 that twenty died and six were left behind unable to travel, and that is all I 
 remember about it. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 There were two main avenues in the stockade ; one on each side. They ran 
 east and west from the north and south gates ; and there were cross-streets. 
 Very few of the traders had shanties ; very few indeed. The men would have 
 a small table three or four feet long and a couple of feet wide placed upon 
 planks in front of their tents. Those tents would not occupy over six feet 
 square — hardly that ; they were all sizes. I would not be positive about their 
 area ; they were sometimes under shelter tents and sometimes under two or three 
 blankets. I should think it was between 150 and 200 yards across from dead- 
 line to dead-line. There were not SCO shanties on each side of the street ; there 
 were spaces between ; you must make allowance for the cross-streets. Some 
 would occupy more space than others. Those avenues were occupied almost 
 exclusively by traders. 
 
TEIAIi OF HENET WIRZ. 603 
 
 STOPPAGE OP THE RATIONS. 
 
 The rations were never stopped for the whole camp while I was at Anderson- 
 ville ; they were delayed. 
 
 Q. Explain why you prefer the term " delayed" to " stopped ? " 
 , A. Beeause'it was owing to the arrival of prisoners ; that was generally the 
 cause. We knew this because it was stated to us by the rebel sergeants ; that 
 was the only way I knew it. The arrival of prisoners was the cause ; we were 
 witnesses of the fact, and we were told that that was the reason ; every time 
 the rations were stopped that was the reason assigned, as far as I remember ; I 
 do not know any other reason except the arrival of prisoners. The rations were 
 never stopped for the whole camp ; I know that because they were never stopped 
 for my squad ; I would have been included. There was not a thorough stoppage 
 for my squad while I was there ; there would be delays. I call a thorough 
 stoppage when we would lose a ration — when the ration would be lost for the 
 whole. What I call a delay is w;here the ration was issued the next morning 
 instead of the evening previous. I have had absentees in my squad. I have 
 had men punished in my squad for being absent ; they were punished by stoppage 
 of rations ; the individual ration was stopped ; they only stopped the ration of 
 the man who absented himself, and in no instance was the issue of the whole 
 squad stopped. The ration of those who were not present at roll-call was stopped 
 by the rebel sergeant ; he would take the actual number present, and rations 
 for that number were issued, with orders from him not to give the absent man a 
 ration. The time for roll-call would vary ; the roll was generally called about 
 nine o'clock ; that was the time my roll was called. The actual calling of the 
 roll would take a very few moments. We entered the stockade with ninety men . 
 We lost some of our men the first day ; there were some sick and unable to 
 attend roll-call. At the first roll-call I had there were some three or four 
 absent ; their rations were stopped ; there were men more or less absent from 
 the squad all the time, from sickness and from pure indolence. Men who were 
 absent on account of sickness did not have their rations stopped ; the sick were 
 accounted for, but those who were absent from either recklessness or indolence 
 had their rations stopped. I have had men sick in my squad who were not 
 attended to carefully by the physicians. The sick always found it necessary 
 to go to the brook if they were afflicted with diarrhcea. They have been absent 
 at the brook at the time of roll-call. Their rations were not stopped on that 
 account ; they were always accounted for ; I ascertained that the man was at 
 the sink and reported the fact at the gate, in all cases ; that was my duty, and 
 I tried to do it to the best of my ability. 
 
 THE SUPPLY OF PROVISIONS IN GEORGIA IN 1864. 
 
 I was in the stockade at Millen, or camp Lawton, from the 2d of November 
 till the 21st. I did not apply by letter to General Winder to be detailed ; I 
 never told one of my comrades that I had so applied. I positively swear that 
 while I was at Millen I never, on any occasion, wrote a letter to General Winder, 
 or any other commander, asking to be detailed. 
 
 Q. How did it happen that you were sent back with General Imboden to 
 Andersonville ? 
 
 A. Well, the fact is that an exchange was- shortly anticipated. I presume 
 that was his motive in sending me back. I was shortly exchanged ; I was sent 
 from Andersonville to Vicksburg; I went over in a wagon train. There 
 were four wagons in the train. I went all the way from Millen to Ander- 
 sonville; across through the country. General Imboden did not accompany 
 me; he was at Brazilia, fourteen miles from Augusta. I did not go with 
 General Imboden : it was by his orders that we were sent across. I arrived 
 
604 ' TRIAL OP HENEY WIRZ. 
 
 at Andeisonville about the middle of March, 1865. I was not put back in 
 the stockade. General Imboden ordered Captain Wirz not to put us back in 
 the stockade. General Imboden was not at Andersonville when we arrived ; he 
 was at Brazilia. I did not bring the order with me from him ; the order was 
 sent by mail. 
 
 VACCINATION. 
 
 By Counsel : 
 
 I saw vaccine sores in the arms of several men ; their arms were in a horrible 
 
 condition. I never saw any vaccinated ; I knew they had been vaccinated 
 
 because of the nature of the sores on their arms — they were vaccine sores. I 
 
 did not see any besides those. I never received any order in regard to having 
 
 , my men vaccinated. 
 
 By the Judge Advocate : 
 
 The arms of those men were in a horrible condition ; sometimes the bones 
 Were denuded of flesh. Tliat was my observation on the subject of vaccination. 
 
 October 6, 1865. 
 
 Frederick Koth, for the defence : 
 
 1 have been in the military service of the United States — in the 2d New York 
 cavalry. I was captured on tho 19th of October, 1863, near New Baltimore, 
 Virginia. I was taken to Richmond, Belle island, and from there to Anderson- 
 ville. I was at Belle- isle five months. I was taken to Andersonville about 
 the 20th of March, 1864. I left Andersonville on the 9th of September, 1864. 
 I was inside the stockade all the time, except when I would get out for wood. 
 
 condition of the water. 
 
 ' In some places the water was very good. In other places the water that ran 
 through the brook was not fit to drink. There were wells and springs in the stock- 
 ade. There were not enough wells in proportion to the men. I should think 
 there were about 400 of different kinSs. The springs were mostly along the 
 swamp. In half of them the water was not fit to drink, on account of the mag- 
 gots that ran all over the swamp Into the water. In the wells that were deep — 
 I seventy-five feet deep — there was good water for any one that could get it. 
 
 the rations. 
 
 \ 
 
 'For the first two months that I was there we got more meal than we could 
 use. We had it there by bags full. For the last three months that I was there 
 we had not enough to eat in what was issued to us. I know of the rations 
 being sometimes very deficient. They would be so because some of the detach- 
 ments that were not full drew just as much rations as the detachments that had 
 their full complement. The sergeants generally drew, if they could, for their 
 whole squad, accounting for the men some way or other. A good many drew 
 I double rations. 
 
 charges of murder against wirz. 
 
 ' I recollect seeing Lieutenant Davis first the day I left Andersonville — the 9t° 
 of September, 1864. I think he went in the same train with us. I did not Se^ 
 him till I got to Savannah. I never heard, while at Andersonville, of Captain 
 Wirz killing or shooting or beating or kicking men to death. I heard of it since I 
 came to Washington. I have heard him curse men and threaten to shoot 
 Cthem. 
 
 tunnelling out. 
 
 I never was engaged myself in tunnelling. I have watched the tents while the 
 men of my regiment were working on tunnels. There was some tunnelling 
 going on all the time. 
 
TEIAL OP HENRY WIRZ. 605 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 The first part of the time the biggest part of the trading was done by the 
 post adjutant. He had a man inside selling for him. I have seen men going 
 into the stockade and trading. The men traded with the guards in day-time 
 and at night. There were a good many stores at Andersonville. Men could 
 'buy almost everything there as in this city, if they had the money. Of course, 
 there were a few things which could not be bought there. I did not know of any 
 eating-houses there. There were places where they sometimes boiled eggs and 
 fried eggs, with meat which they bought from prisoners, or the quartermaster, 
 or stole. I cannot say that there was much money in the stockade. I know 
 that I did not have much. This adjutant used to bring in a good deal of salt, 
 and the guards would sell it in small quantities, in haversacks. I never saw 
 any of the outside prisoners trading or selling to those inside the stockade. 
 
 Cross-examined by the Judge Advocate : 
 I was fifteen years old when I entered the service. I had been in the coun- 
 try fourteen years when I enlisted. I was born in Germany. I never got 
 any bounty. I did not re-enlist as a veteran. I joined the 21st New York 
 infantry in 1861. I remained in that regiment 11 months. I had my arm 
 broken in two places when I was in that regiment. I was never rightly mus- 
 tered into that regiment. They had the full complement of drummers. I took 
 no French leave from the 21st New York regiment. .1 was not mustered in 
 right. For the last four months I got no pay, and so I left. I was mustered 
 in on pay days, but for the last four months I got no pay. I did not desert ; 
 I left. I entered the service again in 1862. I was 16 then. I had gone to 
 work in a factory, but did not like it ; and then I thought that as I had seen the 
 commencemeEt of the rebellion I would see the end of it Captain Buell was 
 recruiting iri Troy for the 2d New York cavalry, and I enlisted. I was not a 
 musician in the 2d New York cavalry. Captain Buell enlisted me as a bugler, 
 but I only bugled for six months. I was a private. My arm was broken in 
 the regiment I was first in. I can hardly say whether my arm was still dis- 
 abled when I entered the second regiment. The doctor examined me in Troy, 
 and said he guessed I would do. I was captured in a fight. There were 250 
 or 300 captured with me. Forty of my own regiment were captured. The 
 biggest part of those captured staid in Richmond. 
 
 CONDITION OF THE WATER. 
 
 The water of the brook that ran through the stockade was not fit to drink. 
 The biggest part of the men had to drink it, because they could not get any 
 other I have been dry myself and would not drink it, because I did not like 
 it. Sometimes the men who had wells would give me a drink, and sometimes 
 they would not. It depended upon their charity and their disposition to give to 
 me. The water in the spring near the swamp was not fit to drink. The swamp 
 overran with all kinds of filth. In some of the springs higher up there was 
 good water. The water in the Springs close down to the swamp was about the 
 same as the water in the brook. About one-third of the springs yielded good 
 water. The springs would supply some of the prisoners in the stockade only. 
 They could not get much water at a time, as the hole for each well was very 
 small. They would have to wait until the water came again in the hole ; others 
 they could get a pailful out of. With the springs and wells together, nearly 
 one-half of the prisoners in the stockade could get good water, and the rest would 
 be compelled to go without it, unless their friends who had wells would allow 
 them to get it. I suffered some on account of the water. I have been hot and 
 dry, staying in the sun without shelter, and have gone down for a drink. The 
 
606 TRIAL OF HENRY WIRZ. 
 
 scum on the top of the water would be like as if there was liquor thrown on it. 
 and I would have to wash it off or dip under it. The water would not smell, 
 but it would not taste good. I would not like to drink it. We could see by 
 standing on the hill that the people in the cook-house would empty slops right 
 into it. We knew that was the way they did it. The slops from the rebel 
 camps above went into the brook. It was pretty bad water to drink. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADE. 
 
 I suffered from hunger and exposure at Andersonville. For two weeks I did 
 not think I would ever see Yankeedom again. T am not as strong now as I was 
 when I was taken to Andersonville. The diarrhosa that I had there for two 
 weeks affects me still. 
 
 I had nothing to eat some part of the time while I was at Andersonville. 
 I should judge that that was true of a good many in camp, except those who 
 had lots of money, or who carried on trade or business. Those who had money 
 had the best chance to trade. If a fellow with only one or two dollars was 
 trying to trade with a confederate, some other fellow would come up and offer more 
 and get it from him. Those traders ruled the camp pretty much. I had not 
 money much to buy from the traders, and they did not do me either harm or 
 good. They did me harm in one way — that, if I had a lot of money, I could 
 buy from the guard, whereas these follows who had so much would come and 
 /offer more than I. 
 
 j Q. Could they not hurt you also by buying things that ought to come to you 
 regularly? 
 
 A. I do not know that I would have got them if they had not bought them. 
 I cannot think of any other way in which these traders injured me. After 
 the regulators were got up, these traders put on airs a good deal. The regu- 
 lators put on some style there. I do not know that the regulators, went about 
 with their whiskers died, but they drew four times as much rations as the other 
 men. Some of the regulators were looked upon as distasteful as the raiders. 
 The biggest part of the camp were down upon them. Some of the speculators 
 joined the regulators. The speculators, regulators, and raiders were about the 
 same thing. 
 
 I saw a good deal of suffering in the stockade. I saw some men lying near the 
 swamp ; they would crawl down as near as they could. If they went near 
 a tent they would be clubbed away down into the swamp, and then some 
 of them got so that they could not stir, and they would He down at the swamp 
 until they died. Some had scurvy, which drew them up like a cripple. They 
 could not stir, unless some one would help them. There were some who had not 
 enough to eat, and who would go around and pick up the crumbs from the 
 wagon that came in with rations. After the regulators were got up they 
 would hit a man who would do that. They didn't care whether he was sick or 
 not. I never saw Duncan strike a man. I never saw Duncan drive away men 
 Who wanted to get crumbs in that way. I had not shelter at night except one 
 month of the time while I was at Andersonville. The first month or two I was 
 allowed to go out for wood, and I sheltered with two men who were with me, 
 but after a good many prisoners came there they sold their tent and ground for 
 five dollars, and I was knocked out of the tent. The same two men would get 
 out and get some more wood, and I gave the guard some buttons to take me out, 
 and we got some slabs and built up another house, but 1 could not lay down any- 
 thing in it, for the crowd was so bad that they would steal anything as soon as I 
 (_would take my eyes off it. 
 
 I cannot recollect how many died out of my 90. I know that some died. 
 I know that about 800 left Belle Isle with me, and about 600 of them died at 
 
TRIAL OF HENRY WIRZ. 607 
 
 Andersonville; several died on the way there, or as soon as they were put in 
 hospital. 
 
 The biggest part of the trade was going on while Adjutant Selman was at 
 Andersonville. 
 
 By the Court : 
 
 I had on my jacket,- pants, cap, and boots when I was taken prisoner. I took 
 the same clothing with me to Andersonville, except my jacket, which I sold at 
 Belle isle for a piece of bread. The regulators drew about two loaves of bread, 
 while the rest of us drew only half a loaf; and they drew enough meat to make six 
 or eight rations. They had what they called the temple of justice, where they 
 flogged men. There were about 700 hundred of them, I think. I think ihey 
 all drew that extra ration ; I am not certain, but I have seen them drawing it. 
 
 By the Judge Advocate : 
 That temple of justice was run by the regulators. They could have the 
 men punished just as they pleased, upon complaints made by them and evidence 
 given by them. I had no money when I went to Andersonville. 
 
 VACCINATIOPf. 
 
 I had seen some men who had been vaccinated at Belle island, and gangrene 
 had got into the wound and eaten the flesh off. I could not exactly say that I 
 saw these men at Belle island, but that was where a good many of them were 
 vaccinated. When I would see them I asked them and they would say that 
 they were vaccinated at Belle island. I did not see any myself vaccinated at 
 Andersonville; they might have been vaccinated every day. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I do not know anything about Captain Wirz, except that for the first month 
 or two he would come in and call the roll. Captain Wirz would curse and damn 
 men because they would sit down, or would not stand up long enough. Some 
 men would have to go off about their business, and if he was not there just at 
 the right time Captain Wirz would send him outside. I do not know ,what was 
 done with them, but some said they were put in the stocks or bucked and gag- 
 ged. That is all I know about Captain Wirz. I never saw Captain Wirz lay^, 
 hands upon any one. He used to have a pistol in his hand most of the time, / 
 and he would make the men stand in line. I cannot say that I ever saw him 
 make sick men stand up in line. 
 
 STOPPAGE OF RATIONS. 
 
 '* The squad that I belonged to got no rations on the 3d or 4th of July ; I know 
 that I did not. I don't know how the rest of the camp were off in regard to 
 rations on those days. I think some of them got it, but others did not. None 
 of the detachments right by me got any rations. Qnce before, in the month of 
 April or May, rations were stopped for one day on one side of the creek, while 
 the prisoners on the other side of the creek got the rations. I saw Captain 
 Wiiz the first time he called the roll. I think the rations were stopped once in 
 April, because the men broke ranks ; the men on one side staid in ranks, and 
 on the other side they did not. I saw he gave the men on one side their rations 
 and did not give any rations to the men on the other side. There were only 
 about ten thousand prisoners there then. 
 
 efforts of ladies to render assistance to the prisoners. 
 
 October 6, 1865. 
 Miss Mary Eawson, for the defence : 
 I reside on the plains of Dura, Georgia. I have been at Andersonville, I 
 
608 TEIAL OF HENRY WIEZ. 
 
 cannot say exactly how many times, while the Union prisoners were there. I 
 commenced going in January, 1865. I generally went about once every two 
 weeks. My object in going there was to feed a prisoner. 1 saw Captain Wirz 
 sometimes when I went there. I was there in the month of March, 1865. I 
 ''had on a brown dress. Captain Wirz never at any time refused or denied me 
 any privilege of taking things in to prisoners there. He was always agreeable, 
 and told me I could bring anything in to the prisoner I was going to see. I 
 had one particular prisoner I was going to see. When I first went there I 
 met Captain Wirz at the depot. I thought then he was a colonel. I asked 
 him if I could visit a prisoner who was sick. He told me I could. At that 
 time he gave a pass to one of the paroled men in the oflSce. I used to tie up a 
 bushel basket and leav,e it, and my prisoner said that that would Ikst liim two 
 weeks. After two weeks I would go again. The captain always recognized 
 me and asked me if I was going to see my prisoner. I would say " Yes," 
 and I would carry another basket up and leave it. He never refused me. 
 He generally treated my prisoner, as I called him, very courteously. He 
 gave him the only chair in the room, and I sat on the bench. I never heard of 
 ^Captain Wirz treating any other lady, who went there, in an unkind way. 
 
 Q. Tell the court about the ladies getting up something for the benefit of 
 prisoners there, if you know anything about it ? 
 
 A. That was before I was at Andersonville at all. 
 
 The Judge Advocate. Then you know nothing about it. 
 
 Witness. I shall not tell anything but what I do know. ^^ 
 
 The Judge Advocate. I understood you to say that it was before you went 
 to Andersonville. 
 
 Witness. Yes, to feed this prisoner. 
 
 Mr. Baker. I object to the judge advocate cross-examining my witness until 
 I get through. 
 
 The President. The judge advocate has a right to ask for information on 
 which to base his objection. 
 
 Mr. Baker. If he has a right to ask questions at every step of my examina- 
 tion, I need not go ou. I am perfectly willing that the judge advocate shall 
 examine the witness. 
 
 The President. Very well; if you are disposed to take your seat, do so. 
 If there is any more of this kind of by -play, I think the court will ask thejudge 
 advocate to examine your witnesses. 
 
 Mr. Baker. I am perfectly willing to let him examine this witness, because 
 that it is so little that I want to get out of her. 
 
 The President. Thejudge advocate will examine the witness. 
 
 The Judge Advocate. I have no questions to ask her. 
 
 The President. Let the lady stand aside. 
 
 Mr. Baker. I have a question to ask her. 
 
 The President. This is all very puerile and very babyish. 
 
 Mr. Baker. I am very indifferent about it. I have got the main facts out. 
 
 (By the Judge Advocate.) My charity was confined to one prisoner there. 
 His name was Peter Kean. He belonged to the I6th Iowa regiment. He we^s 
 a private soldier in the stockade. 
 
 the supply of lumber. 
 
 October 6, 1865. 
 
 Edward Richardson, recalled for the defence. 
 
 I live at Albany, Georgia ; 45 to 50 miles from Andersonville. I have been 
 at Andersonville a great many times, perhaps 15 or 20 times. 
 
 Q. Do you know anything about saw-mills around Andersonville, or on the 
 road from your place there ? 
 
TRIAL OF HENRY WIRZ. 609 
 
 A. There were three, I think, or say four. The fourth one was put up in 
 1863. They were sawing lumber for the government mostly In 1864. I tried 
 to get lumber for myself to put up a small building, and could not obtain it. 
 
 PRIVATE PROPKRTY TAKEN FEOM PRISONERS. 
 
 Inever saw Union prisoners being searched. I saw eight car-loads of prisoners 
 come in at one time. They were moved there from Alabama. They looked to 
 be very ragged and very dirty, and there were some sick among them. I never 
 saw .them searched, and never saw them after they left the railroad. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I was at Andersonville once every week or two. I never saw or heard of 
 Captain Wirz shooting or kicking or injuring any prisoner there, so that he 
 died. 
 
 Cross-examined by the Judge Advocate : 
 
 I did not do any business at Andersonville. I went there for pleasure. I 
 had some friends in Connecticut, and I wanted to see if there were any of them 
 among the prisoners. My observation was confined mainly to what I saw on 
 those occasions ; I used to go around with them through the stockade and into 
 the graveyard and dead-house. I staid there about two hours. I went there 
 sometimes every week. All I know about this case is what I have stated. 
 
 THE SUPPLY OF LUMBER. 
 
 By the Court : 
 The saw-mills I spoke of were between my house and Andersonville. There 
 were two or three off the road at some distance ; I think four or five miles 
 from the road. Not in the same direction, off the railroad. My house is south- 
 west from Andersonville. I know of saw-mills north of Andersonville. I know 
 I used to see them often when going through to Macon. There were no saw- 
 mills east of Andersonville that I know of., There were no saw-mills west of 
 Andersonville. 
 the disposition and conduct of captain' wirz towards the prisoners. 
 
 October 6, 1865. 
 
 Eev. E. B. Duncan, for the defence: 
 
 I have lived for the last few years in Florida. Previously to that time I lived 
 in Tennessee; I am a Tennesseean by birth. I am a minister ; a Methodist. I 
 have been preaching in Florida for the last two years to the confederate camps 
 in Florida ; I was a missionary. I have been iii northern Alabama during this 
 war, and also in the neighborhood of Fort Donelson. I had a circuit which 
 embraced Fort Donelson and Fort-Henry. I was at Andersonville, Georgia. 
 My object in going there was to preach to the Florida troops at Andersonville. 
 My mission was to the Florida army. I preached to the prisoners in the stock- 
 ade. My pass, I believe, dates the 31 st of July, 1864. I preached m the 
 morning to the Gamble artillery, from Tallahassee. I was to preach that eve- 
 ning at 4 o'clock in the stockade. I went to General Winder, who was then 
 in command, to get a pass, and he referred me to Captain Wirz. Captam Wirz 
 had gone home, which was about two miles off, they told me. Next mornmg, 
 the 1st day of August, at 10 o'clock, I called at Captain Wu-z's office ; I told 
 him that I wished permission to preach in the stockade. He granted me per- 
 H. Ex. Doc. 23 39 
 
610 TRIAL OF HENRY WIRZ. 
 
 mission, and gave me a pass to go in at will. He told me what would be the 
 best time to go in, and mentioned ,the roll-call, the sick-call, and the rations. 
 He told me it would suit me better'at that hour. I went in that morning and 
 preached to the prisoners. I took in a paper which I was permitted to take in, 
 a Macon paper, which had in it a piece respecting the exchange of prisoners. 
 I went in with a great deal of pleasantry and met a good many of them at the 
 gate. They had come out to sick-call. Said I, " Men, I have some good news 
 for you in this paper, and I have some better news to tell you after you hear 
 this." They said they would hear both. I told them I wished to preach to 
 them. I did so, and they stopped me every ten steps to have the piece read 
 respecting the exchange. I was very much broken down myself. My lungs were 
 weak and I called on several of the prisoners to read it. At last I got to the 
 middle of the stockade, where Captain Wirz told me it was most suitable to 
 preach. It was near the sutler's shanty, I think. They put me out a box, and 
 I told them that if they would gather around, I would preach as loud as I could. 
 They did so, a larger congregation than I could see. I could not see the extent 
 of my congregation. It rained upon me twice while I was preaching, hut no 
 man left. I had great liberty in preaching. I would say further that my pass 
 was given to go in at will ; and last February I preached again at the stockade 
 and in the hospital on my old pass. Captain Wirz's manner towards me at that 
 time was very gentlemanly. He gave me every assistance. I only spent a 
 moment in his office. He was a business man, and I was also of the same order. 
 
 CO.NDITION OF THE WATER. 
 
 I got water in the stockade. I drank some good water there ; as good as I 
 found in upper Georgia. I was very thirsty after preaching, and I mentioned 
 that I would like to get some water ; but calling to mind that the water might 
 not be good, I thought I would not drink until I got out. Some of the men 
 said they would get me some water, and they went out and got a bucket full of 
 very good water, at which I was very much astonished. It was an exceedingly 
 hot day, and I was very thirsty, and I thought it was the best water I bad met; 
 ~ so much better than I might have expected. 
 
 VACCINATION. 
 
 I heard something about the spurious vaccination in our army in Florida. 
 
 THE CHARGES OP MURDER AGAINST WIRZ. 
 
 I preached to the Union soldiers at Andersonville on the 1st day of August, 
 1864, and also in February, ISG."). I was there about a week each time. The 
 last time I was there it was very cold weather. I did not go into the stockade 
 until Saturday, which was the first warm day suitable for me to preach. I did 
 not circulate around much ; it was very cold weather. I was with our Florida 
 troops and preached to them every night. When I was there in August I cir- 
 culated all the time. While I was at Andersonville I did not know or hear of 
 Captain Wirz shooting, killing, kicking or otherwise injuring a prisoner ; I heard 
 jiothing on that score. 
 
 Cross-examined by Judge Advocate : 
 
 I was at Andersonville the first time about a week. I was not in and out at 
 headquarters ; I only went to headquarters one evening. I saw Captain Wirz 
 only once while I was there — when I went to get the pass to go into the stock- 
 ade. That was the 1st of August. He did not go in with me. 
 
 CONDITION of the WATER. 
 
 I got a drink of water while I was preaching ; I went into a shanty and sat 
 down and talked with the men. I do not know where the men ffot the water 
 
TRIAL OF HENRY WIEZ. fill 
 
 they gave me. They were not gone for it a great while. They brought it in a 
 bucket. I did not notice particularly what kind of a bucket. It looked clean 
 and there was a dipper in it. The men were very kind to me indeed. 
 
 Q. You say that at first you thought you would not ask for water ; why ? 
 
 A. I called to mind that I would not be likely to get good water there ; and 
 I thought I would wait till I got outside. I do not know how I was reminded 
 of that fact particularly. I had understood that there was a good .deal of suf- 
 fering there. I knew there was a good deal of suffering there. I did not know 
 anything about the water, but I judged from the general character of the place 
 that it might not be good. I thought I could not get as good water there as I 
 could outside. I did not expect to get as good water there as I might get out- 
 side. I saw the branch there, but I did not know anything about ,the water. 
 I was thirsty, but still I thought I preferred waiting for a drink till I got out. 
 They said they could bring me some water, and they went off and brought me 
 some. I do not pretend to know where tliey got it. 
 
 THE l)ISPOSIT[Oi\ AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS. 
 
 I did not introduce my sermon by teading a Macon paper. I did not read 
 the- paper. My lungs were weak, but I asked that some of the men who had! 
 strong lungs should read it. I mentioned that I had some news which I was. 
 permitted to read in the stockade. And the next important thing was the ques- 
 tion of religion. The object of my visit was to preach to them. My object im 
 going into the stockade was to preach to the prisoners. My mission to Ander- 
 sonville was to the Florida artillery, whom I had been preaching to in Florida. 
 I was not commissioned by the rebel government. I never was connected with, 
 the rebel service. I am a non-combatant. I was connected with the conference. 
 I was connected with the Methodist church south. My sympathies were witb 
 the rebellion. I was with the country — witb the South, with which I was then, 
 identified, although at the outset I thought that a secessionist ought to be hung- 
 as a traitor. But when my State, Tennessee, went out, when we were plunged 
 suddenly into revolution, I took position with my State. I was identified there; 
 but still I followed ray own calling as a minister, and still held my connection with 
 the Tennessee conference. 1 am a man of peace. I preached to souls everywhere 
 — to federals and confederates. I do not know that I ever suggested to my hearers, 
 south that treason was a crime. We generally preach the gospel down there. 
 I never thought that the gospel had anything to do with the question of gov- 
 ernment. On that question I am " subject to the powers that be." 
 
 Q. You regarded the " powers that be" in Tennessee as superior to the pow- 
 ers that be in the general government ? 
 
 The WiTNKSS. Is that question proper / , 
 
 The Judge Advocate. Yes, sir ; it is very proper. 
 
 The Witness. If you wish to have my record I can give it to you. 
 
 The Judge Advocate. You are at liberty to refuse to answer any questions 
 that might tend to show you committed the crime of treason. 
 
 The Witness. I stood identified with the southern people during that time. 
 Since that time I have been " subject to the powers that be," and I expect to be. 
 I think that should be a sufficient answer to the court. 
 
 Mr. Baker. We should not have so much irrelevant matter brought into the 
 case. It is clearly illegal and I object. 
 
 The Judge Advocate contended that he had a right to test the credibility 
 of the witness, and to impeach his character, by asking such questions. The 
 witness might decline to answer them on the principle that he is not bound to 
 disclose the fact' that he has committed a crime. 
 
 After deliberation, the objection was overruled. 
 
 The Witness. I never took the oath of allegiance to the rebel government. 
 
612 TRIAL OF HENRY WIRZ. 
 
 I was never connected with the army in any way, and never took an oath of 
 allegiance. I followed my calling. 
 
 Q. Were ministers required to take the oath of allegiance to the southern 
 confederacy ? 
 
 A. I never knew of anything of the sort. It was cold in Fehruary, 1865, 
 when I was at Andersonville. I said it was cold, and that I waited for the first 
 warm suitable day to go into the stockade to preach. It was because I was to 
 preach out of doors. There was no house for me to preach in. In the mean 
 time, however, I called to visit the federal hospital, and I told the prisoners 
 there that I would preach before I left. It was not suitable then to preach. I 
 preached in the morning at 10 o'clock in the stockade, and then I went round 
 to the hospital. I fouiid some of the convalescents playing ball, and I said to 
 them, " Men, I promised some of you that I was going to preach before I leave, 
 I am going off at 12 o'clock to-day, and I will preach now." I commenced 
 singing and then preached to them. They gathered around me and I had a very 
 attentive congregation. 
 
 Q. What day of the week did you arrive at Andersonville 1 
 
 A. I was at Macon on Saturday and went to Andersonville that night. On 
 Sunday I preached to Dyke's artillery. On Sunday night it was so excessively 
 cold that 1 could not preach in the camp. I remained there till the following 
 Saturday. In the mean time I went into the country and endeavored to interest 
 persons respecting the prison there. It occurred to me that prisoners were dying 
 daily in there, and I had a heart to visit them. I had a body to do it. I could 
 not do everything. I am known as a man of great energy. I waited for a good 
 day in order to have a good attendance. I do not feel culpable. Had I been 
 ^j^jntiguous to them I would have visited them all the time, as they begged me 
 ' to do. I wrote a letter to Captain Wirz since he has been a prisoner here. I 
 suggested that I might be valuable to him as a witness. I wrote at the sugges- 
 tion of some of the most intelligent and pious men in Macon. I had mentioned 
 the circumstance of my being treated kindly there. I had heard of the trial, 
 and they suggested that I should telegraph him. They said that he ought to 
 have a fair showing, or something of that sort, which I thought myself. If he 
 had murdered a man let him die for it, or if he had murdered a thousand men 
 [let him die a thousand deaths. I want to have justice done. I came on to visit 
 my mother and friends In Tennessee, and there I wrote the letter. 
 
 Q. Then yon came here only to submit those facts which you have presented 
 to the court 'I 
 
 A. That is all. The facts are that I had one interview with Captain Wirz, 
 and that he permitted me to go into the stockade. 
 
 Q. Were those the only facts you mentioned to your friends ? 
 f A. I gave a narration of my visit to Andersonville, and my kind reception 
 there. I told them that Captain Wirz had given me a pass to go in at pleasure. 
 r That is all I certified to them. 
 
 Q. And you came on to certify that here ? 
 
 A. I came on when I received your subpoena — in response to the subpoena. 
 I was not particularly anxious to come ; I am always on the side of any one 
 impugned, and I wish every man to have what is his due. 
 
 Q. And you thought that the experience you had of Captain Wirz one day 
 might serve to defend him against what he is charged with doing throughout a 
 year 1 
 
 A. No, sir; I thought that what I had to say might contribute a mite in the 
 scale. I did not know whether my expenses would be paid. When I received 
 your summons, as I am obedient to the powers that be, I came here. I do not 
 recollect that I said in the letter that I would come on if I was provided with 
 transportation. I may have done so. I know that my money is very scarce, 
 for it is very expensive travelling up the country. 
 
TEIAL OK HENRV WIRZ. H\3- 
 
 the supplies from the north. 
 
 October 7, 1865. 
 Captain 0. M. SELPi-t, re-called for the defence : 
 
 I have been at Richmond as captain in the inspector general's bureau for the 
 last four years. I had nothing to do with any goods sent to prisoners at Ander- 
 
 -sonville from the north, but I superintended the distribution of goods sent to 
 Richmond in the winter of 1863 and 1864. The distribution of the clothing sent 
 by the government and the sanitary commission was in charge of a committee 
 of federal officers ; they had entire charge of it. They inspected the prisoners, 
 selected those who needed clothing and distributed it to them. On one occa- 
 sion the committee came to pie and said that some of the goods were stolen. 
 I requested that a detective might be sent to them, which was done. The 
 detective found some goods similar to those sent by the United States govern- 
 ment, arrested the parties in whose charge they were and had them brought 
 before the mayor's court of the city of Richmond. 
 
 Q. Do you know about goods being sent south and anything about their 
 being broken open on the cars or in any other place ? 
 
 A. Yes ; I remember a parcel I had sent to Lieutenant Colonel Medill, I believe 
 of the United States army, at Columbia, South Carolina, who afterwards wrote 
 me a letter through the mail, stating that the box had been broken open and its 
 contents taken out before it reached its destination ; that the bo:l arrived there 
 seemingly intact, butthat the contents were wanting; ithadbeenopenedandnailed 
 up again. I do not know of any difficulty at- all in transporting goods south 
 in respect to their being broken open. They were frequently broken open. I 
 do not know what class of persons would generally do ir,. It did not come under 
 my observation. I knew something of the kind in relation to goods belonging 
 to our own army. Goods sent to soldiers of General Lee's army were broken 
 open ; I remember once receiving a communication from Gjneral Leo's chief of 
 staff on the subject. It was the general understanding that it was done to a con- 
 
 , siderable extent or very generally ; I do not know it of my own knowledge. 
 
 By the JuDOR Advocate : 
 I know nothing at all of the transit of sanitary stores to Andersonville ; I had 
 nothing whatever to do with it. 
 
 vaccination. 
 
 By Counsel : 
 The brigade to which, I was attached as assistant adjutant general at Vicks- 
 burg was vaccinated, and men who had the small-pox recovered and were on 
 duty before those who were vaccinated reported for duty. I never saw any of the 
 men; I only hadofficial reports, exceptin the case of General Taylor himself, whose 
 arm was niuch swollen, and there were sores all over his body. I know some- 
 thing as to the scarcity of vaccine matter in the confederacy; there was a great 
 scarcity of it even up to the month of February last. Even in Richmond I was 
 not able to get any vaccine matter for my own child until the month of March. 
 They had vaccine matter, but were afraid to use it ; it was not safe to trust it 
 
 Cross-examined by the Judge Advocate : 
 It was in the beginning of the year 1863, in January, that I knew of those 
 results from vaccination. I do not say it was spurious vaccine matter ; 1 do not 
 know that it was. Ii was vaccine matter that led to those results. I do not 
 describe its effects as worse than the small-pox. Those who had the small-pox 
 recovered and reported for duty before those who had been vaccinated were fit 
 
614 TRIAL OF HENRY WIRZ. 
 
 for duty. The physicians refused to vaccinate my child because the vaccine 
 matter that they had was impure. It was not generally understood that I know 
 of; I only know those particular facts, nothing else. That was not the gener- 
 ally understood condition the vaccine matter was in, to my knowledge ; I never 
 heard anything of it except on the two occasions I have mentioned . All I know 
 .about vaccination is from the observations that I made on those two occasions. 
 
 COUNSEL FOR THE ACCUSED ASK A FURTHER ADJOURNiME.NT OF THE COURT 
 TO ENABLE THE DEFENCE TO PREPAEE THEIR CASE. 
 
 Mr. Bakee. There are no other witnesses which I have fully ready to-day, 
 and as I have but four or five witnesses who have been hei-e any length of time, 
 I thought I would ask the indulgence of the court for an opportunity of exam- 
 ining them preliminarily. They will be important witnesses, and it will require 
 some time for me to sift their testimony so that I can present it to the court in 
 a condensed shape. I understand also that some three or four witnesses have come 
 in within the last 24 hours, but of course I do not know anything about them 
 until I have a chance to see them I have endeavored this week to sift all the 
 witnesses that have been here for any length of time and to discharge such as 
 were not very material, and to prepare the case in every way so that I could 
 properly ask for a little adjoui-nment without having too many witnesses here 
 on expenses. We have I'ow only eight or ten witnesses here that I know of, and 
 during the recess, if I can be permitted to have one, I shall try to ascertain if 
 there are any witnesses subpoenaed who will not be absolutely necessary, and 
 if so 1 will have telegrams sent to them not to report. In that way I think, after 
 a few days' adjournment, I can appear here with the defence prepared so that 
 after we again commence we can close the examination of our witnesses in a very 
 few days. 
 
 The President. What time do you think you will occupy ? 
 
 Mr. Baker. If the judge advocate does not take more time in his cross-exam- 
 ination than I do, I will close the defence, I think, in one week's' time after we 
 commence ; that is, close the examination of witnesses. If we stumble along as 
 we have had to do this week it will take us fully as long and perhaps longer, 
 and it will not b.e near as agreeable or satisfactory to the defence ; I ask, then, 
 as I have worked very hard this week to get along, that the court will indulge 
 me with a few days' adjom-nment, say three or four days. If they can adjourn 
 until next Thursday I will be prepared, an^ will ask no more indulgence from 
 the court, and I think that by that day week I can close the examination. 
 
 The Judge Advocate. 1 have nothing to say on this point; I deem it a 
 matter entirely within the discretion of the court, with which in this instance I 
 shall have nothing to do. 
 
 The President. The only object in granting this time to Mr. Baker will be 
 to shorten the proceedings of the court. 
 
 Mr. Baker. I think it will actually do that. 
 
 The Pre.sident. You probably know more about that than any one else. Can 
 you state the time in which you can conclude if such a recess be granted. 
 
 Mr. Baker. I say that if the judge advocate does not take longer time in his 
 cross-examination than I do in the examination in chief, I am satisfied that I can 
 close it in one week's time after we again commence. 
 
 The President. The court seems to be willing to give you till Wednesday 
 at 10 o'clock. 
 
 Mr. Bakeb. I wish they could give me another day ; I do not see howl can 
 get through otherwise ; that will only leave me two days. 
 
 The Preside.nt. Counting Sunday, three days. 
 
 Mr. Baker. I state to the court that I have other business which I must 
 attend to to-day and to-morrow. I have worked every Sunday since I have 
 
TRIAL OF HENKY WIEZ. 615 
 
 been in the case and would do so to-morrow, but I must do something else 
 to-morrow. If the court will give me till Thursday, I will ask no further indul- 
 gence of it. 
 
 The JcDGK Advocate. I will make a practical suggestion for the purpose of 
 indulging the counsel, and at the same time doing our duty to the government ; 
 it ia that the court adjourn till Thursday, and that after that, there being no hind- 
 rance on the part of the counsel in taking preliminary statements, we sit without 
 regard to hours. We can make up the time we now lose in a few days by sitting 
 even one hour longer a day. 
 
 A Member of the Court. Commencing at 9 o'clock and sitting till 3. 
 
 The Judge Advocate. Or by meeting at 10 and sitting till 4 or 5. The 
 court will have a rest during the preparation of the arguments, and in that 
 way we can make up for lost time and accommodate the gentleman ; I therefore 
 take the responsibility of assenting to what he proposes. 
 
 Mr. Baker. I am willing to sit here as many hours as you please. 
 
 ARGUMEMT UPON THE aUBSTION OF CALLING ROBERT K LEE, JAMES A. SED- 
 DON, ROBERT OULD, AND OTHERS AS WITNESSES FOR THE DEFENCE. 
 
 The Judge Advocate There is one other point which I desire to submit to 
 the court. During the progress of this trial I have sought to exercise as prop- 
 erly as 1 knew how the discretion placed in my hands by the court upon the 
 subject of subpoenaing witnesses. Some witnesses who may properly be termed 
 rebel functionaries have been subpoenaed by me inadvertently. I have signed 
 such subpoenas made out by my clerk, with great haste and without noticing 
 the fact. Others were subpoenaed by me deliberately, but upon further consider- 
 ation I deemed it my duty to revoke the subpoena. This .remark applies to a 
 certain class of witnesses which the court will understand; it embraces men who 
 have been leaders in the rebellion, such as General Lee, Mr. Seddon, Mr. Mallor'y, 
 Surgeon General Moore, Commissioner Uuld and others. My action in that 
 matter I have based upon what I believe to be the law, without consultation, 
 acting upon my own judgment and the discretion which I thought placed in my 
 hands. I desire now to submit to the court my reasons for so doing, that the 
 counsel may enter his protest or his reasons, if there are any, why the court 
 should take the matter out of my hands and direct me to do otherwise. 
 • I desire to' call the attention of the court to some decisions and opinions with 
 regard to certain propositions of law applicable to the question now submitted 
 as to the competency of certain classes of witnesses asked for by the counsel 
 or the accused. 
 
 I have no desire to exclude any evidence proper to be placed on record in 
 defence of the charges here laid, nor in any way to abbreviate or detract from 
 the evidence in that direction; but there are reasons good in law and fact for 
 excluding certain witnesses and a certain class of testimony, which I think 
 sufficient to justify the course of the government in this particular. 
 
 In 10th Johnson, page 95, it is decided "that a party in the same indictment 
 cannot be a witness for his co-defendant until he has been first acquitted or 
 convicted, whether they plead jointly or separately." 
 
 Again, Addison's reports, page 353, " If circumstances are proved from which 
 it is possible for the jury to presume facts amounting to guilt, a defendant in 
 an indictment cannot be a witness." 
 
 Again, in the case of the State vs. Alexander and others, 2d Rep. Con. Ct., 
 page 171, it was decided, "Where the evidence against one of the defendants 
 was not sufficient to convict him, the court refused to strike his name out of an 
 indictment for the purpose of making him a witness for others without the assent 
 of the Attorney General, though they might advise his acquittal.'" 
 
 In the text, 1st Starkie's Evidence, page 130,6th American edition, we find. 
 
616 TRIAL OF HENKY WIKZ 
 
 "Where the evidence is of such a nature that an acquittal would inure to the 
 benefit of either in a joint indictment, one is incompetent as a witness for another; 
 thus an accessory before or after the fact would be incompetent as a witness for 
 the principal, and a co-conspiratpr would be incompetent to discharge his asso- 
 ciates." 
 
 A distinction seems to be made between accomplices, accessories before or 
 after the fact, and co-conspirators ; the first named, viz., accomplices, are com- 
 petent witnesses for their associates, though they be severally indicted for the 
 same offence. (Starkie, 2d volujne, page 11, 6th American edition.) Thelast 
 named, to wit, accessories, and co-conspirators, as we have seen, are incompe- 
 tent. (Ibid, 1st volume, page 130.) But in 2d Hale, page 180, several cases 
 are cited, showing that the text in Starkie is not quite accurate, where it makes 
 accomplices competent, as his proposition is not true where the offence is joint. 
 Without arguing propositions so clearly stated as these, I think it is safe for 
 the court to conclude that : 
 
 1st. All principals in the first degree, that is, those who directly perpetrate 
 the act, are incompetent. 
 
 2d. Principals in the second degree, actually or constructively present, are 
 incompetent. 
 
 3d. Accessories, before or after the fact, whose conviction the evidence evolved 
 will warrant, or against whom sufficient circumstances point to guilt, are incom- 
 petent. 
 
 4th. All co-conspirators are incompetent, and. this is true in all these cases, 
 whether the parties be named or not in the indictment, so that the proof is suffi- 
 cient to connect them as above stated with the offences alleged.. Again, I assume 
 that there i^ not one of the prominent rebels whom the counsel asks to subpoena 
 as witnesses who will not be compelled to answer on his voir dire that he has 
 committed treason against the United States. His confession in open court, 
 according to the Constitution of our country, is equivalent to the testimony of 
 two witnesses ; he stands, therefore, convicted of the highest crime known to 
 our laws, and all that is wanting to render him infamous is a formal verdict. I 
 say, therefore, he is incompetent. 
 
 lAgain, this rebellion has been one gigantic act of treason, one common con- 
 spiracy to overthrow our government, l^ot a single rebel engaged in it, accord- 
 ing to the strict rules of law, is a competent witness for another on trial, charged 
 with treasonable offences; as he is an accessory before or after the fact, or a 
 Ico-eonspirator, or an accomplice, and therefore excluded. 
 
 ■I say, then, until they are purged by special pardons, by a general pardon or 
 by 'acquittal before a competent court, no one of them ought to be permitted to 
 testify for his associates. 
 
 Mr. Baker. I do not care about those witnesses now, as the case has gone 
 so far, and has taken such a turn. I suppose that the judge advocate includes 
 in his exception Governor Brown, of Georgia, General Howell Cobb, General 
 Robert E. Lee, General Johnston, General Iiliboden, Colonel Ould, and Dr. 
 ^oore. The testimony of these witnesses I expected to be to various points. 
 'For instance, it was testified to on the part of the prosecution that General Cobb 
 had made certain, not only treasonable, but criminal, almost diabolical state- 
 ments, in his speech, encouraging confederate soldiers to murder and kill our 
 men. That is the purport of it. I intended to contradict that by wituesses 
 whom we could put on the stand, as 1 conceived, according to the rules of law, 
 but I was overruled. I then had General Cobb subpoenaed for the purpose of 
 presenting him here, to say that no such statement was ever uttered. 
 
 Governor Brown I had subpoenaed on another point, as to supplies, a question 
 which was largely gone into by the prosecution. I desired to show by him 
 that he had to protect his own people in the State of Georgia from actual starva- 
 tion by taking the control of the railroads from the confederate array. 
 
TRIAL OF Henry wirz. 617 
 
 I intended to show by General Lee that he had to leave his command, and 
 exert his great influence among his people, privately as an individual, begging 
 thera to keep his soldiers from starvation. 
 
 I intended to show by General Johnston that his army could not be supplied, j 
 
 I understand that after having issued a subpoena for General Lee, it was 
 stopped in transitu. I understand also that the coming of General Oobb, Gov- 
 ernor Brown, and Dr. Moore, was countermanded. Colonel Ould was here in 
 attendance on the court for two weeks, but i^^as discharged in contravention of 
 my wishes, and even without my knowledge. He was sent from the court and 
 ordered not to be in attendance any longer. But I suppose that in this he was 
 acting under the sound and prudent promptings of the government, and I think 
 it right that I should submit to it. 
 
 Another witness for the defence was arrested in court, and taken to the Old 
 Capitol prison. He may or may not be a criminal, but I have always under- 
 stood that a person attending on a court is protected by the process that brings 
 him. I made a suggestion that I wished to examine this witness, (Duncan,) but 
 was informed by the judge advocate that he was a criminal, and had no right 
 to testify". That is a new doctrine to me — that because a man is charged with 
 a crime he cannot be examined as a witness; 
 
 And so now it comes to be solemnly argued in this court, and authorities 
 cited in support of it, that because persons have been charged with an offence, 
 or because persons have been conspicuous in the southern army or service, they 
 are to be prevented from testifying before a court of justice. 
 
 The whole argument of the judge advocate may be destroyed by his own '; 
 conduct. He has brought here those vfery criminals and put them on the stand. 
 I take some of those and add others to them, and wish to put them on the 
 stand, but I am told they. are what the law denominates "infamous," and can- 
 not be allowed to swear in a court of justice. It seems to me that it would take 
 higher authority than Johnson, although he was the best authority they had in 
 New York fifty years ago, to support that doctrine ; and he does not even pre- 
 tend to lay down any such doctrine. 
 
 The true doctrine is simply this : If a man is tried and solemnly convicted of 
 crime, then the law denominates him infamous, and his testimony is subject to 
 the restrictions which some States put on it. But there is no general law of 
 evidence that excludes even a man convicted of the worst offence from being 
 put on the stand ; for we find every day criminals taken out of the prisons of 
 New York and put on the stand to testify. Therefore the authorities cited do 
 not bear upon the point, and have nothing to do with the driving away from 
 this court, or the keeping from this court, the witnesses for the defence. 
 
 I shall ask this court that the witness, Duncan, be placed so that we can 
 have access to him to examine him as witness. I ask it because the law allows a 
 it, and for no other reason. As to the witnesses that have been sent away from 
 the court, I shall not ask to have them brought back. 
 
 The Judge Advocate. I wish it distinctly understood that my action is the 
 offspring of my own ideas, and that the government should not be held respon- 
 sible for it, because I have acted without the counsels of the government. Cer- 
 tain political questions involved in subpoenaing such persons as General Lee 
 would, suggest themselves to any mind. After it came to my knowledge that 
 those witnesses were to be brought here for purposes other than those indicated 
 by counsel, I acted on what I thought a wise discretion, and revoked the sub- 
 poenas to General Lee and others. In every case where I revoked subpoenas, 
 or declined to issue them, the evidence implicates the party as an accessory 
 either before or after the fact, a principal in the first or second degree, or a co- 
 conspirator. 
 
 With reference to the man Duncan, the evidence is before the court. He is 
 awaiting his trial on charges similar to those brought against the accused. , 
 
618 TRIAL OF HENRY WIRZ 
 
 These parties are all united, on a common charge, for a common offence ; and 
 there is not a law book in the world that would justify the calling some of the 
 offenders in a joint crime as witnesses for their fellows on a separate trial. But 
 the law does say that any of the parties may be called as witnesses against 
 their associates. That is a distinction which seems not to have entered the 
 mind of counsel for the prisoner. 
 
 This is briefly the argument, and these are the reasons for my action; and 
 I await the order of the court in respect to changing it. 
 
 Mr. Baker. Allow me to ask you how you put Colonel Chandler on the stand 
 as a witness for the government, and exclude Colonel Ould as a witness for the 
 defence ? 
 
 The Judge Advocate. Colonel Chandler, whether guilty or innocent, is a 
 competent witness against his associate in crime, even admitting that Colonel 
 Chandler is a criminal, which I do not suggest; Colonel Ould is connected 
 with those atrocities, or he will be connected with them before the conclusion of 
 the trial, and the court cannot allow him to testify for his associate. Colonel 
 Ould was in a position where the facts regarding the prison at Andersonville 
 must have come to his knowledge. He is not directly connected with them, 
 and might be introduced as a witness for the defence unless the objections made 
 to all that class of witnesses be held good. 
 
 Mr. Baker. Is there any rule of law which allows a witness to be put on the 
 stand on one side of a case and excludes him on the other side ? 
 
 The Judge Advocate. No such case has arisen here, and the question is 
 not before the court. 
 
 The President. In respect to Duncan, I do not see any objection to his 
 appearing as a witness for the prisoner; but Duncan is not in our custody, and 
 permission for his appearance must be procured from, the War Department. 
 
 Mr. Baker. The. doctrine that I held was that Duncan was in attendance on 
 a subpoena which made him — so to speak — the property of the court ; and the 
 court can give me a right to confer with him whenever I choose. 
 
 The President. Submit your application in writing, and I will refer it to 
 the proper authority. 
 
 After some further argument. 
 
 The President (addressing Mr. Baker) inquired whether he desired to insist 
 on the attendance of the witnesses referred to in the remarks of the judge advo- 
 cate. 
 
 Mr. Baker. Well, sir, under the circumstances, I believe I will not. 
 
 The President. Then there is nothing before the court requiring a decision 
 pn this point. 
 
 MEDICAL TESTIMONY. 
 
 dr. joseph jones's report, embracing desoriptio.v of the stockade, and 
 condition of the prisoners therein confined; condition of the hos- 
 pital, treatment of the sick, and statistical and other information 
 as to the diseases prevalent, and the causes thereof. 
 
 October 7, 1865. 
 Dr. Joseph Jones, for the prosecution : 
 
 By the Judse Advocate : 
 
 Q. Where do you reside ? 
 
 A. In Augusta, Georgia. 
 
 Q. Are you a graduate of any medical college ? 
 
 A. Of the University of Pennsylvania. 
 
 Q. How long have you been engaged in the practice of medicine 1 
 
 A. Eight' years. 
 
TRIAL OF HENEY WIKZ. 619 
 
 -Q. Has your experience been as a practitioner, or rather as an investigator of 
 medicine as a science ? 
 
 A. Both. 
 
 Q. What position do you hold now ? 
 
 A. That of medical chemist in the medical college of Georgia, at Augusta. 
 
 Q. How long have you held your position in that college 1 
 
 A. Since 1858. 
 
 Q. How were you employed during the rebellion ? 
 
 A. I served six months in the early part of it as a private in the ranks, and 
 the rest of the time in the medical department. 
 
 Q. Under the direction of whom ? 
 
 A. Under-the direction of Dr. Moore, surgeon general. 
 
 Q. Did you, while acting under his direction, visit Andersonville, profession- 
 ally? 
 
 A. Yes, sir. 
 
 Q. For the purpose of making investigations there ? 
 
 A. For the purpose of prosecuting investigations ordered by the surgeon general. 
 
 Q. You went there in obedience to a letter of instructions 1 
 
 A. In obedience to orders which I received. 
 
 Q. Did you reduce the results of your investigations to the shape of a report ? 
 
 A. I was engaged at that work when General Johnston surrendered his army. 
 
 (A document being handed to witness.) 
 
 Q. Have you examined this extract from your report and compared it with 
 the original 1 
 
 A. Yes, sir ; I have. 
 
 Q. Is it accurate ? 
 
 A. So far as my examination extended, it is accurate. The document just 
 examined by witness was offered in evidence, and is as follows : 
 
 Observations upon the diseases of the federal prisoners, confined in Camp Sum- \ 
 ter, Andersonville, in Sumter county, Georgia, instituted with a view to illus- 
 trate chiefly the origin and causes of hospital gangrene, the relations of con- 
 tinued and malarial fevers and the pathology of camp diarrhceaand dysentery, 
 by ^Joseph Jones, surgeon P. A. C. S., professor of medical chemistry in the 
 medical college of Georgia, at Augusta, Georgia. 
 
 Hearing of the unusual mortality among the federal prisoners confined at 
 Andersonville, Georgia, in the month of August, 1864, during a visit to Kich- 
 mond, Virginia, I expressed to the surgeon general, S. P. Moore, Confederate 
 States of America, a desire to visit Camp Sumter, with the design of instituting 
 a series of inquiries upon the nature and causes of the prevailing diseases. Small- 
 pox had appeared among the prisoners, and I believed that this would prove 
 an admirable field for the establishment of its characteristic lesions. Tlie con- 
 dition of Peyer's glands in this disease was considered as worthy of minute 
 investigation It was believed that a large body of men from the northern por- 
 tion of the United States, suddenly transported to a warm southern climate, and 
 confined upon a small portion of land, would furnish an excellent field for the ^ 
 investigation of the relations of typhus, typhoid, and malarial fevers. ^i 
 
 The surgeon general Confederate States of America furnished me with the 
 following letter of introduction to the surgeon in charge of the Confederate 
 States military prison at Andersonville, Georgia : 
 
 Confederate States of America, Surgeon Generat.'s Office, 
 
 Richmond, Virginia, August 6, 1864. — ^ 
 Sir : The field of pathological investigations afforded by the large collection of federal ! 
 prisoners in Georgia, is of great extent and importance, and it is believed that results of 
 value to the profession may be obtained by a careful investigation of the effects of disease 
 upon the large body of men subjected to a decided change of climate and the circumstances 
 peculiar to prison life. The surgeon in charge of the hospital for federal prisoners, together 
 
G20 TEIAL OF HENRY WIKZ. 
 
 with his assistants, will afford every facility o Surgeon Joseph Jones, in the prosecution ot 
 the labors ordered by the surgeon general. Effieieiit assistance must be rendered Surgeon 
 Jones by the medical officers, not only in his examinations into the causes and symptoms di 
 the various diseases, but especially in the arduous labors of post mortem examinations. 
 
 The medical officers will assist in the performance of such post mortemsas Surgeon Jones 
 may indicate, in order that this great field for pathological investigation may be explored for 
 the benefit of the medical department of the confederate army." 
 
 S. P. MOORE, Surgeon GmeraX. 
 
 Surgeon Isaiah H. White, 
 
 Incliar^e of hospital for federal prisoners^ Andersonville, Georf^ia. 
 
 In compliance witli this letter of the surgeon general, Isaiah H. White, chief 
 surgeon of the post, and R. R. Stevenson, surgeon in charge of the prison hos- 
 pital, afforded the necessary facilities for the prosecution of my investigations 
 among the sick outside of the stockade. After the completion of my labors in 
 the military prison hospital, the following communication was addressed to Brig- 
 adier General John H. Winder, in eonsec[uence of the refusal on the part of 
 the commandant of the interior of the Confederate States military prison to 
 admit me within the stockade upon the order of the surgeon general : 
 
 Camp Sumter, 
 AndersonrilU, Georgia, September 16, 1864. 
 General : I respectfully request the commandant of the post of Andersonville to grant 
 me permission and to furnish the necessary pass to visit the sick and medical officers within 
 the stockade of the Confederate States prison. I desire to institute certain inquiries ordered 
 by the surgeon general. Surgeon Isaiah H. White, chief surgeon of the post, and Surgeon 
 R. R. Stevenson in charge of the prison hospital, have afforded mo every facility for the pros- 
 ecution of my labors among the sick outside of the stockade. 
 Very respectfully, your obedient servant. 
 
 JOSEPH JOXES, Surgeon P. S. C. S. 
 Brigadier General John H. Windkr, 
 
 Commandant, Post A ndtrsonville. 
 
 In the absence of General Winder from the post. Captain Winder furnished 
 the following order : 
 
 Camp Sumtek, 
 Andersonville, September 17, 1864. 
 Captain : You will permit Surgeon Joseph Jones, who has orders from the surgeon gene- 
 ral, to visit the sick within the stockade that are under medical treatment. Surgeon Jones 
 is ordered to make certain investigations which may prove useful to his profession. 
 By direction of General Winder : 
 Very respectfully, 
 
 W. S. WINDER, A. A. G. 
 Captain H. WiRZ, Commanding Prison. 
 
 Description of the Covfederate Slates military j^^'ison hospital at Andersonville. 
 Number of prisoners, physical condition, food, clothing, habits, moral condi- 
 tion, diseases. 
 
 The confederate military prison at Andersonville, Georgia, consists of a strong 
 stockade, 20 feet in height, enclosing 27 acres. The stockade is formed of strong 
 pine logs, firmly planted in the ground. The main stockade is surrounded by 
 two other similar rows of pine logs, the middle stockade being 16 feet high, and 
 the outer 12 feet. These are intended for offence and defence. If the inner 
 stockade should at any time be forced by the prisoners, the second forms an- 
 other lino of defence ; while in case of an attempt to deliver the prisoners by a 
 force operating upon the exterior, the outer line forms an admirable protection to 
 the confederate troops, and a most formidable obstacle to cavalry or infantry. 
 The four angles of the outer line are strengthened by earthworks upon com- 
 manding eminences, from which the cannon, in case of an outbreak among the 
 prisoners, may sweep the entire enclosure ; and it was designed to connect these 
 works by a line of rifle pits,' running zig-zag, around the outer stockade; those 
 rifle pits have never been completed. The ground enclosed by the innermost 
 
TRIAL OF HENRY WIRZ. 
 
 621 
 
 stockade lies in the form of a parallelogram, the larger diameter running almost 
 due north and south. This space includes the northern and southern opposing 
 sides of two hills, between which a stream of water runs from west to east. The 
 surface soil of these hills is composed chiefly of sand with varying admixtures 
 of clay and oxide of iron. The clay is sufficiently tenacious to give a consider- 
 able degree of consistency to the soil. The internal structure of the hills, as 
 revealed by the deep wells, is similar to that already described. The alternate 
 layers of clay and sand. Els well as the oxide of iron, which forms in its various 
 combinations a cement to the sand, all&w of extensive tunnelling. The prison- 
 ers not only constructed numerous dirt huts with balls of clay and sand, taken 
 from the wells which they have excavated all over those hills, but they have 
 also, in some cases, tunnelled extensively from these wells. The lower portions 
 of these hills, bordering on the stream, are wet and boggy from the constant 
 oozing of water. The stockade was built originally to accommodate only 10,000 
 prisoners, and included at first 17 acres Near the close of the month of June, 
 the area was enlarged by the addition of 10 acres. The ground added was 
 situated on the northern slope of the largest hill. 
 
 The following table presents a view of the density of the population of the 
 prison, at different periods : 
 
 Table illustrati-ng the inean number of prisoners confined in the Confederate 
 t^tates military prison at Andersonoille, Georgia, from its organization, Feb- 
 ruary 24, 1864, to September, 1864, and the average number of square feet 
 of ground to each prisoner: 
 
 Moath and year. 
 
 o 
 
 g<2 
 
 .9 
 © 
 
 » a 
 
 o a< 
 
 < 
 
 Average number of 
 
 square feet allowed 
 
 to each prisoner. 
 
 ITarch 1 fifi4 
 
 7,500 
 10, 000 
 15, 000 
 22,291 
 29, 030 
 32, 899 
 
 740, 520 
 740, 520 
 740, 520 
 740, 520 
 1,176,120 
 1,176,120 
 
 98.7 
 
 A mil 1864 
 
 74 
 
 Mav •! Pfi4 
 
 49.3 
 
 .Iiine 1864 
 
 33.2 
 
 Tiilv Iftfii - 
 
 40.5 
 
 AllD-lT^f lflfi4 
 
 35.7 
 
 
 
 Within the circumscribed area of the stockade the federal prisoners were com- 
 pelled to perform all the offices of life — cooking, washing, urinating, defecation, 
 exercise, and sleeping. During the month of March the prison was less crowded 
 than at any subsequent time, and then the average space of ground to each pris- 
 oner was only 98.7 feet, or less than seven square yards. The federal prisoners 
 -were gathered from all parts of the Confederate States east of the Mississippi, 
 :and crowded into the confined space, until in the month of June the average num- 
 *er of square feet of ground to each prisoner was only 33.2, or less than four square 
 yards. These figures represent the condition of the stockade in a better light everJ 
 than it really was"; for a considerable breadth of land along the stream, flowing from 
 west to east, between the hills, was low and boggy, and was covered with the 
 •excrement of the men, and thus rendered wholly uninhabitable, and in fact use- 
 less for every purpose except that of defecation. The pines and other small 
 trees and shrubs, which originally were scattered sparsely over these hills, were 
 In a short time cut down and consumed by the prisoners for firewood, and no 
 shade tree was left in the entire enclosure of the stockade. With their charac- 
 teristic industry and ingenuity, the federals constructed for themselves small 
 'iiufs and caves, and attempted to shield themselves from the rain and sun and 
 
622 TRIAL OF HENRY WIRZ. 
 
 night damps and dew. But few tents were distributed to the prisoners, and 
 those were in most cases torn and rotten. In the location and arrangement of 
 these tents and huts no order appears to have been followed ; in fact, regular 
 streets appeared to be out of the question in so crowded an area ; especially, too, 
 as large bodies of prisoners were from time to time added suddenly without any 
 previous preparations. The irregular arrangement of the huts and imperfect 
 shelters was very unfavorable for the maintenance of a proper system of police. 
 The police and internal economy of the prison was left almost entirely in the 
 hands of the prisoners themselves; the duties of the confederate soldiers acting 
 as guards being limited to the occupation of the boxes or lookouts ranged around 
 the stockade at regular intervals, and to the manning of the batteries at the 
 angles of the prison. Even judicial matters pertaining to themselves, as the 
 detection and punishment of such crimes as theft and murder, appear to have 
 been in a great measure abandoned to the prisoners. A striking instance of this 
 occurred in the month of July, when the federal prisoners within the stockade 
 tried, condemned, and hanged six (6) of their own number, who had been con- 
 victed of stealing and of robbing and murdering their fellow-prisoners. They 
 were all hung upon the same day, and thousands of the prisoners gathered around 
 to witness the execution. The confederate authorities are said not to have 
 interfered with these proceedings. In this collection of men from all parts of the 
 world, every phase of human character was represented ; the stronger preyed upon 
 the weaker, and even the sick who were unable to defend themselves were robbed 
 of their scanty supplies of food and clothing. Dark stories were afloat, of men, 
 both sick and well, who were murdered at night, strangled to death by their 
 comrades for scant supplies of clothing or money. I heard a sick and wounded 
 federal prisoner accuse his nurse, a fellow-prisoner of the United States army, 
 of having stealthily, during his sleep, inoculated his wounded arm with gangrene, 
 that he might destroy his life and fall heir to his clothing. 
 
 #** * * ##** 
 
 The large number of men confined within the stockade soon, under a defective 
 system of police, and with imperfect arrangements, covered the surface of the low 
 gi'ounds with excrements. The sinks over the lower portions of the stream were 
 imperfect in their plan and structure, and the excrements were in large measure 
 deposited so near the borders of the stream as not to be washed away, or else 
 accumulated upon the low boggy ground. The volume of water was not suf- 
 ficient to wash away the feces, and they accumulated in such quan'ities in the 
 lower portion of the stream as to form a mass of liquid excrement. Heavy rains 
 caused the water of the stream to rise, and as the arrangements for the passage of 
 the increased amounts of water out of the stockade were insufficient, the liquid 
 feces overflowed the low grounds and covered them several inches, after the 
 subsidence of the waters. The action of , the sun upon this putrefying mass of 
 excrements and fragments of bread and meat and bones excited most rapid 
 fermentation and developed a horrible stench. Improvements were projected 
 for the removal of the filth and for the prevention of its accumulation, but they 
 were only partially and imperfectly carried out. As the forces of the prisoners 
 were reduced by confinement, want of exercise, improper diet, and by scurvy, 
 diarrhoea, and dysentery, they were unable to' evacuate their bowels within the 
 stream or along its banks, and the excrements were deposited at the very doors 
 of their tents. The vast majority appeared to lose all repulsion to filth, and 
 both sick and well disregarded all the laws of hygiene and personal cleanliness. 
 The accommodations for the sick were imperfect and insufficient. From the 
 organization of the prison, Februarj' 24, 1864, to May 22, the sick were treated 
 within the stockade. In the crowded condition of the stockade, and with the 
 tents and huts clustered thickly around the hospital, it was impossible to secure 
 proper ventilation or to maintain the necessary police. The federal prisoners 
 also made frequent forays upon .the hospital stores and carried off the food sni 
 clothing of the sick. The ho snital was, on the 22d of May, removed .to its 
 
TRIAL OF HENRY WIRZ. 623 
 
 present site without the stockade, and five acres of ground covered with oaks 
 and pines appropriated to the use of the sick. 
 
 The supply of medical officers has been insufficient from the foundation of the 
 prison. 
 
 The nurses and attendants upon the sick have been most generally federal 
 prisoners, who in too many cases appear to have been devoid of moral principle, 
 and who not only neglected their duties, but were also engaged in extensive 
 robbing of the sick. 
 
 From the want of proper police and hygienic regulations alone it is not won- 
 derful that from February 24 to September 21, 1864, 9,479 deaths, nearly one- 
 third the entire number of prisoners, should have been recorded. I found the 
 stockade and hospital in the following condition during my pathological investi- 
 gations, instituted in the month of September, 1864: 
 
 STOCKADE, CONFEDERATE STATES MILITARY PRISON. 
 
 At the time of my visit to Andersonville a large number of federal prisoners 
 had been removed to Millen, Savannah, Charleston, and other parts of the con- 
 federacy, in anticipation of an advance of General Sherman's forces from Atlanta, 
 with the design of liberating their captive brethren ; however, about 15,000 pris- 
 oners remained confined within the limits of the stockade and Confederate 
 States military prison hospital. 
 
 In the stockade, with the exception of the damp lowlands bordering the small 
 stream, the surface was covered with huts, and small ragged tents and parts of 
 blankets and fragments of oilcloth, coats, and blankets stretched upon sticks. 
 The tents and huts were not arranged according to any order, and there was in 
 most parts of the enclosure scarcely room for two men to walk abreast between 
 the tents and huts. I observed men urinating and evacuating their bowels at 
 the very tent doors and around the little vessels in which they were cooking 
 their food. Small pits, not more than a foot or two deep, nearly filled with soft 
 oifensive feces, were everywhere seen, and emitted under the hot sun a strong 
 and disgusting odor. Masses of corn-bread, bones, old rags, and filth of every 
 description were scattered around or accumulated in large piles. 
 
 If one might judge from the large pieces of corn-bread scattered about in every 
 direction on the ground the prisoners were either very lavishly supplied with 
 this article of diet, or else this kind of food was not relished by them. 
 
 Each day the dead from the stockade were carried out by their fellow-prisoners 
 and deposited upon the ground under a bush arbor, just outside of the south- 
 western gate. From thence they were carried in carts to the burying ground, 
 one-quarter of a mile northwest of the prison. The dead were buried without cof- 
 fins, side by side, in trenches four feet deep. 
 
 The low grounds bordering the stream were covered with human excrements 
 and filth of all kinds, which in many places appeared to be alive with working 
 maggots. An indescribable sickening stench arose from these fermenting masses 
 of human dung and filth. , 
 
 There were near 5,000 seriously ill federals in the stockade and Confederate 
 States military prison hospital, and the deaths exceeded one hundred per day, and 
 large numbers of the prisoners who were walking about, and who had not been 
 entered upon the sick reports, were sufifering from severe and incurable diarrhoea, 
 dysentery, and scurvy. The sick were attended almost entirely by their fellow- 
 prisoners, appointed as nurses, and as they received but little attention, they 
 were compelled to exert themselves at all times to attend to the calls of nature, 
 and hence they retained the power of moving about to within a comparatively 
 short period of the close of life. Owing to the slow progress of the diseases 
 most prevalent, diarrhoea and chronic dysentery, the corpses were as a general 
 rule emaciated. 
 
 I visited two thousand sick within the stockade, lying under some long sheds 
 which had been built at the northern portion for themselves. At this time only 
 
624 
 
 TKIAL OF HENRY WIEZ 
 
 one medical officer was in attendance, whereas at least 20 medical oflScera should 
 have been employed. 
 
 I found no record of the sick in the stockade previous to September 14, 1864. 
 It appears that previous to this date no record was preserved of the diseases 
 treated within the stockade ; and the following includes all the medical statis- 
 tics which I was able to collect within the prison walls proper. 
 
 Morning reports of Acting Assistant Surgeon F. J. Wells, in charge of federal 
 sick and wounded in stockade. 
 
 Date. 
 
 o 
 
 
 ■ 
 
 "3 
 
 
 5 
 
 'S. 
 
 s 
 
 .a 
 
 
 
 
 be 
 
 S 
 
 '2 
 ■5 
 S 
 
 Or 
 
 .a 
 
 y 
 *« 
 
 a 
 
 % 
 
 -3 
 ■a 
 
 'efi 
 
 
 
 1 
 5 
 
 
 
 a 
 m 
 
 
 
 be 
 
 .9 ' 
 *s 
 
 I: 
 
 1864. 
 
 
 
 
 
 
 
 
 
 
 936 
 
 8S8 
 
 1,231 
 
 1,159 
 
 64 
 
 515 
 
 13 
 
 88 
 
 1,000 
 1,403 
 1,244 
 1,247 
 
 
 
 76 
 114 
 
 16 
 109 
 
 36 
 58 
 70 
 36 
 
 868 
 
 
 
 
 1 231 
 
 September 16 
 
 
 
 l'l5& 
 
 
 
 ■ 
 
 1 102 
 
 September 18 
 
 1,102 
 1,955 
 1,881 
 
 906 
 
 2,008 
 1,955 
 1,881 
 
 
 
 3 
 32 
 63 
 
 50 
 42 
 44 
 
 1,955 
 1,881 
 1 774 
 
 September 19 
 
 
 
 September 20 
 
 
 
 
 
 
 
 If this table be compared with the following one, from the Confederate States 
 military prison hospital, during the same period, we will see that the number of 
 deaths wag as great in the stockade as in the hospital ; notwithstanding the 
 disparity in the number of medical officers of attendance upon the sick in both 
 instances, being 346 in the former and 344 in the latter. 'i 
 
 Consolidated morning reports of Surgeon R. R. Stevenson, in charge of Cotifed'- 
 erate States military prison hospital, Andersonville, Sept. 14 — 20, 1864. 
 
 Date. 
 
 "3 
 
 .a S 
 
 a. 
 
 a £ 
 
 1=1 
 
 a 
 
 1 
 
 "S 
 
 a 
 
 o 
 
 B 
 
 1 
 
 CO 
 
 1 
 1 
 
 i 
 
 1 
 1 
 
 5 
 ■&, 
 o 
 
 a 
 
 o 
 _o ■ 
 
 2 
 
 1 
 
 "^3 
 
 a) 
 
 p 
 
 ^5 ' 
 
 s 
 
 B 
 1 
 
 a; 
 
 s 
 
 1 
 §, 
 _a 
 S) 
 
 .S 
 
 ■i 
 .1 
 
 a 
 
 li 
 
 a fr 
 
 •3& 
 .2 2 
 « 
 
 1 
 
 i 
 
 a> 
 
 s 
 
 1 
 
 1 
 
 Ml 
 
 a 
 
 "'"Si 
 
 Si a: 
 
 .|£ 
 , ,s 
 
 18C4. 
 
 September 14 
 
 September 15 
 
 1,609 
 1,598 
 1,651 
 1,617 
 1,690 
 1,635 
 1,611 
 
 76 
 114 
 
 16 
 
 109 
 
 3 
 
 32 
 
 63 
 
 "i 
 .... 
 
 p. 
 
 1,685 
 1,712 
 1,667 
 1,730 
 1,693 
 1,668 
 1,676 
 
 1 
 
 14 
 
 1 
 
 
 49 
 
 37 
 47 
 49 
 40 
 58 
 55 
 48 
 
 1,598 
 1,651 
 1,617 
 1,690 
 1,635 
 1,611 
 1,628 
 
 3 
 3 
 3 
 3 
 3 
 3 
 3 
 
 
 8 
 8 
 8 
 8, 
 9 
 9 
 9 
 
 22 
 22 
 
 September 16 
 
 
 
 22 
 
 September 17 
 
 
 
 82 
 
 September 18 
 
 
 
 
 23 
 
 September 19 
 
 September 20 
 
 
 2 
 
 .... 
 
 23 
 23 
 
 
 ' 
 
 
 
 
 
 
TRIAL OF HENEY WIRZ. 625 
 
 Died in the stockade, from its organization, February 24, 1864 to Sep- 
 tember 21 3, 254 
 
 Died in hospital during same time 6, 22.'> 
 
 Total deaths in hospital and stockade 9, 479 
 
 Scurvy, diarrhoja, dysentery, and hospital gangrene were the prevailing 
 diseases. I was surprised to find but few cases of malarial fever, and no well- 
 marked cases either of typhus or typhoid fever. The absence of the different 
 forms of malarial fever may be accounted for in the supposition that the artificial 
 atmosphere of the stockade, crowded densely with human beings and loaded 
 with animal exhalations, was unfavorable to the existence and action of the 
 malarial poison. The absence of typhoid and typhus fevers amongst all the 
 causes which are supposed to generate these diseases, appeared to be due to 
 the fact that the great majority of these prisoners had been in captivity in Vir- 
 ginia, at Belle island, and in other parts of the confederacy for months, and even 
 as long as two years, and during this time they had been subjected to the same 
 bad influences, and those who had not had these fevers before either had them 
 during their confinement in confederate prisons or else their systems, from long 
 exposure, were proof against their action. 
 
 The effects of scurvy were manifested on every hand, and in all its various 
 stages, from the muddy, pale complexion, pale gums, feeble, languid muscular 
 motions, lowness of spirits, and foetid breath, to the dusky, dirty, leaden com- 
 plexion, swollen features, spongy, purple, livid, fungoid, bleeding gums, loose 
 teeth, oederaatons limbs covered with livid vibices, and petechise, spasmodically 
 flexed, painful and hardened extremities, spontaneous hemorrhages from mucous 
 canals, and large ill-conditioned spreading ulcers covered with a dark purplish 
 fungus growth. I observed that in some of the cases of scurvy the parotid 
 glands were greatly swollen, and in some instances to such an extent as to 
 .preclude entirely the power to articulate. In several cases of dropsy of the 
 abdomen and lower extremities, supervening upon scurvy, the patients affirmed 
 that previously to the appearance of the dropsy they had suffered with profuse 
 and'obstinate diarrhoea, and that when this was checked by a change of diet, 
 from Indian corn bread baked with the husk, to boiled rice, the dropsy appeared. 
 The severe pains and livid patches were frequently associated with swellings 
 in various parts.xand especially in the lower extremities, accompanied with stiffness 
 and contractions of the knee joints and ankles, and often with a brawny feel of the 
 parts, as if lymph had been effused between the integuments and aponeuroses, 
 preventing the motion of the skin over the swollen parts. Many of the prisoners 
 beHeved that the scurvy was contagious, and I saw men guarding their wells 
 and springs, fearing lest some man suffering with the scurvy might use the water 
 and thus poison them. I observed also numerous cases of hospital gangrene 
 and of spreading scorbutic ulcers, which had supervened upon slight injuries. 
 The scorbutic ulcers presented a dark, purple fungoid, elevated surface, with 
 livid swollen edges, and exuded a thin, foetid, sanious fluid instead of pus. 
 Many ulcers which originated from the scorbutic condition of the system appeared 
 to become truly gangrenous, assuming all the characteristics of hospital gangrene. 
 From the crowded condition, filthy habits, bad diet, and dejected, depressed 
 ■condition of the prisoners, their systems had become so disordered that the 
 ■smallest abrason of the skin from the rubbing of a shoe, or from the effects of 
 the sun, or from the prick of a splinter, or from scratching, or a mosquito bite, 
 in some cases, took on rapid and frightful ulceration and gangrene. The long 
 use of salt meat, ofttimes imperfectly cured, as well as the, almost total depri 
 vation of vegetables and fruit, appeared to be the chief causes of the scurvy. 
 I carefully examined the bakery and the bread furnished the prisoners, and found 
 H 
 
626 TRIAL OF HENRY WIRZ. 
 
 that they were supplied almost entu-ely with corn-bread from which the husk 
 had not been separated. This husk acted as an irritant to the alimentary canal, 
 without adding any nutriment to the bread. As far as my examination extended 
 no fault could be found with the mode in which the bread was baked ; the 
 difficulty lay in the failure to separate the husk from the corn-meal. I strongly 
 urged the preparation of large quantities of soup made from the cow and calves 
 heads with the brains and tongues, to which a liberal supply of sweet potatoes 
 and vegetables might have been advantageously added. The materials existed 
 in abundance for the preparation of such soup in large quantities with but little 
 additional expense. Such aliment would have been not only highly nutritious, 
 but it, would also have acted as an efficient remedial agent for the removal of 
 the scorbutic condition. The sick within the stockade lay under several long 
 sheds which were originally built for barracks. These sheds covered two floors 
 which were open on all sides. The sick lay upon the bare boards, or upon such- 
 ragged blankets as they possessed, without, as far as I observed, any bedding 
 or even straw. Pits for the reception of feces were dug withia a few feet of 
 the lower floor, and they were almost never unoccupied by those suffering with 
 diarrhoea. The haggard, distressed countenances of these miserable, complaining, 
 dejected, living skeletons, crying for medical aid and food, and cursing their 
 government for its refusal to exchange prisoners, and the ghastly corpses, with 
 their glazed eye balls staring up into vacant space, with the flies swarming 
 down their open and grinning mouths, and over their ragged clothes, infested 
 with numerous lice, as they lay amongst the sick and dying, formed a picture of 
 helpless, hopeless misery which it would be impossible to portray by words or 
 by the brush. A feeling "of disappointment and even resentment on account of 
 the United States government upon the subject of the exchange of prisonerB, 
 appeared to be widespread, and the apparent hopeless nature of the negotiations 
 for some general exchange of prisoners appeared to be a cause of universal regret 
 and deep and injurious despondency. I heard some of the prisoners go so far 
 as to exonerate the confederate government from any charge of intentionally 
 subjecting them to a protracted confinement, with its necessary and unavoidably,' 
 sufferings, in a country cut off from all intercourse with foreign nations, and 
 sorely pressed on all sides, whilst on the other hand they charged their pro- 
 longed captivity upon their own government, which was attempting to make the 
 negro equal to the white man. Some hundred or more of the prisoners had 
 been released from confinement in the stockade on parole, and filled various 
 offices as clerks, druggists, and carpenters, &c., in the various departments. 
 These men were well clothed, and presented a stout and healthy appearance, 
 and as a general rule they presented a much more robust and healthy appearance 
 than the confederate troops guarding the prisoners. 
 
 The entire grounds are surrounded by a frail board fence, and are striclily 
 guarded by confederate soldiers, and no prisoner except the paroled attendants 
 is allowed to leave the grounds except by a special permit from the commandant 
 of the interior of the prison. 
 
 The patients and attendants, near two thousand in number, are crowded into 
 this confined space and are but poorly supplied with old and ragged' tents. 
 Large numbers of them were without any bunks in the tents, and lay upon the; 
 ground, ofttimes without even a blanket. No beds or straw appeared to have 
 been furnished. The tents extend to within a few yards of the small stream, the 
 eastern portion of which, as we have before said, is used as a privy and is loaded 
 with excrements ; and I observed a large pile of corn bread, bones, and filth of 
 all kinds, thirty feet in diameter and several feet in height, swarming with 
 myriads of flies, in a vacant space near the pots used for cooking. Millions 
 of flies swarmed over everything and covered the faces of the sleeping patients,, 
 and crawled down their open mouths, and deposited their maggots in the 
 
TRIAL OF HENRY WIRZ. 627 
 
 gangrenous wounds of the living, and in the mouths of the dead. Mosquitoes 
 in great numbers also infested the tents, and many of the patients wei'e so stung 
 by these pestiferous insects, that they resembled those suffering with a slight 
 attack of the measles. 
 
 The police and hygiene of the hospital was defective in the extreme ; the 
 attendants, who appeared in almost every instance to have been selected from 
 the prisoners, seemed to have in many cases but little interest in the welfare of 
 their fellow-captives. The accusation was made that the nurses in many cases 
 robbed thflsick of their clothing, money, and rations, and carried on a clandestine 
 trade with the paroled prisoners and confederate guards without the hospital 
 enclosure, in the clothing and effects of the sick, dying, and dead federals. 
 They certainly appeared to neglect the comfort and cleanliness of the sick in- 
 trusted to their care in a most shameful manner, even after making due allowances 
 for the difficulties of the situation. Many of the sick were literally encrusted 
 with dirt and filth and covered with vermin. When a gangrenous wound needed 
 washing,'the limb was thrust out alittle from the blanket, or board, or rags upon 
 which thepatient was Ij^ng, and water poured over it, and all the putrescent 
 matter allowed to soak into the ground floor of the tent. The supply of rags for 
 dressing wounds was said to be very scant, and I saw the most filthy rags which 
 had been applied several times, and imperfectly washed, used in dressing recent 
 wounds. Where hospital gangrene was prevailing, it was impossible for any 
 wound to escape contagion under these circumstances. The results of the treat- 
 ment of wounds in the hospital were of the most unsatisfactoiy character, from 
 this neglect of cleanliness, in the dressings and wounds themselves, as well as 
 from various other causes which will be more fully considered. I saw several 
 gangrenous wounds filled with maggots. I have frequently seen neglected 
 wbunds amongst the confederate soldiers similarly affected ; and as far as my 
 experience extends, these worms destroy only the dead tissues and do not injure 
 specially the well parts. I have even heard surgeons affirm that a gangrenous 
 wound which had been thoroughly cleansed by maggots, healed more rapidly 
 than if it had been left to itself. This want of cleanliness on the part of the 
 nurses appeared to be the result of carelessness and inattention, rather than of 
 malignant design, and the whole trouble can be traced to the want of the proper 
 police and sanitary regulations, and to the absence of intelligent organization 
 and division of labor. The abuses were in a large measure due to the almost 
 total absence of system, government, and rigid, but wholesome sanitary regula- 
 tions. In extenuation of these abuses it was alleged by the medical officers- that 
 the confederate troops were barely sufficient to guard the prisoners, and that it 
 was impossible to obtain any number of experienced nurses frorn the confederate 
 forces. In fact the guard appeared to be too small, even for the regulation of 
 the internal hygiene and police of the hospital. 
 
 "'The manner of disposing of the dead was also calculated to depress the 
 already desponding spirits of these men, many of whom have been confined for 
 months, and even for near two years in Richmond and other places, and whose 
 strength has been wasted by bad air, bad food, and neglect of personal cleanliness. 
 The dead-house is merely a frame covered with old tent cloth and a few bushes, 
 situated in the southwestern corner of the hospital grounds. When a patient 
 dies, he is simply laid in the narrow street in front of his tent, until he is removed 
 by federal negroes detailed to carry off the dead; if a patient dies during the 
 night, he lies there until the morning, and during the day even the dead were 
 frequently allowed to remain for hours in these walks. In the dead-house the 
 corpses lie upon the bare ground, and were in most cases covered with filth and 
 vermin. ' 
 
 At shdrt intervals in the lanes between the tents, wooden boxes are arranged 
 iot the reception of the excrements of those patients who are unable to walk to 
 the sinks along the banks of the stream ; as a general rule these are not emptied 
 
628 TRIAL OP HENRY WIRZ. 
 
 until they are filled with excrements. At all times the emaciated men, -n-orn 
 down to skeletons by diarrhoea and dysentery, are seen evacuating their bowels 
 into these filthy receptacles, which from their wooden structure can never be 
 kept properly cleansed. Notwithstanding the objectionable arrangements, these 
 surgeons, from the limited resources of the purveying department of the Confederate 
 States, appear to be unable to devise any better mode of collecting and removing 
 the excrements of the sick. Metallic or earthen-ware vessels would be far 
 preferable, but it is said that they cannot be obtained at the present time. 
 
 Time and again I saw patients, who apparently had ample strength to walk 
 to the sinks, evacuate their bladders within the tent doors. The whole soil ap- 
 peared to be saturated with urine and filth of all kinds and emitted a most dis- 
 gusting odor. 
 
 The cooking arrangements are of the most defective character. Five large 
 iron pots similar to those used for boiling sugar cane, appeared to be the only 
 cooking utensils furnished by the hospital for the cooking of near two thousand 
 men ; and the patients were dependent in great measure upon their own miserable 
 utensils. They were allowed to cook in the tent doot's and in the lanes, and 
 this was another source of filth, and another favorable condition for the genera- 
 tion and multiplication of flies and other vermin. 
 
 The air of the tents was foul and disagreeable in the extreme, and in fact the 
 entire grounds emitted a most nauseous and disgusting smell. I entered nearly 
 all the tents and carefully examined the cases of interest, and especially the 
 cases of gangrene, upon numerous occasions, during the prosecution of my 
 pathological inquiries at Andersonville, and therefore enjoyed every opportunity 
 to judge correctly of the hygiene and police of the hospital. 
 
 There appeared to be almost absolute indifference and neglect on the part of 
 the patients of personal cleanliness ; their persons and clothing in most instances, 
 and especially of those suffering with gangrene and scorbutic ulcers, were filthy 
 in the extreme and covered with vermin. It was too often the case that patients 
 were received from the stockade in a most deplorable condition. I have seen 
 men brought in from the stockade in a dying condition, begrimed from head to 
 foot with their own excrements, and so black from smoke and filth that they 
 resembled negroes rather than white men. That this description of the stockade 
 and hospital has not been overdrawn, will appear from the reports of the surgeons 
 in charge, appended to this report. 
 
 I have drawn up for the consideration of the surgeon general and the use of 
 the medical department of the Confederate States the following tables, giving a 
 consolidated view of the diseases of the federal prisoners confined at Anderson- 
 ville and also of the confederate forces acting as a guard around the stockadealnd 
 hospital. 
 
TRIAL OF HENRY WIRZ 
 
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 Ei-ysipelas , 
 
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 Q 
 
630 
 
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TRIAL OF HENRY WIRZ, 
 
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632 
 
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TRIAL OF HENEY WIEZ. 
 
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«34 
 
 TRIAL OP HENKY WIEZ. 
 
 Report of the sick and wounded among the confederate troops performing 
 guard duty at Camp Sumter, Andersouville, Georgia, for the months of July 
 and August, 1864. Consolidated from the original reports on file in the 
 office of the post surgeon . {Records incomplete, extending only to the month 
 of July.) 
 
 
 Field 
 report. 
 
 Sumter 
 hospital. 
 
 Diseases. 
 
 Field 
 report. 
 
 Snmter 
 hospital. 
 
 Diseases. 
 
 « 
 O 
 
 1 
 
 OS 
 
 
 
 1 
 
 O 
 
 
 u 
 
 1 
 
 s 
 
 a 
 
 1 
 
 1 
 
 Febris continua simplex 
 
 44 
 7 
 84 
 39 
 
 n 
 
 260 
 
 62 
 
 38 
 
 11 
 
 6 
 
 260 
 
 2 
 
 1 
 
 18 
 
 54 
 
 405 
 
 35 
 
 83 
 
 
 
 
 
 7 
 6 
 2 
 39 
 3 
 4 
 1 
 6 
 
 
 
 
 
 
 
 
 
 
 
 Intermittens quotidians 
 
 
 13 
 12 
 
 
 
 
 
 
 
 
 
 
 IntennittenB quartana 
 
 Nephrites alkuminosa 
 
 Orchitis 
 
 
 
 
 
 
 
 
 
 
 
 
 94 
 64 
 
 3 
 
 35 
 
 
 
 
 
 Intermittens typhoides 
 
 
 
 1 
 
 
 
 
 
 .... 
 
 1 
 82 
 
 .... 
 
 
 
 
 1 
 
 
 
 
 1 
 1 
 11 
 6 
 5 
 2L 
 24 
 8 
 
 I 
 
 10 
 3 
 
 1 
 6 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 Colica .. 
 
 
 .... 
 
 3 
 
 
 
 
 
 
 
 
 
 
 S6 
 
 22 
 
 9 
 
 4 
 
 3 
 
 6 
 4 
 2 
 
 
 .... 
 
 4 
 
 1 
 
 
 
 Rheumatismus chronica 
 
 
 
 
 
 
 
 
 
 
 7 
 
 8 
 
 5 
 
 21 
 
 16 
 
 6 
 
 29 
 
 5 
 
 11 
 
 13 
 
 3 
 
 4 
 
 11 
 
 68 
 
 8 
 
 1 
 
 4 
 
 2 
 
 1 
 
 6 
 
 1 
 
 4 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 2 
 
 
 
 .... 
 
 1 
 
 .... 
 
 All other deseases of this class 
 
 
 
 .... 
 
 1 
 
 
 
 
 
 .... 
 
 
 
 GloBBitis 
 
 
 16 
 1 
 1 
 
 
 
 
 Gastritis 
 
 
 
 . 
 
 Mania 
 
 
 
 
 
 
 
 
 
 
 
 "" 
 
 
 
 
 
 
 
 
 (" 
 
 TonBillitis 
 
 
 
 
 Otalgia 
 
 14 
 5 
 1 
 3 
 8 
 1 
 2 
 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 
 
 4 
 
 .... 
 
 
 
 
 
 
 
 
 
 
 
 .... 
 
 1 
 
 
 
 
 2 
 
 
 
 
 
 
 
 1 
 
 .... 
 
 
 
 
 
 Phthisis ... 
 
 
 
 3 
 
 
 
 
 
 
 Another diaeascs of tlua class 
 
 1 
 
 7 
 
 60 
 
 5 
 
 40 
 
 83 
 
 3 
 
 1 
 
 2 
 
 
 
 
 
 4 
 
 1 
 
 
 
 
 Trochitis .. 
 
 DebiUtas 
 
 .... 
 
 5 
 
 
 Cystitis. .. , 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 2 
 1 
 4 
 16 
 16 
 2 
 
 
 1 
 1 
 1 
 1 
 
 .... 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Orelsro special mengitis 
 
 
 
 
 
 Total 
 
 
 
 
 
 
 ... 
 
 1 
 
 
 2,127 
 
 6 
 
 367 
 
 5fi 
 
 
 
 
 
 
 1'"" 
 
 
 Per cent, of deaths among cases treated in the field durinpr July and August, 0.28. Per cent, of deaths 
 among cases treated in Sumter hospital July and August, 15.2. One death in 6.5 cases treated in hospital. 
 
TRIAL OF HENRY WIEZ. 
 
 635 
 
 
 
 
 Ist regiment G-eorgia reserves. 
 1st regimeut Georgia reserres. 
 2d regiment Georgia reserves. 
 2d regiment Georgia reservefi. 
 3d regiment Georgia reserves. 
 3d regiment Georgia reserves. 
 4tli regiment Georgia reserves. 
 4tli regiment Georgia reserves. 
 55th Georgia volunteers. 
 55tli Georgia volunteers. 
 Florida light artillery. 
 Florida light artillery. 
 Sumter hospital. 
 Sumter hospital. 
 
 
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 625 
 1,019 
 1,033 
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 834 
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 344 
 
 
 
 
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636 
 
 TEIAL OF HENRY WIRZ 
 
 We will examine first the consolidated report of the sick and wounded federal 
 prisoners. During six months, from the 1st of March to the 31st of August, 
 42,686 cases of diseases and wounds were reported. No classified record of the 
 sick in the stockade was kept after the establishment of the hospital without the 
 prison. This fact, in conjunction with those already presented relating to the, 
 insufficiency of medical officers and the extreme illness and even death of many 
 prisoners in the tents in the stockade, without any medical attention or record 
 beyond the bare number of the dead, demonstrate that these figures, large as they 
 appear to be, are far below the truth. 
 
 As the number of prisoners varied greatly at different periods, the relations 
 between those reported sick and well, as far as those statistics extend, can best 
 be determined by a comparison'of the statistics of each month. The following 
 table presents the mean strength, the total diseases and deaths, and the total 
 cases and deaths of the most fatal diseases. 
 
 Table illustrating the mean strength^ total cases of disease and death, and the r'dations of the ease's 
 and deaths of the most fatal diseases among the federal prisoners confined at Andersonvith, 
 Georgia. (Consolidated from the original reports on Jileinthe o£lc6 of the surgeon in charge 
 of the post of Andersonville, by Joseph Jones, surgeon ■provisional army Confederate Stalest J 
 
 
 1864. ■ 
 
 
 March. 
 
 April. 
 
 May. 
 
 June. 
 
 July. 
 
 August. 
 
 Total 
 
 
 7,500 
 
 1,530 
 
 4 9-10 
 
 283 
 
 18.42 
 
 26.4 
 3.77 
 
 67 
 28 
 
 10, 000 
 
 2,425 
 
 4 8-100 
 
 576 
 
 23.7 
 
 17.3 
 5.76 
 
 56 
 
 18 
 
 5 
 
 15, OOO 
 
 8,583 
 
 17-10 
 
 708 
 
 8.2 
 
 21.18 
 4.72 
 
 92 
 17 
 
 1 
 
 1 
 
 481 
 9 
 
 385 
 
 22,291 
 7,968 
 
 2 8-10 
 1,201 
 
 15.0 
 
 18.5 
 5.38 
 
 18 
 32 
 
 2 
 
 205 
 7 
 
 192 
 
 29, 030 
 10,834 
 2 6-10 
 1,952 
 
 18.1 
 
 14.8 
 6.64 
 
 39 
 
 58 
 
 1 
 2 
 
 150 
 7 
 
 139 
 
 32, 899 
 11,346 
 2 9-10 
 2,992 
 
 26.3 
 
 10.9 
 9.09 
 
 200 
 32 
 
 1 
 1 
 
 324 
 29 
 
 ,,- 
 
 Total taken Bick or wounded during the month. 
 
 ^3,686 
 
 Total deaths from all causes . 
 
 7,712 
 
 Per cent, of deaths to sick entered on sick re- 
 
 One death in so many sick and wounded pri- 
 
 
 Per cent, of deaths to mean strength, sick and well 
 Typhoid fever— 
 
 
 Beaths 
 
 .-?F 
 
 Congestive fever — 
 
 Deaths 
 
 
 
 Intermittent fever, quotidian — 
 
 
 10 
 4 
 
 24. 
 
 
 Deaths 
 
 
 ' 56 
 
 Intermittent fever, iation — 
 Cases 
 
 35 
 2 
 
 775 
 2 
 
 Deaths 
 
 Intermittent fever, quarter- 
 
 
 114 
 
 25 
 
 56 
 
 
 i« 
 
 Deaths 
 
 
 
 
 Remittent fever — 
 Cases 
 
 37 
 
 5 
 
 10 
 1 
 
 181 
 9 
 
 240 
 13 
 
 
 
 468 
 
 Deaths 
 
 
 
 28 
 
 Bilious remittent fever — 
 Cases 
 
 160 
 15 
 
 28 
 27 
 
 3,092 
 195 
 
 2,796 
 517 
 
 349 
 330 
 
 999 
 215 
 
 180 
 27 
 
 203 
 381 
 
 304 
 66 
 
 190 
 12 
 
 116 
 15. 
 
 3,026. 
 
 . .,T??, 
 
 1,982' 
 792 
 
 ■520 
 280 
 
 859, 
 364 
 
 187 L 
 72 
 
 156 
 156 
 
 663 
 120 
 
 '-' 350 
 
 Deaths 
 
 
 
 
 
 27 
 
 Pneumonia — 
 Cases 
 
 102 
 65 
 
 15 
 
 108 
 58 
 
 50 
 
 103 
 28 
 
 1,221 
 14 
 
 1,729 
 251 
 
 608 
 171 
 
 870 
 93 
 
 407 
 8 
 
 6 
 3 
 
 233 
 50 
 
 21 
 41 
 
 2,097 
 68 
 
 1,966 
 330 
 
 .■ilO 
 447 
 
 540 
 98 
 
 271 
 5 
 
 9 
 
 8 
 
 248 
 71 
 
 ' 528 
 
 Deaths 
 
 (■ 234 
 
 Scurvy- 
 Cases 
 
 ■ 9 501 
 
 Deaths 
 
 999 
 
 Acute diarrhcea — 
 
 386 
 51 
 
 95 
 26 
 
 143 
 
 29 
 
 42 
 12 
 
 916 
 220 
 
 235 
 115 
 
 133 
 49 
 
 51 
 27 
 
 100 
 
 32 
 6 
 
 9,775 
 2,161 
 
 ■ 2,315 
 1,369 
 
 3,549 
 " 848 
 
 
 Chronic diarrhoea — 
 
 
 Acute dysentery- 
 Cases 
 
 Deaths 
 
 Chronic dysentery — 
 Cases 
 
 1,138 
 151 
 
 Deaths 
 
 Morbiben — 
 Cases 
 
 474 
 
 
 17 
 
 28 
 2 
 
 :■• 665 
 
 Dropsy- 
 
 1,510 
 
 Deaths 
 
 1 315 
 
TRIAL OF IlENEY WIRZ. 637 
 
 During this period of six months no less than 565 deaths are recorded under 
 the hisad of morbi vanie. In other words, those men died without having received 
 sufficient medical attention for the determination of even the name of the disease 
 causing death. 
 
 During the month of August 53 cases and 53 deaths are recorded as due to 
 marasmus. Surely this large number of deaths must have been due to some other 
 morbid state than slow wasting. If they were due to improper and insufficient 
 food, they should have been classed accordingly, and if to diarrhoea or dysentery 
 or scurvy, the classification should in like manner have been explicit. 
 
 We observe a progressive increase of the rate of mortality, from 3.11 per cent, 
 in March to 9.09 per cent, of mean strength, sick and well, in Aiigust. The 
 ratio of mortality continued to increase during September, for notwithstanding- 
 the removal of one-half of the entire number of prisoners during the early por- 
 tion of the month, one thousand seven hundred and sixty-seven (1,767) deaths 
 are registered from September I to 21, and the largest number of deaths upon 
 any one day occurred during this month, on the 16th, viz : 119. 
 
 The entire number of federal prisoners confined at Andersonville was about 
 40,611 ; and duringthe period of near seven months, from February 24 to Sep- 
 tember 21, nine thousand four hundred and seventy-nine (9,479) deaths were 
 recorded; that is, during this period near one- fourth, or more, exactly one in 4.2, 
 or 23.3 per cent., terminated fatally. This increase of mortality was due in great 
 measure to the accumulation of the sources of disease, as the increase of excre- 
 ments and filth of all kinds, and the concentration of noxious effluvia, and also 
 to the progressive effects of salt diet, crowding, and the hot climate. 
 
 CONCLUSIONS. 
 
 1st. The great mortality among the federal prisoners confined in the military 
 prison at A.ndersonville was not referable to climatic causes, or to the nature of 
 the soil and waters. 
 
 ' 2d. The chief causes of death were scurvy and its results and bowel affections — 
 chronic and acute diarrhoea and dysentery. The bowel affections appear to have 
 ' been due to the diet, the habits of the patients, the depressed, dejected state of the 
 nervous systemand moral and intellectual powers, and to the effluvia arising from 
 the decomposing animal and vegetable filth . The effects of salt meat, and an un- 
 varying diet of corn-meal, with but few vegetables, and imperfect supplies of 
 vinegar and sirup, were manifested in the great prevalence of scurvy. This 
 disease, without doubt, was also influenced to an important extent in its origin 
 and course by the foul animal emanations. 
 
 . > 3d. From the sameness of the food and form, the action of the poisonous gases 
 in the densely crowded and filthy stockade and hospital, the blood was altered 
 in its constitution, even before the manifestation of actual disease. In both the 
 well and the sick the red corpuscles were diminished ; and in all diseases uncom- 
 plicated with inflammation, the fibrous element was deficient. In cases of 
 ' ulceration of the mucous membrane of the intestinal canal, the fibrous element of 
 the blood was increased ; while in simple diarrhoea, uncomplicated with ulcera- 
 tion,, it was either diminished or else remained' stationary. Heart clots were 
 ; very common if not universally present in the cases of ulceration of the intestinal 
 mucous membrane, while in the uncomplicated cases of diarrhoea and scurvy, the 
 .blood was fluid and did not coagulate readily, and the heart clots and fibrous 
 concretions were almost universally absent. From the watery condition of the 
 blood, there resulted various serous effusions into the pericardium, ventricles 
 ,,of the brain, and into the abdomen. In almost all the cases which I examined 
 'after death, even the most emaciated, there was more or less serous effusion 
 into. the abdominal cavity. In cases of hospital gangrene of the extremities, and 
 in cases of gangrene of the intestines, heart clots and fibrous coagula were 
 
638 TRIAL OP HENRY WIRZ. 
 
 universally present. The presence of those clots in the cases of hospital gangrenej 
 while they were absent in the cases in which there was no inflammatory symptoms, 
 sustains the conclusion that hospital gangi'ene is a species of inflammation, im- 
 perfect and irregular though it may be in its progress, in which the fibrous 
 element and coagulatioil of the blood are increased, even in those who are suffer- 
 ing from such a condition of the blood, and from such diseases as are naturally 
 accompanied with a decrease in the fibrous constituent. 
 
 4th. The fact that hospital gangrene appeared in the stockade first and origi- 
 nated spontaneously without any previous contagion, and occurred sporadically 
 all over the stockade and prison hospital, was proof positive that this disease will 
 arise whenever the conditions of crowding, filth, foul air, and bad diet are present. 
 The exhalations from the hospital and stockade appeared to exert their effects 
 to a considerable distance outside of these localities. The origin of hospital 
 gangrene among these prisoners appeared clearly to depend in great measure 
 upon the state of the general system induced by diet, and various external noxious 
 influences. The rapidity of the appearance and action of the gangrene depended- 
 upon the powers and state of the constitution, as well as upon the intensity of 
 the poison in the atmosphere, or upon the direct application of poisonous matter 
 to the wounded surface. This was further illustrated by the important fact that 
 hospital gangrene, or a disease resembling it in all essential respects, attacked 
 the intestinal canal of patients laboring under ulceration of the bowels, although 
 there were no local manifestations of gangrene upon the surface of the body." 
 This mode of termination in cases of dysentery was quite common in the foul 
 atmosphere of the Confederate States military hospital, in the depressed, depraved 
 condition of the system of these federal prisoners. 
 
 5th. A scorbutic condition of the system appeared to favor the origin of foul 
 ulcers, which frequently took on true hospital gangrene. Scurvy and hospital 
 gangrene frequently existed in the same individual. In such cases, vegetable 
 diet, with vegetable acids, would remove the scorbutic condition without curing 
 the hospital gangrene. From the results of the existing war for the establish- 
 ment of the independence of the Confederate States, as well as from the pub- 
 lished observations of Dr. Trotter, Sir Gilbert Blane, and others of the English 
 navy and ai'my,it is evident that the scorbutic condition of the system, especially 
 in crowded ships and camps, is most favorable to the origin and spread of foul 
 ulcers and hospital gangrene. As in the present case of Andersonville, so also 
 in past times when medical hygiene was almost entirely neglected, those two 
 diseases were almost universally associated in crowded ships. In many cases it 
 was very difiicult to decide at first whether the ulcer was a simple result of 
 scurvy or of the action of the prison or hospital gangrene, for there was great 
 similarity in the appearance of the ulcers in the two diseases. So commonly 
 have those two diseases been combined in their origin and action, that the 
 description of scorbutic ulcers, by many authors, evidently includes also many 
 of the prominent characteristics of hospital gangrene. This will be rendered 
 evident by an examination of the observations of Dr. Lind and Sir Gilbert 
 Blane upon scorbutic ulcers. 
 
 6th. Gangrenous spots followed by rapid destruction of tissue appeared in. 
 some cases where there had been no known wound. Without such well-estab- 
 lished facts, it might be assumed that the disease was propagated from one 
 patient to another. In such a filthy and crowded hospital as that of the Con- 
 federate States military prison at Andersonville, it was impossible to isolate the 
 wounded from the sources of actual contact of the gangrenous matter. The flies 
 swarming over the wounds and over filth of every kind, the filthy, imperfectly 
 washed and scanty supplies of rags, and the limited supply of washing utensils, 
 the same wash-bowl serVing for scores of patients, were sources di such constant 
 circulation of the gangrenous matter that the disease might rapidly spread from 
 a single eanerenous wound. The fact alreadv stated, that a form of moist: 
 
TRIAL OF HENRY WIEZ. 639 
 
 gangrene, resembling hospital gangrene, was quite common in this foul atmo- 
 sphere, in cases of dysentery, both with and without the existence of the disease 
 upon the entire surface, not only demonstrates the dependence of the disease 
 upon the state of the constitution, but proves in the clearest manner that neither 
 the contact of the poisonous matter of gangrene, nor the direct action of the pois- 
 onous atmosphere upon the ulcerated surface, is necessary to the development 
 of the disease. 
 
 7th. In this foul atmosphere amputation did not arrest hospital gangrene ; the 
 disease almost invariably returned. Almost every amputation was followed finally 
 by death, either from the effects of gangrene or from the prevailing diarrhoea and 
 dysentery. Nitric acid and escharotics generally in this crowded atmosphere, 
 loaded with noxious effluvia, exerted only temporary effects ; after their applica- 
 tion to the diseased surfaces, the gangrene would frequently return with redoubled 
 energy ; and even after the gangrene had been completely removed by local 
 and constitutional treatment, it would frequently return and destroy the patient. 
 As far us my observation extended, very few of the cases of amputation for 
 gangrene recovered. The progress of these cases was frequently very deceptive. 
 I have observed after death the most extensive disorganization of the structures 
 of the stump, when during life there was but little swelling of the part, and the 
 patient was apparently doing well. I endeavored to impress upon the medical 
 officers the view that in] this disease treatment was almost useless, without an 
 abundant supply of pure fresh air, nutritious food, and tonics and stimulants, 
 ^uch changes, liowever,, as would allow of the isolation of the cases of hospital 
 gangrene appeared to be out of the power of the medical officers. 
 
 8th. The gangrenous mass was without truepus, and consisted chiefly of broken- 
 down, disorganized structures. The reaction of the gangrenous matter in certain 
 stages was alkaline. 
 
 . 9th. The best, and in truth the only means of protecting large armies and navies, 
 as well as prisoners, from the ravages of hospital gangrene, is to furnish liberal 
 supplies of well-cured meat, together with fresh beef and vegetables, and to 
 enfprce a rigid system of hygiene. 
 , 10th. Finally, this gigantic mass of human misery calls loudly for relief, not 
 only for the sake of suffering humanity, but also on account of our own brave 
 soldiers now captives in the hands of the federal government. Strict justice to the 
 gallant men of the confederate armies, who have been or who may be, so un- 
 fortunate as to be compelled to surrender in battle, demands that the confederate 
 government should adopt that course which will best secure their health and 
 comfort in captivity ; or at least leave their enemies without a shadow of an excuse 
 for any violation of the rules of civilized warfare in the treatment of prisoners^- 
 
 Q. You have made some estimates based upon what you term the "mean 
 strength;" will you explain to the court what you mean by that? 
 
 A. The mean strength for a month in an army is generally taken by choosing 
 three points in the month, the first, the middle, and the latter part of it, adding 
 them together and dividing the total number. 
 
 Q. The total of the three added ? 
 , A. -Yes, sir. I do not know exactly how it was done at Andersonville. This 
 was' taken from the records there entitled " mean strength." 
 
 Q. Continue your explanation of how the estimate was made, and then you 
 can make any qualifications with regard to it. You say you divided the number 
 of prisoners at the first of the month, the middle of the month, and the last of 
 the month by three ; then what did you do 1 
 
 A. That would give you the mean strength, the average number present 
 durJDg the month — that is in armies. 
 
 Q. That cannot always be accurate, can it ? 
 
 A. No, sir; itis not accurate in armies. I do not know exactly what course they 
 adopted with the prisoners, but presume it was done in the same way. Two or 
 
640 TRIAL OF HENEY WIEZ. 
 
 tliree thousand might have been received and two or three thousand sent away, and 
 in that way the whole number during the month would be pretty much unchanged. 
 In the confederate service it was not a truly accurate number. 
 
 Q. You used the term " Confederate States military hospital;" does that 
 refer always to the federal prisoners' hospital 1 
 
 A. There was a Confederate States military hospital there, that went by the 
 name of Sumter hospital. 
 
 Q. In the returns you inchide only hospitals containing federal prisoners 1 
 
 A. Yes ; I think I always used the term " Confederate States military prison 
 hospitals." 
 
 Q. When did you forward your report or complete it ? 
 
 A. I will state to the court that I was engaged in the preparation of that 
 report in the month of September, 1864. I went from Andersonville to the 
 hospitals connected with the army of Tennessee, and labored there until Novem- 
 ber ; I then returned to Augusta, just about the time jjjiat General Sherman com- 
 menced his march from Atlanta. I was then cut off from the reception of answers 
 to numerous inquiries I had made of officers at Andersonville and with the army 
 of Tennessee, and set about preparing the report for the surgeon general. I 
 had just completed the report which I placed in the hands of the judge advocate 
 under orders from the government when the confederacy went to pieces. That 
 report never was delivered to the surgeon general, and I was unaware that any 
 one knew of its existence at all until I received orders from the United States 
 government to bring it and deliver it to this court in testimony. I make this state- 
 ment to relieve myself of the charge of turning state's evidence, as it were, against 
 those with whom I was formerly associated ; it was done in obedience to an 
 otder from the government. 
 
 \Q. Have your sympathies been with the rebellion during the war ? > 
 
 A. Entirely so. 
 
 Q. Then your report was made out in the interest of the confederate govern- 
 ment ? 
 
 A. In the interest of the confederate government; for the use of the medical 
 department ; in the view that no eye would ever see it but that of the surgeon 
 general. I beg leave to make a statement to the court. That portion of my 
 report which has been read is only a small part of the report. The original 
 report contains the excuses which were given by the officers present at Ander- 
 sonville, which I thought it right to embody with my labors ; it also contains 
 documents forwarded to Richmond by Dr. White and Dr. Stevenson and others 
 in charge of the hospitals. Those documenls contained important facts as to 
 the labors of the medical department and their efforts to better the condition of 
 ■1 things. 
 
 Q. Are your conclusions correctly stated in this extract ? 
 
 A. Part of my conclusions are stated ; not the whole. A portion of my con- 
 clusions and also my recommendations are not stated. 
 
 Q. Touching the subject of exchange 1 
 
 A. Yes, sir ; the general difficulties environing the prisoners and their officers. 
 
 Q. But the condition of things at Andersonville you have correctly described 
 in the report of which this is an extract. 
 
 A. I endeavored to do so in that report so far as my means of investigation 
 would allow. I would also state that the results of my examination of gangrene, 
 scurvy, and other diseases have been omitted from the report. They were very 
 extended. I was therefor three weeks and made some score of post-mortem 
 examinations. I endeavored, in this report to the surgeon general, to condense 
 the results of all those labors ; in fact that was the end and aim of the investiga- 
 tion. 
 
TRIAL OF HENRY WIRZ. 641 
 
 Cross-examined by Counsel : 
 
 Q. What became of your original report ? 
 
 A. This is my original report. 
 
 Q. Did you make this extract yourself ? 
 
 A. I did not. My original report is in the hands of the judge advocate. I 
 delivered it into his hands immediately upon my arrival in Washington. 
 
 Q. What time did you visit Andersonville ? 
 
 A. In September, 18G4. 
 
 Q. How long did you remain there ? 
 
 A. About three weeks. My report contains the dates I think accurately 
 stated. 
 
 Q. Tou did not confine your labor to the hospital, but went to the stockade 
 also? 
 
 A. Yes, sir ; both. 
 
 Q. You say yon saw large pieces of corn-bread lying within the stockade ? 
 
 A. I did. 
 • Q. Will you describe what kind of corn-bread it was, whether it was fit to 
 eat or had been fit to eat ? 
 
 A. It looked like the ordinary corn-bread from the bakery ; they baked it 
 in rolls six inches by eight inches ; it was about one inch and a half or two 
 inches thick ; ii looked like very good bread ; after it lay on the ground for any 
 tiiae it was covered with a fungous growth, and altered after the rain had fallen 
 upon it. - — J 
 
 Q. Did you or did you not find any starvation cases amongst the prisoners 
 during your stay in the stockade or hospital 1 
 
 A. I saw none that I could refer to starvation. I believe the diet was im- 
 proper for sick men, and that they were not able to relish their food. They 
 had plenty of food in one sense, but it was not of the proper character for sick 
 men. i 
 
 Q. Why did Union prisoners act as nurses and not confederates ? 
 
 A. They had not sufiicient force, as I was informed, to detail confederate 
 soldiers for that purpose. 
 
 Q. In what condition did you find .the hospital ? 
 
 A. In the condition described in the report ; in a badly organized condition 
 and with improper shelter. 
 
 Q. How many prisoners were in the stockade when you went there ? 
 
 A. I could not ascertain that fact with accuracy ; I have stated about 15,000 ; 
 tbey-were removing them to different points ; I applied for accurate information 
 on that point, but did not get it. 
 
 Q. How many were there on the 16th of September ; the day so many died ? 
 
 A. I cannot inform you, as from the constant removal of prisoners there were 
 not accurate numbers kept. I had not access to that minute information which 
 would enable me to speak with certainty, but I judged about 15,000. 
 
 Q. Did you see the pris,oner at Andersonville ? 
 
 A. I saw him once. 
 
 Q. When was that '! 
 
 A. It was in September ; I do not recollect the date. 
 
 Q. On what occasion ] 
 
 A. I applied to him for permission to enter the stockade. 
 
 Q. Did you apply to him for admission before you got the letter from Captain 
 Winder ? 
 
 A. It was previous to my receiving the letter from Captain Winder. 
 
 Q. Why did he not give you a permit to visit the stockade ? 
 
 A. He did not state it ; he said he had his reason for the course he took. 
 
 Q. Was he in any way unwilling to accommodate you ? 
 H. Ex. Doc. 23 41 
 
642 TRIAL OF HENRY WIRZ 
 
 A. He simply stated tliat he refused me admission for special reasous, and 
 that was all that passed between us. I then applied to Geueral "Winder. 
 
 Q. When you handed him General Windei's order, there was no more diffi- 
 culty 1 
 
 A. None whatever. I will state that Captain Wirz was then sick, or was 
 shortly after that taken sick, so far as my recollection serves me ; he was not at 
 his 1 fficc the day I went into the stockade, and I was informed he was unwell — 
 sick. 
 
 Q. You do not recollect on what day you went into the stockade ? 
 
 A. No ; I do not recollect the precise date. 
 
 Q. When did you go to Andersonville 1 
 
 A. I think it was about the 7th of September; my report shows tke date 
 accurately. 
 
 Q. How long after your arrival there, did yon first enter the stockade 1 
 
 A. I presented my labors first in the hospital ; I think I went into the stockade 
 seven or ten days after I got to Andersonville. 
 
 ' Q. Would these prisoners have died in the same numbers if they had been 
 at home instead of at Andersonville 1 
 
 A. I should say not. 
 "'Q. Was it a general thing there for the prisoners to curse the general govern- 
 ment, or was it only done by a few 1 
 
 A. If I recollect aright, it was the time when there was a good deal of ex- 
 citement in the south about General McOlellan's election, and that excitement 
 seemed to pervade even the prisoners. Many of them were desirous of voting 
 for McOlellan, in the belief that they would be exchanged, and they spoke about 
 ihe government in that connection. 
 
 By the Judge Advocate: 
 Q. That class of them s 
 
 A. That was the reason they assigned for wishing to vote for General McClellan, 
 the idea that they would be exchanged if he were elected. 
 
 By Oou.N'SKL . 
 
 Q. Did you say anything about vaccination in your report 1 
 
 A. I saw some cases of injury from vaccination I do not recollect exactly 
 what I stated in my report on that subject, but I can tell you what I did by 
 referring to it. There were a number of instances, I think some dozen of 
 instances, that I was informed of; I did not see more than one or two instances 
 myself; they occurred previous to my going there. The case which I examined 
 more particularly was a case of amputation of the arm irom vaccination, and, 
 upon carefully examining it, I was led to believe that it was in consequence "t 
 the condition of the system of the man, rather than from the matter introduced, 
 from the fact that small injuries were freq^uently attended with gangrene in that 
 foul atmosphere. 
 
 Q. You have stated that in your original report you made some remarks upon 
 the conduct of the oflScers at Andersonville 1 
 
 The Judge Advocate objected to the question, on the ground that cross- 
 examination must be confined to the report that had been produced in court. 
 
 The question was withdrawn. 
 
 private PROPEBTY TAKE.\ FliOM PRISONEKS. 
 
 October 7, 1865. 
 
 Captain Samuel GrLiMORE,-,39th Illinois volunteers, for the prosecution.; 
 I am on duty at Norfolk, Virginia. I did, while on duty, make a seizure of 
 property in the hands of one Garrison. - ' 
 
 Q. What were the circumstances ? • 
 
TRIAL OP HENKY WIRZ. .643 
 
 A. On the 10th of Septembfi- of this year I sent men to search the passengers 
 on the Richmond boats. The object of the search was to find some watches 
 that had been stolen. The men came came back with a box of watches, that had 
 been taken from one Garrison. They were watcher tliat were taken from the 
 Stoneman raiders at Andersouville ; Garrison came on with the men. That 
 was his representation. It is George C. Garrison, of Accomac county, Virginia. 
 He stated at that time that he was acting as counsel for R. B. Winder. There 
 were thirty-four watches ; also some other trinkets, silver spoons and forks, and 
 some watch, chains and lockets. There were some photographs or pictures. 
 There were some two or three ambrotypes ; I do not remember the exact num- 
 ber. I recognize the article now handed me a3 oneof the thing,-* that I saw at 
 the lime in the box. 
 
 The Judge Advocate. This is a watch chain with a medal attached to it, 
 which' is atout the o^ily evidence seeming to connect the plunder with our federal 
 prisoners. The watches .were marked in no way, and 1 cannot introduce them 
 in evidence, but this medal bears the inscription, " Darius Morris, company A, 
 169th New York volunteers, Rensselaer county, New York ; " on the reverse is, 
 •'Abraham Lincoln, President of the United States, war of 1861." 
 
 Q. Is the paper now handed to you one that you received at that time ? 
 
 A. It is one of the papers that I received frotn Garrison. 
 
 The paper, of which the following is a copy, was offered in evidence, and is as 
 follows : 
 
 Received from R. B. Winder, A. Q. M., this 1st day of July, 1864, the following lot of 
 property belonging to federal prisoners, to wit : 
 Silver watch. No 12, 25-2 ; R. W. Kelley. 
 
 Do 11,697; N.R. Leaver. 
 
 Brass watch 37; J. Champanyl 
 
 Silver watch.... 13, 037; N.J.Smith. 
 
 Do 26, 326 ; J. G. Blocke. 
 
 Do 23,956; J.D.Wolfe. 
 
 Do 8,771; D. Bilman. 
 
 Do 546; F. Foster. 
 
 Do 161; Jacob Metzger. 
 
 Do 14, 554 ; H. MansHeld. 
 
 Brass watch and pencil ; Nottingham. 
 
 H. WIRZ, 
 Captain Commanding frison. 
 Camp Sumter, Andersonuille, Ga. 
 
 I have compared the numbers on the watches with the numbers on the list. 
 I did not find the one corresponding with the other. 
 
 The Judge Advocate. I submit this document to show that the property 
 here referred to passed into the hands of the prisoner, since which time it has not 
 been heard of, and the property found in ths hands of R. B. Winder, last Sep- 
 tember, is not the property herein enumerated. 
 
 Cross-examined by Counsel : 
 
 Q. Do- 1 understand ^ou ta say that you searched the passengers on the 
 Richmond boats in September last 1 
 
 A. We searched the passengers who came down from Richmond and City 
 Point on the 10th of last month for a lot of property. I had received a telegram 
 from the provost marshal at City Point that there had been a heavy robbery 
 committed there on the night of the 9th, and he wished me to search the passen- 
 gers on the Richmond boat for this property, which consisted of watches and 
 jewelry. 
 
 By the Juugk Advocate : 
 Garrison came down from Richmond on one of the boats. I did not arrest 
 Winder ; he was arrested, I think, before that. I think he lives in the neighbor- 
 hood of Mr. Garrison ; I am not certain. 
 
644 TRIAL OV HENRY WIRZ 
 
 By the Court : 
 
 I was serving in the capacity of provost tna/rslial. 
 
 The Judge Advo<;atk stated that the commispion would have to vacate liieir 
 present rooms, and that Judge Oasey having tendered the use of the Oourtof 
 Claims room, that court having adjourned, the commission at its next meeting 
 will assemhle there. 
 
 The commission then adjourned until Thursday, October 12, ISGo, at 10 
 o'clock a. m. 
 
 Thursday, October 12, 1865. 
 The commission met pursuant to adjournment. 
 
 PHOTOORAPH OF THE STOCKADE. 
 
 The Judge Advocate presented to the court and put in evidence a photo- 
 gi-aph of a drawing of the stockade at Andersonville, made by R. Sneeden, who 
 was an engineer in the prison. The photograph was marked Exhibit 34. 
 
 Counsel for the accused proposed to read and oiFer in evidence two letters 
 from the letter-book of the accused. 
 
 The Judge Advocate. I will not object to their being read, but Iieserve 
 the right of objecting to them as competent evidence. 
 
 The President. If the judge advocate is of opinion that the letters are not 
 competent evidence, on what ground can they be read ? 
 
 The Judge Advocate. There are some things in the letters that are proper; 
 while there are other things in them which I may object to have entered on the 
 record. 
 
 The President. Has not the whole letter-book been put in evidence ? 
 
 The Judge Advocate. It was put in evidence under a special agreement, 
 subject to such legal objections as may be properly made. 
 
 By direction of the court, the agreement between the judge advocate and 
 counsel for the accused in regard to record evidence was read from page 2,779 
 part XLI of the report. 
 
 After further discussion and deliberation the objection was overruled ; and the 
 following copies of letters from the prisoner's letter-book were put in evidence: 
 
 letter from captafn wirz complaining of the (quality of the meal 
 fue.\ished prisoners. 
 
 Hbaduuarters Commander of Prison, 
 
 Camp Sumter, Andersonville, Ga., 
 p, Jttne 6, 18G4. 
 
 Captain : I most respectfully call the attention of the colonel commanding 
 post, through you, to the following facts : The bread which is issued to prisoners 
 is of such an inferior quality, consisting fully of one-sixth of husk, that it is 
 almost unfit for use, and increasing dysentery and other bowel complaints. I 
 would wish that the commissary of the post be notified to have the meal boltedt or 
 some other contrivance arranged to sift the meal bef«re issuing. If the meal, 
 such as is now, was sifted, the bread rations would fall short fully one-quarter 
 of a pound. There is a great deficiency of buckets. Eations of rice, beans, vine- 
 gar, and molasses, cannot be issued to prisoners for want of buckets ; at least 
 8,000 men in the stockade being without anything of the sort. If my informa- 
 tion is correct any number of buckets can be got from Columbus, Georgia, if 
 the quartermaster of the post would make the requisition for the same. 
 
 Hoping that you will give this your attention as soon as possible, 
 1 I remain, captain, most respectfully, your obedient servant, 
 
 ^ H. WIKZ, 
 
 Captain Commanding Prison. 
 Captain A. D. Chapman, 
 
 Assistant Adjutant Post. 
 
TKIAL OF HENRY WIRZ. P45 
 
 lettkk faom captain wiez askfjio authority to make keciijisitioiv for 
 shoes fob paroled prisoners. 
 
 head<iiuartbks confed-bha-te states militauy prison, 
 
 Camp Sumter, Georgia, 
 
 February 26, 1865. 
 Sir,: I have the honor to call your attention to the following facts : r^ 
 
 Tiiere are a large number of paroled prisoners of war, who are doing work for 
 the government, which if not done by them would have to be done by impress- 
 ment or other hire and thus be a heavy expense to the government. These men 
 are, almost without exception, barefooted, having been so long at work that 
 what shoes they had are entirely worn out. I wish to know if I cannot be 
 authorized to make a. requisition on the quarteiinasterdepartmentto supply their 
 wants in this line, or else buy the leather through the quartermaster and have 
 the shoes made, as there are plenty of shoemakers among the prisoners. 
 
 Recommending the statement to your favorable consideration, I am, sir, very 
 respectfully, your obedient servant, 
 
 H. WIRZ, J 
 
 Captain Commanding Prison. 
 G. W.McPhail, 
 
 Aidc-de-Camp and Assistant Adjutant General. 
 
 Counsel for the accused reminded the court that, with his consent, the judge 
 advocate, had reserved the closing of the case for the prosecution ; but the defence 
 was now- so near to the close of its case that he thought it just that the judge 
 advocate should be called upon to examine the remainder of his witnesses, so 
 that the defence might meet any point that should be covered in their testimony. 
 He contended that in all cases — including the case of the assassination trials and 
 that of General Briscoe — where tlie defence objected to the prosecution closing 
 its case temporarily, the prosecution was compelled to go on and conclude its 
 case before the defence commenced. 
 
 The President corrected counsel in his citation of the conspiracy trials as a 
 precedent for his position ; that was rather a precedent on the other side, as 
 witnesses for the prosecution and witnesses for the defence had been in that case 
 examined without regard to order. 
 
 General Thomas. I understood counsel to state diatinictl'y that he agreed to 
 the proposition of the judge advocate, that he was to bring, in other testimony. 
 
 Mr. Bake u. Yes, at onetime. 
 
 General Thomas. And now you want to cut him ofF from the privileges whicii 
 you yourself consented to. 
 
 Mr. Baker. The defence is ao nearly through that I' think we ought to have 
 the rest of the case for the prosecution. 
 
 lihe P«esi:DBNT. For my part if the judge advocate is prepared to introduce 
 the remainder of his testimony, I see no objection to his dbing so. 
 
 'rhe .JiiTDGB Advocate. I can only say tliat, acting undier the agreement 
 acceded to. without objection by counse} for the accused, I have subpoenaed wit- 
 nesses who will be here within a day or two^witnesses not so important to the 
 defence as they are tO: the general charge of conspiracy, and I would rather not 
 be cut off'from the privilege of introducing them. 
 
 The President. If the judge advocate is not ready to introduce the rest of 
 his testimony, he cannot, of course, under the agreement,be called upon to do so. 
 
 Colanpi Alwock. It was agreed at the time, that the evidence which the 
 judgp advocate should iiitrodiice wouM not be evidence directly against the 
 prisoner, so that he cannot suffer by it. 
 
646 TRIAL OF HENRY WIKZ. 
 
 Mr. Baker. I do not suppose he will, only I think that as the judge advocate 
 recommenced the case for the prosecution at the last meeting of the court, he 
 should go on now and complete it. 
 
 The Judge Advocate. I would he glad to do it if I could. 
 
 The Pbesidknt. Counsel will proceed with the case for the defence. 
 
 THK DIFFICULTY OF PROCURING PROVISIONS FOR THE BEBEL ARMY. 
 
 OCTOBRR 12, 1S65. 
 
 Lieutenant Colonel F. G. Ruffi.n, for the defence : 
 
 I reside near the city of Richmond, Virginia ; I was, by promotion in the . 
 latter part of the w^r, lieutenant colonel in the subsistence department of the 
 Confederate States armies. All my duties from the commencement of the war 
 until I resigned, a month or two before its close, were in that departtnent and 
 nowhere else. My duties were not by rank or by appointment, but, in fact, those 
 of assistant commissary general. Those duties were performed altogether in 
 Richmond, so far as my residence was concerned, but embracing every portion 
 of what was then the southern confederacy. 
 
 Q. State to the court what you know in reference to the lack or deficiency 
 of commissary supplies in that department. 
 
 A. I hardly know how to commence answering that ; I can only say that 
 from the beginning there was more or less scarcity ; that that scarcity was appre- 
 hended from the beginning by the commissary department ; that steps were 
 being taken all the time, with more and more earnestness and energy and anxiety, 
 as the war progressed, to obtain supplies, especially of meat, which in that section 
 of the country had always been insufficient for the support of the inhabitants of 
 that country ; that that scarcity which did exist to a certain degree at the begin- 
 ning of the war, and to a greater extent than it had existed before — because our 
 wholesale men, apprehending the storm that was impending, had foreborne to 
 import their usual supplies of meat through that section — that that scarcity com- 
 mencing in that way increased in all sections to absolute privation ; I do not 
 mean to say the point of starvation, but to the point of privation. 
 
 Q. Was that the case in respect to nearly all supplies, or in respect only to 
 particular supplies ? 
 
 A. It was the case more or less with reference to all supplies, some of wliich 
 we had not in sufficient quantities even for hospital purposes. Some of the 
 articles of daily domestic consumption, and of regular army and hospital supplies, 
 were not to be had at all at some tirnes, and at all times in diminished quantities. 
 Coffee, for instance, was the most important of that class of articles. 
 
 Q. Can you name other articles that were deficient ? 
 
 A. I did name meat ; flour became very deficient. For instance, General 
 Lee's army, at the close of the war, was living on corn meal, it being impossible 
 to obtain flour for them. We had accumulated in Richmond a supply of 30,000 
 barrels of flour for General Lee's reserve, when the campaign on the Rapidan 
 commenced. That was in |,he spring of 1864. The whole of that reserve of 
 flour was consumed by Union prisoners ; and the battles of the Rapidan were 
 fought — if my memory serves me correctly, andl think it does — eiitirely on corn 
 meal for a bread ration, brought mainly from the State of Georgia. 
 
 That brings me, as you requested me to name other articles of which there 
 was a scarcity, to vegetables. They were so scarce that' General Lee, when he 
 was at Cold Harbor, I believe, or perhaps a little before that period— -certainly 
 not after it — made an urgent application to the secretary of war to jiave veg- 
 etables ; that if he could only get in these rations for men who were suffering, 
 some from scurvy, some from diarrhoea, in consequence of the diet, the men 
 would be enabled to return to the field. The commissary department imported. 
 
TRIAL OF HENEY WIRZ. (U7 
 
 as the only thing they could gfit and the best thing, onions from the island of 
 Bermuda, through the blockade. These were in insu95cient quantities, but still 
 they were a great relief. Asa general rule, vegetables were out of the question ; 
 go it was also in regard to sugar, after the fall of New Orleans. ^' 
 
 Q. What can you say as to privations among the inhabitants generally? 
 
 A. As to the inhabitants of Richmond I have a special knowledge. 
 
 The Judge Advocate objected to special testimony about the inhabitants of 
 Richmond. 
 
 The WiT.VESS Grenerally, then, throughout the whole southern confederacy, 
 the privation applied to all clastses, it was a matter of great anxiety with all to 
 get enough. Municipalities and incorporated companies were all, so far as I 
 know, making ceaseless applications to the secretary of war to be permitted to 
 buy without having their supplies impressed by the commissary department. 
 They were permitted to buy in such instances, and the consequence was that 
 the buying outside of tbe schedule prices that limited us rendered it more diffi- 
 cult to obtain the provisions than it would otherwise have been. 
 
 Q. Was that privation confined to any class, or did it affect rich and poor 
 alike ? 
 
 A. They were all alike so far as I know. Of course those who were well off 
 did better than those who we»e very poor, as is always the case under such 
 circumstances, but the privation applied to all classes. The only exceptions 
 tbat I know were a few parties who had made provision against want at the com - 
 mencement of the war, and those parties who, by running the blockade or by 
 speculation, had made enough to enable them to command the necessaries or 
 comforts of life, no matter at what price. 
 
 Q. Do you know how the scarcity affected tbe hospitals 1 
 
 A. If the question is to hospitals generally, I do not know. My direct infor 
 mation in relation to Hospitals is altogether local ; I was enabled from peculiar 
 circumstances outside my official duties — which did not lead me to have any- 
 thing to do with hospitals or with any special department where food was dis- 
 tributed — to know that in the hospitals at Eichmoud they had to rely in a very 
 large measure on the voluntary contributions of individuals for such comforts as 
 the medical purveyor's office could not supply. I do not say that they had to 
 rely in a majority of instances on them, but that they had to rely upon them 
 in a very large measure I know. -^ 
 
 There were three causes of that great scarcity. O.'ie of them I have already 
 named — the general fact that the southern States, growing other staples, had 
 been in the habit of importing meat always for their own subsistence. In Vir- 
 ginia, for instance, a good deal of the meat consumed was obtaintd from Cincin- 
 nati, although Virginia itself always produced pork and bacon, but never in a 
 sufficient quantity. I do not suppose it exported any. That was one cause. 
 Another cause was the derangement in railroad transportation, which existed 
 from the beginning, and became worse and worse as the war progressed. 
 Another cause was our own depreciated currency. The depreciation very soou 
 commenced, and it increased to such an extent that numbers of holders of prop- 
 erty were unwilling to sell. The articles they had were worth more to them 
 to keep than the money they would get for them. The consequence of that was 
 the passage of an impressment law, and the consequence of that law was to pro- 
 duce hoarding on the part of the people to repress production and to make it^ 
 more difficult to obtain supplies, so that 
 
 The Judge Advocate. You need not argue the case. 
 
 The Witness. I am only recapitulating. 
 
 Q. State the causes of the derangement in your communications. 
 
 A. I was in another branch of the service, and can only speak of general 
 causes. One of the causes, particularly towards the last of the war, as affecting 
 
648 TRIAL OF HlslNBY WIRZ. 
 
 I US in Georgia, from which we drew a quantity of our supplies, was the raids 
 upon our railroads. 
 
 ~ The Judge Advocate. State what time you refer to. 
 '^~The Witness. It is very difficult to chronologize these events ; but the most 
 striking injury of that kind was in 1864, when we had a succession of raids, at 
 long intervals, but extending from Weldon — including the South Side railroad — 
 ! to Petersburg and the Danville road down to Georgia ; all around, east and west. 
 *- '' Q. State what the privations were, and whether they generally affected large ' 
 numbers of persons. 
 
 A. They affected the whole confederacy. 
 
 Q. State what the army lived on at any particular time. 
 
 A. In the spring of 1862, when our army was withdrawn from the peninsula, 
 the meat ration was reduced one-third. (To the court.) It was the usual army 
 ration, three-quarters of a pound of meat, I believe. 
 
 Q. After tijat, and down to the close of the war, how did it continue ] 
 
 A. When the army wintered from Gordonsville down along the line of' the 
 Central railroad, the rations were reduced to a quarter pound of meat per day. 
 The same reduction was ordered everywhere else. General Bragg had drawn 
 on the reserves which we had accumulated at Atlanta for General Lee's army, 
 he being unable to get a supply from Tennessee, ajpd that compelled the order 
 for reduction. The generals all remonstrated, and said they could not keep 
 their armies together on that. At last General Lee remonstrated ; his array sub- 
 sisted for some time, I do not recollect how long, on that quarter pound of meat 
 per day, which was afterwards increased to one-third of a pound ; and all hia 
 battles were fought upon one-third of a pound of meat per day. 
 
 In both years from the time he wintered on the Rapidan — in lS63-'64, and 
 then in lS64-'6.5. The bread ration was reduced at the same time. Our original 
 ration had been IS ounces of flour per day, I forget what it was in corn-meal; 
 it was presumed to.^be an equivalent. The bread ration, as I say, was also 
 reduced, and when General Lee wintered from Gordonsville on the line of the 
 Central railroad, we were compelled to give the troops coffee in order to eke out 
 the rations. We obtained the coffee by running the blockade at great expense 
 and risk. The supply of coffee was. very scarce. The quantity that the men 
 got was less than they were entitled to. I only know the fact that it was very 
 much reduced, and that only men in the field had it ; officers at po&ts, and men 
 on post duty, or at posts, did not have it. 
 
 Q. State the whole ration. You have stated bread and meat ; anything 
 else? 
 
 A. Nothing further than sugar and coffee. Occasionally the men got issues 
 of vegetables, principally rice and peas. What was the pj'ecise appoj-tionment 
 of the ration I forget. As to other, items of the rations, their supply was all 
 in reduced quantities. I cannot answer arithmetically what proportion of the 
 whole ration our men had. I should jadge— but it is a mere matter of opinion; 
 I do not say it as a fact that I cam eataJtilish ; I could not without referring to 
 documents not in my possession — but I should say the ration was less tlian two- 
 thirda of the original, the meat alone being reduced to one-third of a pound. I 
 say that cautiously ; but I am very certain that I am within bo.undfl when I say 
 it w.as less than two-thirds the full ration. 
 
 Q. How was it, with these limited supplies, as to citizens, hospitals,, pris- 
 oners, &c.? 
 
 A. Between the citizens and the army there was a constant stro^JiO to get 
 provisions. In regard to hospitals, they had the preference, as far as we could 
 give it to them. The prison hospitals also had the preference, the sisk in the 
 prison, as far as I know. Of course I know nothing, and pretend to kn<ow noth- 
 ing, about the, interior management of the prison. I only speak of the orders 
 under which we acted. The sick prisoners were expected by us to have, and, 
 
TEIAL OF HENKY WIRZ. 649 
 
 so far us I know, did have, preciaely the same as our sick. The prisoners who 
 were well received precisely the same i-ations as their guards did ; they got what 
 the soldiers who were considered as being at post, and on light duty, were 
 allowed, that is, our own soldiers. I know that was the order. My knowledge 
 extended more or less into all the other departments. I was in Eichmond, 
 very near to the various departments of th& government, for four years, and was 
 compelled to know a good deal about what was going on in those offices. I know 
 there was a deficiency in both those two great branches of the quartermasters' 
 department, to wit, railroad transportation . and wagon transportation, all the 
 way through. 
 
 Q. How was it in IS64, and up to the point in 1S65 when the war was 
 closed ? 
 
 A. It was much worse than it had been. We regarded the railroad system 
 of the south at that time as completely broken down. 
 
 Cross-examined by the Judgk Advocate : 
 
 I do not mean to say that the railroad communication between Biehmond and 
 the southwest was cut off; it was simply interrupted. I can hardly tell you 
 when it was interrupted, because events were so rapid in passing. The most 
 serious interruption that we sustained in the efficiency of railroad transportation 
 was in July, 1864, when Kautz's raid cut the Danville railroad. That interruption 
 continued, as well as 1 recollect, twenty-one days. It caught us in Eichmond 
 with nine days' rations in flour on hand for General Lee's army. The wheat in 
 Virginia was all consumed except the harvest just gathered, or in process of 
 bfflBg- gathered A lai'ge quantity of tliat wheat was shocked, standing in the 
 field. A good deal of it was uncut We had, out of that fund, to feed General 
 Lee'b army around Petersburg, at the time of the raid and subsequently. We 
 madean accumulation of fifty to sixty thousand ban-els of flowfrom that source 
 iu two months. How- long that subsisted the army, I do not recollect. I say 
 that the connection with the southwest, from' which we drew the pi-incipal part 
 of our supplies, was cut off during the summer of 1864. It was broken entirely 
 foil'- a period of twenty-one days. The connection was resumed at the end of 
 twentyoue days. It did not continue unbroken; it was unbroken for some 
 considerable time ; but it never furnished sufficient supplies for our wants. Long 
 before ourraiboad connections were broken by your raids, we had felt a defi- 
 ciency in transportation, although the roads were running. We found it impos- 
 sible to get supplies from the southwest in adequate quantities. My observation 
 was not confined principally to Virginia and General Lee's army. The armies 
 iathe southwest fared better than General Lee's army, because they were in 
 GfeOTgia, where there was more abundance. They could not draw from- the east. 
 After Sheridan's raid up the valley, which destroyed an immense quantity of 
 supplies there, and threw a large portion of that community, which had before 
 been feeding us, iato the market competing against us for supplies, our supplies 
 had to be drawn from southwestern Georgia; and then, because of the difficulties 
 of transportation, we suffered. I know only so much of the details' in the work- 
 in|f-of my department as a staff officer would be expected to k'uow, located at 
 headquarters; . ""^ 
 
 Q. With reiereaee to the subsisting of particular brigades or divisions, or 
 small armiesi you did. not pretend to know? 
 
 A. With i-efereuce to a dfetinct organization as an army, I had knowledge; 
 but- whether Major C.fed hift:brigade properly or not, was a question with which 
 I had nothing to do. If I saw that an army was supplied with what I could 
 get- for it, my droties were diechairged. The details after that I knew nothmg 
 about except ineiden-fcally; but it was not my business. 
 
 Q. For insitanee, yon would not pretead to know how the prison at Ander- 
 sonville was managed ? 
 
650 TRIAL OF HENRY WIRZ 
 
 A. On tlie contrary, I would not only not pretend to know, but 1 insist on it 
 that I do not know. I could not know. I would have been acting without the 
 line of my duty if I did know it, except accidentally; and, accidentally, I do 
 not know anything about it. I know specifically about the subsistence of the 
 federal prisoners. I am intimately familiar, or was before things had been 
 removed from my memory, with the whole treatment of the prisoners at Eich- 
 
 fmond from the fall of 1863 until February, 1864. I know nothing about Auder- 
 fonville except this: that at the time the prisoners were consuming General 
 Lee's reserve of 30,000 barrels of flour, the removal of prisoners from Richmond 
 to the seat of plenty was urged by the commissary department After a while, 
 after they had consumed the reserve, they were removed to the seat of plenty. 
 It was found to be impossible to subsist the army of the Potomac plus the prison- 
 ers, and the prisoners were sent to the place of comparative plenty, or to the 
 place of supply. I mean to say this: that I do not know that any man died of 
 starvation directly; but I do know that many men in our service lost their lives 
 in consequence of having been fed on improper and inadequate subsistence, 
 which caused them to be taken to hospital, where they died from the same cause. 
 I know that by having heard it; it was a matter of common repute. I have 
 never witnessed it, but I have heard it so as to be testimony. I think our 
 soldiers continued to fight up to the end of the war; but they fought in greatly 
 
 I reduced numbers. 
 
 By the Court: 
 Indeed I do not recollect how many prisoners we had at Richmond. It strikes 
 me — but I have a bad memory for figures — that at the time they were consuming 
 this 30,000 barrels of flour, I heard a complaint that there were 9,000 prisoners 
 there who could easily be sent somewhere else ; whether that was the whole 
 number I cannot tell ; that was not the time General Lee was at Cold Harbor ; 
 it was at Cold Harbor that General Lee made a requisition for vegetables ; it 
 was when General Lee was at Orange Court-house, Gordonsville, and that 
 country ; it was the winter preceding the campaign on the Rapidan — Grant's 
 campaign. One of the objects of sending prisoners to Georgia was to get them 
 to what was considered a good region of country ; unquestionably so far as our 
 department was concerned it was the only object we had in view ; it was known 
 in our department because we were drawing supplies from Georgia to feed Gen- 
 eral Lee ; I do not know of any orders in my department regulating the quality 
 or quantity of rations issued to prisoners in hospital ; if 1 ever knew it I have 
 forgotten it; our department was never in the habit of interfering with the officers 
 in command of posts as respects the issue of rations to prisoners; we interfered 
 to this extent, and that perhaps will answer the question : at one time the com- 
 missary department was limited by an order of the secretary of war in the prices 
 it was to pay for everything ; the commissai-y of jirisoners at Richmond bought 
 outside that order at higher prices than we paid, rendering it impossible for us to 
 obtain supplies ; then (and that was the period at which I say I was intimately 
 acquainted with the treatment of prisoners at Richmond) the commissary gen- 
 eral required that the commissary of prisoners should draw his supplies from 
 
 pjiim, and he did ao draw them ; that was the time this flour was consumed. 
 
 ^ I3uring the whole war the understanding at the head of my department was that 
 the prisoners were receiving the same rations as our soldiers were receiving, 
 except that after our rations were reduced, as I tell you they were, and we eked 
 them out with coffee, neither the prisoners or their guards, nor soldiers on light 
 duty, nor officers at posts received coffee or sugar, except the hospital prisoners. 
 If there was any difference in that respect between the rations issued to the 
 prisoners at Andersonville and the rations issued to our soldiers in the field or 
 in the garrison, I think it would have been in contravention to the understanding 
 of the head of our department. I do not know necessarily what was the under- 
 
TRIAL OF HENRY WXKZ. 651 
 
 standing of the head of my department or any particular officer ; I know only 
 generally on the subject. If so, I suppose the commandants of prisons would 
 be responsible for it; I don't know who else; my general information on this 
 subject and my particular information was that the secretary of war had ordered 
 that prisoners should receive precisely the same rations that light duty men 
 received ; I have seen that order in the secretary of war's handwriting. _ ; 
 
 Q. (By Counsel.) At the time you say that Lee's army was on the Rapidan 
 what was the number of Lee's army ? 
 
 A. I am not prepared to speak fully ou that subject, but I have always under- 
 stood that General Lee's army at the time the actions commenced there was 
 about 55,000 men. 
 
 Q. Running down a period of bow long? 
 
 A. I never inquired what was the strength of his army while it was in camp ; 
 it was only when the battles had commenced and we were considering the odds 
 and our chances under them that I did inquire. 
 
 By the Court : 
 
 Q. When alluding to the Weldon and Danville railroad being cut and inter- 
 fering with the supplies, you only allude to the supplies at Richmond, and not 
 that the southern States were affected by it 1 
 
 A. Of course not ; the southern States were affected by other raids, but not 
 by that. 
 
 ACT.S OF CRUELTY COMMITTED BY WIRZ. 
 
 October 12, 1SG5. 
 
 Robert H. Kellog, for the defence : 
 
 I was a prisoner at Andersonville. I cannot .state the number of prisoners 
 coming into the stockade there daily during the summer of 1864, while I was 
 there, with accuracy. We received prisoners nearly every day, from 100 to 800 
 or 900 — 1,100, I believe, is the most I ever remember being received in one 
 day ; that was during the summer, while the fighting of the army of the Potomac 
 and Sherman's army was going on. The prisoners from the army of the Potomac 
 as they came in, were, as a general thing, destitute of blankets, haversacks and 
 everything but the clothes they had on. 
 
 By the Judge Advocate : 
 
 I mean when they came into the stockade. 
 
 I was in the stockade from May 3, till September 10, 1864. During the 
 time I was there, I cannot say that I ever knew or heard of Captain Wirz kick- 
 ing, striking, or shooting a prisoner so that he died, that I remember. I have 
 written a book descriptive of Andersonville prison. The title of that book is 
 " Life and Death in Rebel Prisons." I left it in the hands of Colonel Chipman, 
 the judge advocate. 
 
 Cross-examined by the Judge Advocate : 
 
 Question. Did you never hear of Captain Wirz ill-treating any prisoner of 
 war in his custody ? 
 
 Answer. I do not remember any special case of ill-treatment. I speak of 
 nothing of that kind in my book, that I recollect now, not of my own personal 
 observation. 
 
 The Judge Abvocatb. I am not speaking of your observation. 
 
 Witness. I don't remember having heard it. 1 state that in my book I relate 
 no instances of personal cruelty committed by Captain Wirz, as I understood it, 
 that I recollect. I do not say that I never heard any complaint made with 
 regard to Captain Wirz's brutal treatment of prisoners. His character was cruel 
 
V. 
 
 652 TRIAL OF HENRY WIKZ. 
 
 and brutal, and we all understood that pei-fectly well. We understood that from 
 hearing his language, which was insulting and profane ; and from the general 
 treatment there in the prison. We saw that we were badly treated andnaiser- 
 ably provided for; and we naturally supposed that he, as commandant of the 
 prison, was, in a great degree at least, responsible for it ; we supposed, of course 
 that somebody was responsible for it. There was difcussion th^re ain»r>g us 
 with regard to how he would treat prisoners when they arrived and-afterward. 
 
 Q. What was said about that t 
 
 Question objected to by counsel for the accused. 
 
 The court, after deliberation, overruled the objection. 
 
 The Witness continued : I stated before that I did not recollect any instance 
 of cruelty. I have called to mind one that I do remember. It was the time 
 some of Sherman's raiders were captured, and were brought into prison robbed 
 •f nearly everything. I have seen some of them with merely a shirt and pants, 
 no hat, shoes or coat ; and I have heard statements of those men that they were 
 searched outside before they were brought into prison, and robbed of everything, 
 even their pocket-knives, photographs, pictures, and things of no value; and I 
 have heard the statement of other prisoners who have corae in there destitute 
 "of nearly everything, telling how they have been robbed of them. Captain 
 Wirz was always very rough and brutal in his mode of conducting business, so 
 far as I saw ; and he was not very choice in his selection of names for the 
 Yankees. I do not say that he did not kick, beat, or shoot to death a prisoner, 
 but I say that I do not know it myself. Well, I don't recollect now, if I speak 
 of instances of that kind in my own book. We all knew his reputation and 
 . character for cruelty ; but I do not now remember any special act I was there 
 When Chickamauga was killed. 
 
 Q. What was said about that 1 
 
 The question was objected to by counsel for the accused. 
 
 The f BKSIDENT stated that the objection involved the same question vyhich 
 had been previously ruled upon by the court. 
 
 The objection was withdrawn. 
 
 The ciT)ss-examination of the witness was here suspended on the suggestion 
 of the judge' advocate, in order that he might send for the book referred to in 
 the examination in chief. 
 
 After a short interval the witness was called and the cross-examination re- 
 eumed. 
 
 Q. State what you heard with reference to the killing of Chickamauga. 
 
 Objected to by counsel for the accused and question wiibdrawn. 
 
 Q. Am I to understand you from your answer to couasel that you did not 
 hear of certain things, that those things did not occur ? 
 
 A. No, sir ; not by any means. 
 fQ. Am I to understand that the cruelty and brutality of this prisoner was not 
 a matter of common talk and discussion among the prisoners at Audersonville ? 
 
 A. No, sir. On the other hand it was true. We all understood him to be 
 fa cruel, over-bearing, heartless man. 
 
 CONDITION OF T»H PRISONERS I.\ THE STIJCKADB. 
 
 Q. State to the court the general impression and feeling of tire camp towards 
 the organization knowji as the " regulators." 
 
 A. After these six men were hanged we had peace and quiet there for a 
 while ; but we soon began to look upon the " regulators," on a. par with, the old 
 raiders. It was on the principle of diamond cut diamond. They were about 
 the same class of men. 
 
 By CowNSBL : 
 Yes, I think the " regulators" did some good by their organization, at first. 
 I think that hanging the six laiders was one good act. 
 
TRIAL OF HENEY WIEZ. 653 
 
 Q. And you think that, like the common fault of all organized authorities, 
 they gradually deteriorated ? 
 
 A. Yes, sir ; they deteriorated very much. 
 
 the difficulty of procdrlng provisions for the rebel army. 
 
 October 12, 1865. 
 Major S. B. French, for the defence : 
 
 I reside in Richmond, Virginia. For the last two years I have been in the 
 bureau of 'subsistence at Hichmond. I have been a major on duty in the com- 
 missary department, under tlie commissary general. I was for the first two 
 years of the war with the army in the field, up to the winter of 1863-'64. 
 
 Q. Do you know anything in relation to the deficiency of supplies in the 
 army ? If so, state it. 
 
 A. I only know that while we were on the peninsula, in 1862, an order camTT 
 from the secretary of war directing that the rations should be reduced from 
 three-quarters of a pound of bacon to one-half a pound, it did not afiect the 
 other parts of the ration. We had bacon and flour as a general thing at that 
 time, coffee and sugar — only half rations of cofi'ee though — salt and vinegar in 
 small quantities, and occasionally soap, very rarely. The supplies diminished, 
 of course, as the war progressed. In the winter of 1863-'64, the army were on 
 a ration of a quarter of a pound of bacon or a bound of beef for some time. 
 Finally the ration was increased to a third of a pound, and during the campaign 
 of 1864 it continued at a third of a pound. The latter part of the campaign they 
 were compelled to reduce the ration of bread to a pound of meal or a pound of 
 flour. We very rarely had any flour though. 1 
 
 Q. Do you know anything about the deficiency of vegetables ? 
 
 A. I know that during the summer of 18G4 General Lee wrote a letter to 
 Mr. Seddon, the secretary of war. 
 
 The Assistant Judge Advocate. You need not state anything about the 
 contents of that letter. 
 
 Witness. The secretary of war sent for me to come over to the war depart- 
 ment. He showed me the letter. In consequence of that letter, he sent a tele- 
 gram to Wilmington for the purpose of ordering any vegetables from Bermuda, 
 not being able to procure them otherwise. Tfiat was done to a very limited 
 extent. We could not obtain those vegetables from any other source ; otherwise 
 we would not have ordered them brought. 
 
 Q. State what you know in relation to the deficiencies in your department 
 generally. 
 
 A I know that at the city of Richmond we were frequently without more 
 than a day's ration on hand, and I think I am safe in saying that for the five 
 months preceding the evacuation, we never at any one time had more than ten 
 "flnys' supplies on hand for the army of General Lee and the subsistence of 
 prisoners. When I speak of supplies I speak of it in limited quantities, the 
 regular ration that had then been ordered ; the ration varied, of course, as to 
 bi^ead and iii«at. It was about two-thirds of the regular ration of meat and one- 
 fifth of bread. It was the desire at one time to make up the deficiency by an 
 increased ration of bread, but we found it impossible — we could not do it. ^ 
 
 Q. Do you know anything about the consumption by Union prisoners of a 
 quantity of flour reserved for Lee's army ? If so, state it. 
 
 A. 1 know that during the winter of 1863-'64 we deemed it very important 
 that we should retain as far as practicable on hand for the spring campaign 
 which we anticipated, in fact it was at the instance of General Lee that we did 
 it, but in consequence of the impossibility of getting supplies from the south, 
 owing to the railroads being engaged, we had to consume this reserved flour for 
 
654 TRIAL OF HENRY yflRZ. 
 
 the subsistence of Union prisoners then stationed at Richmond. When that 
 was consumed Lee'a army subsisted solely and entirely upon corn-bread during 
 the summer. The supply of that was deficient of course, because we had to 
 reduce the ration from a pound and a quarter of meal to a pound, and General 
 Lee very frequently complained of the reduction. 
 
 Q. Do you know anything about a discussion among the officers of the war 
 department, or the government generally, in relation to sending Union prisoners 
 south ? If r^o, state it. 
 
 A. I only know that the commissary general was exceedingly anxious upon 
 the subject of the transfer of prisoners to the south where they would be more 
 readily subsisted. In fact he stated that if they remained in Richmond the rail- 
 road transportation was not sufficient to subsist them therein addition to the army 
 of General Lee ; and he was desirous that they should be sent where they could 
 be more readily fed. 
 
 The discussion was sometime previous to their removal. 
 
 Q. Do you know anything about the subject of supplying fresh meat or things 
 of that kind ? 
 
 A. T only know that the supply had been entirely consumed ; we would never 
 get sufficient for a day's ration of anything of that kind ; it was only to be had 
 in very limited quantities. 
 
 Q. Do you know whether the inhabitants suffered in the same way as the 
 army '( 
 
 A. I know of no individual cases ; I could only speak from mere rumor. I 
 know that frequently there were referred to the office of commissary general 
 letters received from the commissioners of different counties and towns asking 
 that certain amounts might be set aside for the subsistence of their inhabitants, 
 that they might not be compelled to draw upon them for their tithes — that there 
 was not food sufficient to supply the inhabitants. 
 
 Cross-examined by the Assistant Judge Advocate : 
 I served in the array then commanded by General Johnston, the army ef 
 northern Virginia, in the years 1861 and 1862. I was ordered to the bureau of 
 subsistence in 1863, and continued there until the close of the war. My duties 
 were general. They did not confine me to the city of Richmond. I was not 
 assigned to duty at any other point. It was not my duty to go to any other 
 point. The vegetables I have spoken of as being ordered from Bermuda were 
 for General Lee's army exclusively. The ration during the peninsula campaign 
 of 1862 was not reduced in anything but bacon. I think the order was general for 
 \ all the armies. It was issued by the secretary of war; I understood the increase 
 from a quarter of a pound to a third of a pound in the winter of 1863-'64 was gen- 
 eral. When I spoke of the rations in Richmond seldom being sufficient for more 
 than one day and never for more than ten days, and when I spoke afterwards 
 in reference to two-thirds of a ration of meat and one-fifth of a ration of bread 
 which could not be made up, I did not intend to embrace in my answer any 
 other rations than those issued to the army in Virginia. The flour I have 
 spoken of as being necessary to retain in the winter of 1864 for the spring cam- 
 (paign, was retained at Richmond for Lee's army. 
 
 Q. You say that the railroads were in such a condition as to prevent supplies 
 of flour and other articles from being sent to Richmond ? 
 
 A. Supplies of corn I should say ; we did not draw flour from any southern 
 State, except in very small quantities, because it was not raised there as a general 
 thing. The want of facilities to transport corn was what made the corn scarce ; I 
 think entirely so. It was in the winter of 1863-'64 that the commissary general 
 thought that the prisoners had better be sent south. I think there was a very 
 large number of prisoners in Richmond at that time ; I think all of them, or very 
 nearly all, were sent away ; I do not know how many were sent away; I know 
 
TRIAL OK HliNRY WIRZ (555 
 
 that some were sent away merely by the general statement ; 1 never saw any 
 of them in transitu. I do not know whether the prisons at Richmond were 
 emptied at any one time ; I do not know that they were not ; my impression is 
 that very nearly all of the prisoners were sent away some time during the spring; 
 of 1SG4; I am not positive about the time, I think it was during a portion of 
 the time Grant's army was in front of Richmond. I never in the line of duty 
 visited the southern States. I do not of my own personal knowledge know 
 anything in regard to the supply of vegetables in the southern States, the growth 
 of vegetables in the country surrounding Andersonville, or the growth of any 
 particular article? of food or subsistence. The scarcity of supplies was consid- 
 ered general with us. The ration of bacon was reduced at one time to half a 
 pound, but subsequently increased from a quarter to a third; I think that was 
 general. The meal ration was increased to a pound, and I think that was gen- 
 eral. There was no reduction that was general, because that was about all that 
 composed the ration ; during the last one or two years of the war we did not 
 have sugar and coffee. The ration was composed then of a third of a pound of 
 bacon and a pound of meal or a pound of beef. In reference to vegetables I do 
 not know anything except so far as regards the issue to Lee's army. I did not 
 have anything to do in my office with furnishing supplies for Andersonville. I 
 do not know anything about those supplies. 
 
 By the CoijRT : 
 
 I do not know whether the reductions of which I have spoken were in force 
 at Andersonville. The corn meal was furnished to General Leo's army un- 
 bolted. 
 
 (By Counsel.) I understood that the ration issued to our army was the 3ame\ 
 as that issued to the federal prisoners. I learned that in the way of my business,! 
 
 (By the Assistant Judge Advocate.) In reference to that, I know nothing 
 except what I heard the commissary general say. 
 
 By the Court. 
 
 If there was any rediiction in quality or quantity of the rations issued to the \ 
 prisoners at Andersonville, it would, as I understood, have been in violation of 
 existing order. If so, I should think the officer in charge of the prison would 
 be responsible if he knew the facts. I have said that I was never at any time 
 able to get more than ten days' supplies for the army ; we were very ofteny 
 without a day's supplies. 
 
 Q. And the army then went without anything 1 
 
 A. Very often, at the city of Richmond. 1 saw on one or two occasions a 
 despatch from General Lee that he had no provisions on hand, and he told me 
 himself, in frequent conversations which I had with him during the winter of 
 1863-'64, that he was frequently prevented from making movements owing to the 
 fact of not having subsistence furnished to his men. 
 
 Q. He might not have sufficient subsistence for his army to go on the march, 
 but the question is, whether they were on any one day without sufficient sup- 
 plies ? 
 
 A. No, sir : it was remedied as far as practicable — in frequent instances by 
 application to the citizens of Richmond — going around and borrowing supplies 
 of them. 
 
 That army got supplies every day except the days which I mentioned, when 
 Oeneral Lee telegraphed that his army had been without meat, but I think he 
 had bread every day. 
 
656 TRIAL OP HENBY WIRZ. 
 
 MEDICAL TESTIMONY. 
 
 'jhe authority of captain wirz over the hospital. 
 
 October 12, 1865. 
 Dr. G. G. Roy, recalled for the defence : 
 
 I arrived at Anderaonville on the 1st of Septemher, 1864, and was put on duty 
 on the 6th of September, 1864. I remained there until the winding up of the 
 place. I was there until about the last of April or the 1st of May. I was 
 there under General Wilson's instructions for three or four weeks ; I then had 
 charge of the hospital. I never while at that hospital knew Captain Wirz to 
 take any prisoner away from the hospital for any purpose whatever — n^t 
 unless he wished to parole him for work outside. If a prisoner requested to 
 be outside, Captain Wirz very frequently did so ; for instance, if the man 
 was a shoemaker or anything of that sort ; I have known several occasions 
 when prisoners who had been paroled were detailed by him outside for that 
 
 r^urpose, as the prisoner desired it. The rations for the hospital were drawn 
 through the chief surgeon. The chief surgeon made requisition directly upon 
 the commissary, and the commissary furnished the rations. Capain Wirz had 
 
 , nothing whatever to do with that. The sick were removed from inside the stock- 
 ade to the outside before I went there. I found when I arrived at Anderson- 
 ville a number of boys in the hospital ; most of them were detailed to act in 
 some capacity as nurses or attendants in the hospital. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDERSONVILLE IN THE SUMMER OF 
 
 1864. 
 
 During the month of September Captain Wirz was sick; I did not see him 
 except on one occasion ; that was at his house. I was called to take charge of 
 a number of assistant surgeons to go and attend a collision that occurred, which 
 happened just about half a mile below Captain Wirz's house. He was sick two- 
 thirds of September, if not all of it. During that month he was sick most of 
 the time ; in other words he was not on duty. My going to his house was alto- 
 gether accidental ; I did not attend him professionally, but I had to pass there in 
 going a half mile below his house to reach this train that had run off the track. 
 There were a number of killed and wounded. I stopped at his house, and, if 
 the court will excuse the expression, I took there a drink of whiskey and a cup 
 of coffee. He was not in bed ; he was unable to be at his office in Anderson- 
 ville. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 p. 
 
 I have sometimes in the hospital dressed the wounds of men who had been 
 injured, but generally my assistant did that. I never dressed one who had been 
 wounded with a pistol or a revolver there at Andersonville ; I never knew of 
 
 I any such case ; 1 never knew or heard of Captain Wirz shooting or beating a 
 
 Lman to death while I was at Andersonville. 
 
 WIRZ's ABILITY TO USE BOTH HIS ARMS. 
 
 I had knowledge of the condition of Captain Wirz's arm while I was at Ander- 
 sonville; I saw it often. I tried to treat him, but he would not let me do so; 
 not, I believe, because he had not confidence in my treatment, but bethought it 
 might get well of itself; that was his expression. 
 
 The prisoner at the request of Mr. Baker removed a portion of the coveriug 
 i'rom his right arm. 
 
 Q. Examine the prisoner's arm and see what is its present condition, and state 
 what was its condition then as compared with its present condition ? 
 
TRIAL OF HENEY WIKZ. 657 
 
 A. (Witness having made an examination.) In a few days after I got to 
 Andersonville I saw Captain Wirz's arm ; 1 examined it and advised him to 
 let it be treated ; I did not want to advise him, being a stranger to me, to let 
 me treat it, but I told him it ought to be treated. He always carried it wrapped 
 in a towel. It is now as bad as it was the first day I saw it. I could not give 
 an accurate answer as to whether it is any worse now than it was then, because 
 I did not just now take off the cloth that enclosed the ulcer. I looked upon it 
 as aigangrenous ulcer. I observed the condition of his hand ; I saw him every 
 day. Those two fingers, ever since I have known him, have been disabled as 
 they are now. From my knowledge of his arm and my professional knowledge, 
 I do not think he would be able to strike a man and knock him down with 
 that arm. I should not think he would be able, in any way, to strike a man 
 down with anything in the hand of that arm. He might defend himself with 
 that arm in its disabled condition, in a certain way ; I mean he might feebly 
 defend himself, but it would not be such a defence as I would like to have. I 
 think he could not with that arm or hand grapple or shake any one. I have 
 not seen Captain Wirz's left shoulder; I have not examined it. 
 
 SHOOTING OF PRISO.\ERS BY THE GUAEDS. 
 
 I never knew or heard of any confederate soldiers getting a furlough for 
 shooting a Union prisoner while I was there. ,i 
 
 Cross-examined by the Assistant Judge Advocate : 
 While at Andersonville I had nothing to do with the camp whatever. My 
 headquarters, as I called them, were in the hospital, and my house, where I 
 resided with my wife and children, was about two miles off. I was often in 
 company with Captain Wirz, socially. We did not have quarters near each 
 other ; his quarters were upon the opposite side of the depot and mine were in 
 the hospital. Our quarters were at least half a mile apart. We met about 
 1 o'clock every day in this way : I would go from my quarters about the time 
 the mail came down from Macon, and Captain Wirz and I would meet at the 
 depot looking for our mail. I was not with him except on certain occasions, 
 which I can mention. I can remember some other occasions when I met him, 
 besides at the depot ; but so seldom that they did not impress me. I would 
 Bay to the court that I rented a house two miles from Andersonville, and I had 
 there my wife and children. I usually visited the hospital between eight and 
 nine o'clock. I always had an officer of the day, who was responsible for the 
 administration of the hospital during the day and night. In coming to the 
 hospital I did not go by Captain Wirz's headquarters by nearly a quarter of a 
 mile. I went directly to the hospital and attended to my duties. Very fre- 
 quently I would stay there after I got through my duties, to see the prisoners 
 play cricket, and things of that sort, just to look at their amusements. I very 
 seldom saw Captain Wirz except at the depot. 
 
 wirz's ability to use both his arms. 
 
 I never saw Captain Wirz engage in any effort to defend himself against 
 attacks of prisoners or anything of the kind. I have never seen him defend 
 himself in any respect. I have never seen him in any belligerent motion what- 
 ever. My opinion with regard to the disability of his arm is simply a scientific 
 one ; judging from its nature and appearance, that it would not be a very 
 serviceable arm in such a contest, and that is all I know about it. I judge 
 from the knowledge of the nature of the wounds ; I do not know anything about 
 what caused that wound. I have not any idea. In September, 1864, I first 
 examined that arm ; I cannot say what part of the month ; I don't recollect. 
 I examined it under very peculiar circumstances. It might not have been as 
 H. Ex. Doc. 23 42 
 
658 TRIAL OF HENEY WIEZ. 
 
 late as October. I examined it at General Winder's headquarters. General 
 Winder had a rising, as he called it, in his ear, and I went up to examine it; 
 Captain Wirz was up there and I at the same time examined his arm. I can- 
 not recollect the date. I cannot answer as to whether it was one, two, or three 
 weeks after I reported for duty. I never knew anything about the prisoner's 
 breaking his arm. I think the prisoner never broke his arm, I never heard 
 that a*; Andersonville. He was connected with another prison. If they had 
 done it at Richmond while he was on duty there, I had no knowledge of it what- 
 ever. From the examination I made at the time, T could not state that it was 
 a fracture; 1 could not state whether it was the result of a gunshot wound or 
 not. The prisoner did not positively decline to have me treat it, saying that 
 it would get well of itself. He is a doctor himself; and he remarked that he 
 thought he could treat it. He has two diplomas which I have seen. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM AN UERSONVILLK IN THE SUMMER OF 
 
 ]S64. 
 
 Captain Wirz's headquarters, when I first arrived at Andersonville, were in 
 a tent adjoining Dr. White ; I met him very frequently then because I had to 
 pass right by his tent door to go over to the depot. I cannot answer how long 
 that tent was there ; it was there a week and a fortnight : I think, probably a 
 month ; it was in the month of September. I met him very seldom, because he 
 was brought in in an ambulance; he came to his office to look over his records, 
 and was carried dii-ectly back. I cannot say if that was the case during k\\ 
 that month ; it was so, so far as my knowledge goes, most of the time during 
 that month. 
 
 Q. When you say that he was sick, you do not mean to say that he was so 
 sick that he did not come to camp ? 
 
 A. He came there. He was reported as being unfit for duty by the surgeon 
 who was attending him ; I believe it was Dr. White or Dr. Stevenson. So far 
 as I know he did not come in camp every day in an ambulance. Let me make 
 an explanation. Captain Wirz occupied lialf of a house owned by a man named 
 Boss ; about two miles from Andersonville. During the month of September 
 ho was most of the time unable to perftnm any active military duty. There 
 was no one, so far as I know, to occupy his place in his office, because his duties 
 were very peculiar; and he came down in an ambulance whenever he was able, 
 whenever his fever was off him or whenever he was able to look over his list, 
 which was made out by a man named Martin, who was a paroled federal prisoner 
 and who was his clerk. 
 
 By the Coukt : 
 I cannot tell how often he would come ; he would come probably once a week 
 in one week, and probably twice the next week. 
 
 By the Assistant Judge Advocate : 
 I do not know of my own knowledge the days when he staid away ; I 
 judge from my personal knowledge. I do not know during the month of Sep- 
 tember when he did not come ; 1 am not a chronicler of time. In September 
 no one was assigned to his duty ; his clcik, Maitin.had control; in other words, 
 he exercised the power ; I do not know that he exercised the whole power. I 
 know that he had a cleik there, and he was a federal prisoner. I know that 
 he performed a. part of Captain Wirz's duties, but I do not know that he did 
 all. He performed simply clerical duty, so far as my knowledge goes. 
 
TRIAL OF HENRY WIRZ. 659 
 
 the rations. 
 
 October 12, 1865. 
 James W. Armstrong, for the defence : 
 
 I reside in Macon, Georgia. The two last years I have been a commissary 
 officer in the wervice of the confederate government with the rank of captain ; I 
 was at Andersonville. My duties there were to receive stores and issue them 
 to prisoners and troops, and to do anything else that came into my department. 
 I went there on the 31st of March, 1864, and remained there until the Ist day 
 of August, when I left, although I was responsible, I suppose, until the 21st of 
 August. I was there again from the 10th of December until the collapse of t]ie' 
 confederacy. When I first went there until August 1, the issue of rations to 
 the prisoners, generally speaking, was bacon, corn-meal, peas, salt. The ration 
 of bacon was one-third of a pound ; of beef, one pound ; of sirup, six gallons to 
 the 100 rations ; of meal, one and one-fourth pound to the ration ; of vinegar, 
 when issued, one gallon to 100 rations ; salt, three pounds to 100 rations ; soap, 
 two pounds to 100 rations. The ration of the confederate soldier was the same. 
 The ration was altered, I think, on the 9th of August. The order was made 
 then to issue of beef one-half pound, of peas one-half pound, of meal one-half 
 pound, or rice in lieu of peas, salt, soap and other things. Generally, while I, 
 was there, there was not any difference — not at first. "^ 
 
 I can recollect several boards of survey. They always condemned rations^ 
 there. Captain Wirz had nothing to do with commissary supplies there at all. 
 He had to receive them after the 14th of July, I think. Once he made a re- 
 monstrance in relation to them that I remember. I received all my orders from 
 my superior officer in the commissary department. I issued those rations until 
 July 14th to Captain R. B. Winder, quartermaster; after that time to Captain 
 Wirz. The requisition from Captain Wirz to me was the ordinary provision 
 return, known as form 13. Captain Wirz would generally furnish me with the 
 number of men only. Drawing every day, of course, there would be that num- 
 ber of rations ; and the requisition was filled out by myself or clerks. I would 
 fill it out by my orders, and by knowing what I had on hand to issue. There 
 was a government regulation to fill out the quantity as I had it. I was very 
 much troubled with reference to transportation and getting the ration out ; at 
 first to a great extent. In fact it took nearly all day, and very often quite all 
 day, to get it out — I mean to haul it away from the commissary building. The 
 requisitions were generally made by Captain Wirz between 11 and 12 o'clock 
 in the morning. There was nut a great deal of difficulty in regard to getting 
 the supplies from the sources from which I drew them. 1 was troubled very 
 much for storage room, and could not accumulate a stock on hand. At first I 
 occupied a room some 70 feet by 30, until some time in July ; after that I occu- 
 pied a house, I suppose 130 feet by 30. We would generally have on hand no 
 more supplies than two or three days' rations ; we were issuing to about 36,000 
 or 37,000 men. It was my endeavor to always have rations on hand for that: 
 number; I generally succeeded. The meat was generally very good when I 
 received it. I never had any trouble on the subject of obtaining it; if I could 
 not obtain meat I could obtain sirup in lieu of it ; I could not always obtain 
 ftesh meat when I wanted it. There was not any corral there containing aj 
 large number of horses and mules connected with my department, and I do. not 
 know what horses and mules the quartermaster had ; if any corral had been 
 there I think I would have known it. 
 
 THE absence OF CAPTAIN WIBZ FROM ANDERSONVILLE IN THE SUMMER OF 
 
 1S64. 
 
 I think Captain Wirz was sick— I know it, in fact— in July, but how long I 
 cannot say ; he was also sick in August. I was not there in September; m 
 
660 TRIAL OF HENRY WIRZ. 
 
 July, at the time I allude to, he was out of his head ; at least it was so con- 
 sidered. He was at his house at the time; I have no idea how long he was 
 away from his post. Captain Wirz's quarters were three- fourths of a mile away 
 from mine, and in a direction which I never went ; therefore, I very seldom saw 
 him. I recollect Lieutenant Davis being on duty there. I cannot form any 
 opinion as to how long he was there in command ; I think, however, it was a 
 very short time. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 r 
 
 ' I never knew or heard of any confederate soldier getting a f arlough for shooting 
 . a Union prisoner. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I never knew or heard of Captain Wirz shooting, kicking, or in any way 
 injuring a Union prisoner while I was there. 
 
 THE RATIONS. 
 
 Cross-examined bythe Judge Advocate : 
 I reported to Colonel Persons, commanding the post at Andersonville. I was 
 there from April until August ; I left there sick on the 1st of August. Major 
 Proctor was sent there to carry on the business in my name until the 21st of 
 August, when I returned, I turning over to him what stock he had. Then 1 
 went away again and remained absent until the 10th of December, when I took 
 charge of the commissary department at Andersonville again, relieving Major 
 Proctor. The rations were delivered either by myself or by the issuing clerk 
 to the commissary sergeant of the regiment. I had nothing to do with the de- 
 livery of rations to the prisoners. Up to the 14th of July all the rations issued 
 were delivered to R. B. Winder, or to his sergeants for him, and they were left 
 subject to his control ; after that time I issued them to Captain Wirz's sergeant, 
 funder his direction, of course ; the sergeant was appointed by him. Captain 
 Wirz had charge of the rations from that time, and beyond that I had no re- 
 sponsibility whatever. I do not pretend to know whether the rations issued by 
 me were actually delivered to the prisoners. 1 was not troubled so much about 
 procuring rations as I was from obtaining transportation and wanting storage 
 room. 1 never was at any time so short that I could not issue to the pris- 
 oners. In three or four instances I issued rice instead of cornmeal ; but I always 
 made up the rations. I never found it necessary to diminish the rations, except 
 by substituting one thing for another. 1 always had a plenty to issue, and the 
 only difficulty I had was in respect to storage and transportation. It was a 
 general complaint, the transportation being short, but even then I was not obliged 
 to withhold the rations from the prisoners ; I could always substitute something 
 in lieu of it. Until July I issued these rations for the prison on the return of 
 R. B. Winder ; after that time on the return of Captain Wirz, with the approval 
 of the commandant of the post ; that was Lieutenant Colonel Persons, Colonel Gibbs 
 and General Winder. These returns never called for double rations ; two returns 
 were made for the prison — one for the prison proper, calling for a single ration 
 for each prisoner of the post, not in the hospital, and the other being a return 
 for extra duty men. When prisoners were at work they received double rations. 
 The returns showed so many persons on extra duty, and I issued the rations — I 
 issued a single ration. My understanding was that the extra duty men were 
 included in the return from the prison proper, and also in the extra return, and 
 by that means they got double rations. In issuing these rations I supposed the 
 returns to be correct ; I had no other means of ascertaining it except the ap- 
 proval of the commandant of the post. I do not think that at times I issued 
 
TRIAL OK HENRY WIEZ. 661 
 
 rations, to 36,000 prisoners — to about 33,000 for the prison proper. I do no^ 
 remember to how many for the hospital. I issued rations to Captain Winder 
 and Captain Wirz by orders from the commissary general ; R. B. Winder was 
 at that time quartermaster I do not pretend jto say that there were no horses 
 or mules kept there at all^ — I did not say any such thing; I understand a corral 
 to be a lot full of horses ; there was a place for horses there. I was asked 
 whether there was a corral of horses and mules there. There was a place set 
 apart there for horses and mules. There were horses and mules in it. 
 
 By Counsel : 
 They were generally known as the government stock, kept there for the use 
 of the post. They were private horses most of them. I understood that Cap- 
 tain Winder employed his teams from private parties. 
 
 By the Court : 
 
 I issued rations to the prisoners day by day until March, 18o.5; they were 
 issued in the morning for that day. It was not in the same way I issued rations 
 to the troops ; they were isaued for from one to seven days. I did not issue to 
 prisoners in the same way because we had not rations enough to issue such a 
 quantity at the time, nor had we a place to store them ; I do not think I could 
 nave issued two days' rations. I generally got the requisition between 11 and 
 12 o'clock in the morning. It very often took them until sundown to get all 
 the rations out ; some of the rations might run into the next day. That was 
 changed after a while, and we issued one day for the next day ; but at first they 
 drew day by day. 
 
 Q. I want to know if it would not have been more humane to issue rations a 
 ..■day in advance ? 
 
 A. During the latter portion of the time they were issued one day for the 
 . next. I cannot say how long before the system was changed — probably a month 
 OT more. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 By the Judge Advocate : 
 I was not familiar with the business going on at Captain Wirz's headquarters, 
 or at the headquarters of the commandant of the post. I would not know any- 
 thing about the granting of furloughs if there had been any granted. 
 
 the charges of murder against wirz. 
 
 While I was there, prior to August, I was not familiar with Captain Wirz's 
 ■conduct. After that time I became more intimate and better acquainted with 
 Captain Wirz. Up to August I knew very little about him ; I visited Captain 
 Wirz's house. I knew his family and I occasionally called in passing by ; I 
 cannot say that I placed myself on intimate relations with the family. 
 
 THE absence of CAPTAIN WIRZ FROM ANDERSONVILLE IN THE SUMMER OF 
 
 1864. 
 
 r cannot say positively that the time Captain Wirz was absent sick, leaving 
 Lieutenant Davis in command, was in July, 1864 ; I do not think I said it was 
 in July. I said that Captain Wirz was sick in July, but I do not know what 
 time Lieutenant Davis relieved him. Between the 1st and 21st of August I was 
 there two or three times, but I did not assume any duty. I said that Captam 
 Wirz was sick in his house, in July, and out of his head ; I am very con^dent 
 that it was in July. I do not know if that was the time that Lieutenant Davis 
 -was acting in his stead. I am not certain if it was during a protracted sickness. 
 T do not know what was the occasion of Captain Wirz being out of his head. 
 
662 TKIAL OF HENEY WIEZ. 
 
 MEDICAL TESTIMONY. 
 
 October 12, 18C5. 
 Dr. John C. Bates, recalled for the defence : 
 
 I was at Andersonville from the 22d Septemher, 1864, till the 26th March, 
 1865. 
 
 THE RATIONS. 
 
 My impression is, so far as I observed it, not paying any special attention to 
 it, and not being an adept in measurement, that the storehouse was 150 
 or 200 feet long, 30 feet wide and 8 feet beam, perhaps. At least one-third 
 of it was occupied by quartermasters' office^. Perhaps 75 or 80 feet were appro- 
 priated for the main storehouse. I never saw the storehouse one-third full, 
 neither did I ever see it empty. 
 
 TREATMENT OF THE felCK. 
 
 ■ I may say that we had no medicines. We were not permitted to prescribe 
 regularly, only by numbers, and they were decoctions of indigenous herbs and 
 bark. They were numbered. For a scorbuta case we would order specific No. 
 14 or 24, as the case might be. I do not know of sick or wounded prisoners 
 being brought to the hospital from other places than the stockade. I have seen 
 some few prisoners arrive at Andersonville who were sick or wounded. Some 
 of the men had been reduced, some ragged, some sick, and in fact some dead or 
 dying, when they came there. I did not see many, however, in that condition, as 
 1 was not much about the depot or headquarters. 
 
 ( I saw some few instances of neglect on the part of the nurses. I stated before, 
 when I was on the stand, that in making out my morning reports I would make . 
 my calculation for the amount of commissary supplies ; that there was a suffi- 
 ciency. Nevertheless, I negatived that by saying that I was not sure they got 
 it. On one occasion I detected fourteen loaves of bread that were being kept 
 from the prisoners. It was what was known as Father Whelan's bread, which 
 he had placed under my direction. Two men named Delaney and Hennesey 
 had been selected by Father Whelan to distribute the bread. They appropri- 
 ated on one occasion fourteen loaves. It was in the spring of 1865, and I was 
 officer of the day. I went to every wardmaster and inquired the number of 
 loaves he had for his ward. I then went to the head distributor and found out 
 the number of loaves issued to each ward, and the returns corresponded. 
 "Now," said I to Delaney and Hennesey, " I have the returns from headquar- 
 ters and I find there are fourteen loaves missing. Those loaves must be 
 accounted for. You cannot wrong the patients out of their rations in that way ;. 
 I will step out for a moment, and the loaves must be produced." I .absented 
 myself for a moment, and when I came back the fourteen loaves were produced 
 and were distributed among the sick. I reprimanded one of the litter-bearers- 
 one morning, and he promised to do better in the future. Next morning I found 
 that there had been a dead man lying in front of his tent for twenty-eight or 
 thirty hours. I sent for the head of the litter-bearing squad and told him that 
 this was the second time in which I found a neglect of duty on his part, and 
 that I could not tolerate it any longer. I said, " I do not want to send you into 
 stockade, but you must go up the gate and mark time for thirty minutes " 
 That was the only punishment inflicted upon him for suffering that dead body 
 to lie there for thirty hours. 
 
 I was some time on duty in the fifth division of the stockade. That was the 
 best division at Andersonville. It was under the immediate charge and care of 
 Dr. Mudd, a very efficient officer. I strove heartily to get with him, believing 
 him to 'be a man with whom I could work. He had the best hospital there and 
 made the best provision for his men. I did not see any other division in the.- 
 stockade ; only the one. 
 
TRIAL OF HENRY WIKZ. 
 
 VACCINATION. 
 
 Q. What would you say as to the scorbutic condition of prisoners in reference 
 to tlie effect of vaccination upon them ? 
 
 A. When I saw them first in September, 1864, their condition was such as^ 
 to cause me to reflect much professionally as to whether I should vaccinate 
 under these circumstances. Vaccination virus is a poison even on the normal 
 system. The Insertion of it sometimes in the normal system produces danger- 
 ous and deleterious effects. It is a poison at best. Considering the depravities 
 of scorbutic disease in the system of those prisoners, the slightest abrasion of 
 skin producing gangrene, even without the insertion of virus, I should have 
 considered vaccination very dangerous. That is but a laconic view of my 
 professional opinion in reference to the men there and vaccination. My atten- 
 tion was called one morning to a young gentleman who had been sleeping with 
 his comrade. His comrade throwing his arm back, struck him with his elbow 
 on the cheek, bringing his cheek between the elbow and his own teeth, breaking 
 the skin inside. In three hours gragrene was active, and in three days the man 
 was dead. After getting the wound he could not masticate or swallow. That 
 is a pretty fair indication of the condition of the prisoners. There were some 
 two hundred and forty-eight or two hundred and fifty men detailed as nurses in 
 the hospital. They were well men, calculated to perform that duty. But as 
 to the men generally brought there as patients, that was a pretty good index as , 
 to their condition. 
 
 TRADING BETWEEN THE CONFEDERATE TROOPS AND THE PRISONERS. 
 
 I have seen some trading between the confederates and Union prisoners ; it 
 was a notorious fact. They traded pretty much all the time when they had any- 
 thing to trade ; clothing, something to eat, &c. 
 
 CAPTAIN WIRZ AFFORDS FATHER WHELAN EVERY FACILITV IN VISITING THE 
 PRISONERS AND RELIEVING THEIR WANTS. 
 
 In the fall of 1864 Father Whelan came to me and asked me if my name 
 was Dr. Bates. I said " Yes." Said he, " You are the man I want; I want you 
 to have- Hennesey and Delaney appointed for the distribution of the bread. I 
 have bought 10,000 pounds of flour, and I will put it in the hands of Captain 
 Wirz, and I want you to see to the proper distribution of it." I told him I would 
 do so whenever 1 had an opportunity. 
 
 THE ABSENCE OF CAPTAIN WIRZ FROM ANDERSQNVILLE IN THE SUMMER OF 
 
 1864. 
 
 I do not know anything about the sickness of Captain Wirz or his absence. 
 I think that when I saw him in September, he was poorly ; he looked feeble. 
 
 THE SUPPLY OF VEGETABLES NEAR ANDERSQNVILLE. 
 
 The country around about Andersonville was a very poverty-stricken section 
 in my estimation. It would take eight or ten acres to raise a bale of cotton, 
 and I suppose that it would not produce more than four or five bushels to the 
 acre. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I never heard of Captain Wirz shooting, beating, kicking, or otherwise mal- 
 treating Union prisoners while I was at Andersonville. 
 
664 TRIAL OF HENRY WIRZ. 
 
 SHOOTING OF PRISONERS BY THE OUAKD. 
 
 I never knew of any confederate soldier getting a furlough for sliooticg a 
 Union prisoner. 
 
 Cross-examined by the Assistant Judge Advocate : 
 I only know about the granting of furloughs so far as I myself was concerned. 
 1 would not know anything about Captain Wirz granting furloughs if he did so ; 
 I I never interested myself about any other furloughs than my own. 
 
 THE ABSENCE OF CAPTAI.V WIRZ FROM ANDERSONVILLE IN THE SUMMER 
 
 OF 1864. 
 
 Captain Wirz was never absent from duty when he was sick, to my know- 
 ledge. 
 
 Q. You spoke of Captain Wirz looking feeble at one time ; for how long a 
 time was that his appearance? 
 
 A. Well, sir, I did not see him for some time after that. I did not make it 
 an object to go over. I saw him occasionally after that, and he looked better. 
 Captain Wirz I suppose began to improve perhaps in October ; I did not see 
 him very often. I do not know whether he was ever released from duty be- 
 cause he was sick ; I never saw anything to indicate that. 
 
 A COMPARI.SON BETWTEEN ANDERSONVILLE AND OTHER REBEL PRISONS. 
 
 By Counsel : 
 
 I was connected with two other prisons than at Andersonville ; one at Macon 
 and the other at Petersburg. 
 
 Q. What was the condition of those prisons as compared with Anderson-' 
 ville 1 
 
 A. I am a little touchy on that subject; it is a vital point with me, and I 
 want you to make proper allowance if I should say anything which might be 
 considered rash or exaggerated. Comparing the Macon prison with that at An- 
 dersonville, I would prefer Andersonville at the time I was in it. 
 
 We had very coarse corn-bread, with v.'atered sorghum, once in 36 hours 
 at Macon, and were very lousy. 
 
 By the Assistant Judge Advocate : 
 
 I was arrested on the 16th of August, 1S64. I was imprisoned on the even- 
 ing of the 16th, marched the next morning for Petersburg. When I had this 
 coarse corn-bread and sorghum I was a prisoner of war. I do not know now, 
 by whose authority I was imprisoned, but I propose to find that out before I go 
 back. A rebel lieutenant arrested me. I was released on a writ of habeas 
 corpus issued by Judge Johns of Petersburg. I did not enter tlie rebel service 
 after I was released. I did not then commence the practice of medicine in the 
 hospital. I was released on the 6th of September, and reported to Dr. Stout 
 that 1 was happy to inform him that Dr. Bates was all he ever pretended to be, 
 and that as an act of justice he had to treat me as a gentleman. He said he 
 would do it. I was in the city hall hospital at Macon when I was arrested. I 
 had gone there at the solicitation of Dr. Green to help him attend to a number 
 of confederate sick who were in that department ; when summoned there I was 
 practicing medicine at home as a private physician. 
 
 Speaking of the rations at Macon, I speak of those issued to myself and 
 other prisoners ; we cat out of a sort of hog-pen. The other prisoners were 
 confederate prisoners. Some of them had ball and chain on. I do not know 
 for what they were confined. Some of them claimed to be one thing and some 
 another. Some had uniforms on, and some were in citizen's dress. I wore cit- 
 izen's dress. 
 
TRIAL. OF HENRY WIEZ 665 
 
 THK SUPPLY OK VEGETABLES NEAR ANDERSONVILLB. 
 
 Q. When you say that it was a poverty-stricken country about Anderson, 
 ville, what extent of country do you mean to take in ? 
 
 A. One way four hundred yaids — as fir as I ever went — and another way 
 half a mile, and then to Americus and up to Macon. My knowledge of the 
 country is limited to that area. I never travelled out in the country ; I do not 
 think I was a mile from the depot in the country while I was at Andersonville. 
 
 By the Court : 
 
 Q. You speak of the country from Andersonville to Macon as being poor; 
 do you mean the whole of that route ? 
 
 A. I speak directly of the poverty-stricken locality of Andersonville. 
 
 Q. Did you not speak of the whole route as far as Macon 1 
 
 A. If I was so understood I did not mean it. ' 
 
 Q. Would not that be considered a very rich country ? 
 
 A. I do not know very much about that ; I never took any particular notice. 
 I have understood that southwestern Georgia was considered the garden-spot of 
 the south, but I am not well acquainted with it except by stage and railroad 
 travel, to a limited extent. I cannot give an intelligent opinion on that point. 
 
 TREATMENT OF THE SICK. 
 
 By the Assistant Judge Advocate : ^, 
 
 The: prime cause of the poisonous atmosphere in the hospital was the crowded 
 condition of the patients, and their iilthy condition in consequence, and the ver- 
 min, offal and filthiness generally which would accumulate where men were con- 
 fined, not able to help or do for themselves, without the means at hand for 
 cleanliness. The boxes used by the men all through the hospital were not very 
 well attended to unless there was an officer of the day there to see to it. Every- 
 thing was calculated to produce a disease-creating agency. I mean to say that 
 this poisonous atmosphere was produced by the condition of the prison and the 
 hospital, in regard to the numbers and the treatment which the prisoners received 
 there; I think also the deficiency of medicines — they had no medicines. Doc- 
 tor Roy, when he was in charge of the hospital, made his requisition for medi- 
 cines and sent it to Doctor Clayton, who would do the best he could ; and the 
 best was but p'oor. Sometimes we could get some medicines, I think, from 
 Macon ; at other times, requisitions would be made on Columbus ; I think that 
 Doctor Gilliard went to Columbus on one occasion. 
 
 Q. How many requisitions did you ever know of your own knowledge to be 
 ' filled out which were not supplied 1 
 
 A. I cannot say ; I gave myself no trouble about that, knowing that when 
 anything could be done he would have it done. He had a private medicine 
 chest, and when we could not do any better we would go to that, but that sup- 
 ply was not allowed to be wasted by anybody. When he had medicines I knew 
 that we could get them. 
 
 Q. Was it indispensable that medicines should be provided for the improve- I 
 ment of the condition of the prisoners ; were the diseases most prevalent there 
 protracted by reason of the deficiency of food furnished, or the non-supply of 
 medicines 1 
 
 A. I can give you an idea on that subject by quoting a report which I made, 
 that if they would give proper diet and cleanliness and room I would make no 
 further requisitions for medicine. I said that in the fall of 1864, and I repeat it , 
 now. ^ 
 
 When I first went to Andersonville I went on to prescribe, as I always had 
 done, but I was told by the steward, "No, here are the numbers by which you 
 
666 TRIAL OF HENRY WIRZ. 
 
 must go." I asked Dr. Shepherd about it. He said that they had not medi- 
 cines, and that their formulas were made up of indigenous remedies ; that by 
 these numbers it was easier to prescribe ; that there were sometimes 80, some- 
 times ISO, and sometimes .200 cases to prescribe for, and this means was adopted 
 in order to facilitate matters. I recollect that in some special cases I made 
 requisitions which never were filled ; they could not fill them. I would go out- 
 side the numbers when I wanted to treat some specific case in a particular way, 
 but I could not get the medicines. 
 
 Instances of misappropriation of bread and other articles of food by the hos- 
 pital attendants occurred on a small scale several times. I am going to give 
 you some impressions, which you are to receive as such. My impression was 
 that these things were managed so dexterously and with a sor^ of sleight of 
 hand, that they could not be detected readily. I therefore, myself, organized in 
 the hospital a secret police of 23 members, Charles Williams, of New Jersey, 
 being at the head of it, to protect sick men against the ravage's of some who 
 were in the hospital, who would cut tents, run their hands through, and appro- 
 priate clothing and eatables. This will, perhaps, give you an idea as to how 
 things were conducted in the hospital. They would steal from each other. They 
 would steal anything they could trade, and sometimes they would steal things 
 the utility of which to them could not be seen, which they could not apply to 
 their benefit. I suppose their necessities would drive them to that strait — the 
 deficiency of the rations. That is what I thought then. I have had no reason 
 since to change my impression. I wish the court to understand that Dr. Clay- 
 ton and Dr. Roy were two men who did their duty. When they came in charge, 
 the hospital then reached such a condition that I was able to report for one day 
 not a death in the hospital. The condition of things began to improve on the 
 very first day of January, 1865. I do not remember that 1 ever made a sug- 
 gestion in my morning report that Dr. Clayton and Dr. Hoy did not take notice 
 of. Prior to that time I could not say that my reports were ever read. 
 
 I saw only a few sick or wounded who came to Andersonville among the pris- 
 oners. I was not at headquarters, only casually. I think it was in the fall of 
 1864 that those sick or wounded prisoners arrived ; I could not say positively. 
 I believe one day I saw 20 set apart there. I was called upon to help Dr. Mudd 
 and some other physicians to make a division or discrimination. We set apart 
 on that occasion perhaps 20, or more. I cannot say whether they were recent 
 captures, or were prisoners from other prisons. A good many of those prisoners 
 had the general appearance of those in the stockade and hospital, so far as 
 clothing was concerned. I saw one or two small bodies of prisoners lying there 
 that were better cared for, and looked like healthy men. 
 
 Q. Were those who were thus emaciated, and looked like those in the stock- 
 ade, the smaller portion of those who arrived ? 
 
 A. On this occasion I do not know how many arrived ; three or four hundred, 
 perhaps more, perhaps less. They looked as if they .night be full brothers of 
 the prisoners confined in the stockade. 
 
 PQ. To what class of prisoners did you refer when you said that you saw some few 
 arrive there who were reduced, and some who were dying, and some who where 
 dead ? 
 
 A. I think that one of the men out of the number 1 speak of when we were dis- 
 criminating among the prisoners, died on the ground while we were separating 
 them. 
 
 Q. Was that the only instance that you ever saw so far as you remember ? 
 
 A. I have seen sick men carried, when they were in blankets, out of the 
 prison, when they were about to leave there ; and I have seen some few arrive, 
 but I do not recollect distinctly any but this larger number which I was engaged 
 in discriminating. There might have been more ; I am not positive on tliis 
 
TRIAL, OF HENRY WIRZ. 667 
 
 point. As I told you, I never cared to be about headquarters at all. My 
 duty was among the sick, and I did not feel at home unless I was there. 
 
 CAPTAIN WIRZ AFFORDS FATHKR WHELAN EVERY FACILITY IN VISITING THE 
 PRISONS AND RELIEVING THEIR WANTS. 
 
 All I know about the flour distributed by Father Whelan is that Father 
 Whelan came to me in the fall of 1864 saying, "Dr. Bates, I have 10,000 pounds' 
 of flour, and I am going to place it in the hands of Captain Wirz, and I want it 
 distributed among the prisoners indiscriminately. I want them all to have the 
 benefit of a ration extra of the confederate issue. I want you to use your influ- 
 ence in having Delaney and Hennesey take charge of the distribution of that 
 in the hospital." 
 
 I said I would do so with pleasure, feeling that the prisoners needed it Ui-. 
 Clayton, the surgeon in charge, always issued that as " Father Whelan's bread." 
 He took charge of it as such, and kept it separate from the confederate issue. 
 I do not know anything about the flour, except that it was distributed in the 
 hospital. All I know is with regard to the bread that came into the hospital 
 daily. 
 
 VACCINATION. 
 
 By the Court : 
 
 The vaccination took place prior to my going there, wbich was on the 22d of 
 September. I never saw anybody vaccinated at Andersonville. 
 
 Q. Was the condition of the prisoners generally such that a medical man 
 might reasonably anticipate that death would be the result of vaccination, and 
 therefore decline to vaccinate ? 
 
 . A. I will explain the matter, as well as I can, for the satisfaction of the court. 
 The men, as I have stated, were in an extremely emaciated condition, worn 
 down and cadaverous, and their scorbutic condition was such that they had not 
 vitality enough to resist even the influence of a scratch upon the skin without 
 its taking on gangrene. Looking at the condition of these men, and the pecu- 
 liar susceptibility of their systems under their reductions, it became a serious 
 question with me, as a professional man, whether I would have vaccinated men 
 in that condition. 
 
 Q. Have you ever answered that question in your own mind ? 
 
 A. Yes, sir. 
 
 Q. What was the result ? 
 
 A. I will state it. The vaccine virus is a poison direct, so far as it goes.) 
 The small-pox matter is a more direct poison. If those men took small-pox in 
 their reduced condition it was certain death. If by vaccination I could have 
 saved one man in ten, or one man in 50, or one man in 100, it would have beeni , 
 my professional duty to have vaccinated. 
 
 By the Judge Advocate : 
 
 Q. Did I understand you to say that you would not vaccinate under the cir- 
 cumstances you have described unless small-pox was certain in that individual 
 case if you did not vaccinate ? 
 
 A. No, sir ; I.would not vaccinate unless I ha.d very serious apprehension of 
 the spread of small-pox. If I had the liberty of setting up a different hospital 
 and getting the small-pox patients all out, I would then weigh the matter before 
 vaccinating. 
 
 By the Court : 
 During the time I was at Andersonville there was no ground for such an 
 apprehension. 
 
668 TRIAL OF HENRY WIRZ. 
 
 By CouNSKL : 
 
 There was no vaccination at Andersonville during the time I was there ; it 
 was all previous to my going there. I understood there had been some small- 
 pox at Andersonville. I occupied as ray quarters a house which had been occu- 
 pied by the small-pox nurses. I know nothing about the extent to which the 
 small-pox prevailed ; I have visited the small-pox grave-yard frequently. 
 
 Before closing my testimony I desire to make a single remark to rectify some 
 influences which have been made in reference to myself. It has been claimed 
 on the one hand that I am here as a witness against Captain Wirz, and on the 
 other hand that I am a witness for him. I wish simply to say that I am here 
 to tell the truth, and I have done it regardless of consequences. 
 
 October 12, 1865. 
 
 Major George L. Proctor, for the defence: 
 
 I reside in Barron county, Kentucky. During the last two years 1 have been 
 a major and commissary of subsistence ; I was at Andersonville a portion of the 
 time. I was on duty at Andersonville from, I think, about the 21st of August 
 till the last of November, 1864. I, however, was ordered there by General Cobb, 
 I think, about the 6th of August, and I temporarily took charge of the commis- 
 sary department there during the sickness of Captain Armstrong. On the 2l8t 
 I was ordered to take charge permanently by the district commissary, and was 
 relieved agaia ou the 1st of December by Captain Armstrong. I succeeded J. 
 W. Armstrong, the witness on the stand a while ago. 
 
 THF, RATIONS. 
 
 I received my orders relative to the issue of commissary stores from the 
 district commissary and from the commandant of the post ; I was under his order. 
 General Winder was commander of the post while I was at Andersonville. 
 Captain Wirz had no command or authority over me in any way ; he was not 
 iu command of the prison when I first went on duty there ; Lieutenant Davis 
 was in command. AH I know about Captaia Wirz's absence or sickness is that 
 he was absent during August, perhaps until the latter part of August. Lien- 
 tenant Davis made the requisitions for the commissary during that time. 
 
 Q. Did Lieutenant Davis issue the requisitions in the same capacity and for 
 the same purposes that Captain Wirz did after he came back ? 
 V A. I presume so ; Lieutenant Davis made the requisition for the number ot 
 prisoners — the daily requisitions which were approved by the commandant of 
 the post. I would not have issued the rations on any requisition which was not 
 approved by the commandant ; that was not the custom. The requisition for 
 the hospital came from the surgeon in charge ; Captain Wirz had nothing to do 
 with them ; they were approved likewise by the commandant of the post. When 
 I went to Andersonville there seemed to be a great deficiency of teams for 
 getting supplies into the prison. I applied to the quartermaster for teams and 
 ho did not furnish them to me. T then went to the commandant of the post, 
 General Winder, and said that if he did not furnish the teams or have it done 
 I would not stay there ; that I was only on duty there temporarily, and that I 
 would not remain at the post unless I got proper facilities. He made requisi- 
 tions upon the quartermaster to furnish me with teams. I was furnished with 
 eight teams, with which I was able to get along. The provisions then went in 
 earlier in the day ; up to that time they had been all day and probably until 
 night getting in. There were at Andersonville some lots in which horses were 
 kept ; I cannot say how many. There was a deficiency of teams and stock 
 there when I went there ; that is about all I can tell you. Some of the horses 
 belonged to ofiicers of the post, I believe. I did not have a horse myself nor 
 could I get one on all occasions when I wanted it. 
 
TRIAL OF HENEY WIRZ. 6fi9 
 
 THE HOSPITAL FUND. 
 
 When I went fo Andersonville first the hospital fund I think was paid up — 
 all that was required. I think that in the month, perhaps, of September, the 
 surgeon in charge made known that he was ordered by the surgeon general at 
 Richmond to receive all the funds that had accrued in the Union hospital. For 
 September, October, and November, the months I was there, the hospital fund 
 was deficient some $80,000 or $100,000, perhaps, per month. I made applica- 
 tion to the district commissary for fnnds. He furnished all he had, which was 
 paid over to the surgeon in charge. 
 
 Q. Do you know anything about the quartermasters' department being defi- 
 cient in that way, or not paying requisitions 1 
 
 A. I do not know except that they did not pay me any money ; I never got 
 anything. 
 
 Q. You made requisitions on them 1 
 
 A. I made applications ; they said they had no money. 
 
 THE CHARGES OF MUBUER AGAINST WIRZ. 
 
 While I was at Andersonville I never knew or heard of Captain Wirz shooting 
 or in any way killing a man. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 I never knew or heard of a confederate soldier getting a furlough for shooting 
 a Union prisoner; I knew nothing outside of my department, and I heard nothing 
 
 ofit. 
 
 THE RATIONS. 
 
 Cross-examined by the Assistant Judge Advocate : 
 This deficiency of teams was supplied, I think, in about ten days or two 
 weeks ; it was supplied the first time I spoke to General Winder about it ; that 
 was the condition of my remaining there. I did not see Captain Wirz after I 
 went to Andersonville until the last of August; I had been there probably 25 
 or 30 days. I saw Captain Wirz frequently the latter part of the time I was at 
 Andersonville ; he would come occasionally into the commissary department. I 
 saw Captain Wirz very seldom except when he came to my quarters. In the 
 latter part of November Captain Wirz's office was removed nearer to the com- 
 missary building, and I think I was there some two or three times ; prior to that 
 I never went to his headquarters. 
 
 Q. You did not know, when you did not see him, whether he was sick or 
 well? 
 
 A. I know that during the time Davis drew the requisitions 
 
 Q. But you do not know where Captain Wirz was except by what was told 
 yon? 
 
 A. He was sick. I had occasion to go to the butcher, a Mr. Boss, who herded 
 the stock ; that was during the month of August. Captain Wirz was living at 
 Boss's house, I think. He was in the house sick at the time I went there ; that 
 was the only tiine I saw him uutil he came into the commissary department the 
 latter part of August to draw provisions ; I think it was the latter part of August 
 or the first of September. I very seldom saw Captain Wirz except occasionally 
 in passing. 
 
 Q. You do not pretend to know his physical condition one day or one week 
 after that ? 
 
 A. I know nothing very well outside of my department. The abuses were 
 very heavy while I was there. The commissary department of the post there 
 issued rations to everybody. I acted as post commissary. I knew nothing about 
 the requisitions except as they were presented to me; they were approved at 
 
670 TRIAL OF HENRY WIRZ 
 
 the headquartera of General Winder. A clerk took the requisitions up, as soon 
 as they came to the office, to headquarters and had them approved ; when they 
 came to me they were not approved ; I sent them up and had them approved; that 
 was the custom. We issued a day ahead. We anticipated in order to have the 
 cooking go on, and we either made up or deducted the difference the next day. 
 The first requisitions came from Lieutenant Davis ; after Captain Wirz got well 
 he took charge again. Captain Wirz was in command some time during Sep- 
 tember, I think. He s^nt his requisitions the same as Davis did, and they were 
 approved the same way. It was the custom after they were brouglit in each 
 day to send them up to General Winder, and when they had his approval I 
 issued the rations on them. The requisitions were never, to my recollection, 
 changed or disapproved at General Winder's headquarters. 
 
 By the Court ■. 
 
 Q. You stated that sometimes it was night before the Union prisoners got 
 their daily food ; did that occur with the confederate troops ? < 
 
 A. They were all on the same footing as regards requisitions. The rations 
 were all turned over to the quartermaster sergeant. 
 
 Q. Were the confederate troops ever kept until night without receiving their 
 daily rati(ins 
 
 A. I think not, because they were fewer in number, and they had a wagon 
 allotted to them alone when 1 went there. The confederate troops did not 
 always get their supplies, before any supplies were issued to the prisoners ; for 
 they commenced issuing out of the commissary building for the prison early in 
 the morning and it was continued all day under the miserable system of wagons. 
 We commenced as soon as we were up in the morning and by 11 o'clock the 
 rations were all out of the commissary building ; further than that I cannot 
 speak. The confederate troops drew rations for several days at a time. From 
 three to five or seven days as the case might be ; we could not have issued more 
 than one day's rations for the prisoners. There was no place to put them. 
 " Q. Could they not have been placed in the cook-house 1 
 - A. When I went there the cook-house was very inadequate. There were 
 only two ovens there, as I understood ; I had eighteen or twenty placed 
 there. I think it likely a building could have been erected for the purpose. 
 When the requisition came back from General Winder approved, I turned the 
 ration over to the quartermaster sergeant whose place it was to take charge of 
 it. The quartermaster was responsible for the rations. This quartermaster 
 seigeant who went with them to the cook-house with the wagons had charge 
 of the rations. I had nothing to do with the quartermaster sergeant ; he was 
 sent there by the commandant of the post to receive the rations. I think Captain 
 Wirz was not responsible for the rations. Tlie commandant of the post sent a 
 man to receive the rations and they were issued to his order ; tlrey were turned 
 over to him in bulk, and they were issued in compliance with the orders of 
 General Winder, the commandant of the post. I think Captain Wirz had 
 nothing to do with the rations ; I do not know. His requisitions came to ine, 
 and I issued them to be turned over to the quartermaster. 
 
 Q. When you speak of their being turned over to the quartermaster you do 
 not mean a commissioned officer 1 
 
 A. It was a sergeant. 
 
 Q. Is it not strange that a sergeant should be responsible for the rations in 
 that way ? 
 
 A. About that I complained myself, and a lieutenant belonging to the Georgia 
 reserves, named James Aliman, was placed there by order of General Winder, 
 and he looked after those rations. He was a mere agent of the commandant, 
 according to my understanding. After the rations were in Lieutenant Allmau's 
 hands I do not know that anybody had the power to suspend the issues ; no 
 
TRIAL OF HENRY WIRZ. 671 
 
 3uch suspension took place while I was at Andersonville. My books did not 
 show that any such suspension had taken place at any time ; I never suspended 
 a, day- Occasionally we were a little hard run, but we would borrow for a day. 
 I had not the books of my predecessor ; he had his own papers ; he had not a 
 commissary book ; I had a commissary book, which is in Atlanta now I presume, 
 a record of all my transactions there. It was usual at all posts to keep a post 
 record, but it hud not been done there. 
 
 THE HOSP[TAL FU.\D. 
 
 By the Assistant Judge Advocate : 
 
 Q. Do you know anything about the funds in the quartermasters' department, 
 except as the re.-nlt of your application, on your own personal behalf, at that 
 post? 
 
 A. No, sir ; only from hearsay. I know nothing about the hospital fund 
 prior to the 21st of August; I had nothing to do with it previous to that 
 time. 
 
 Q. Then when you said that it was paid up to that time, you simply rely on 
 what (ither people told you ? 
 
 A. 1 was acting for Captain Armstrong some fifteen days temporarily ; in 
 the settlements which he made with Dr. White I think he paid all the requisitions 
 upon him. That was my impression ; I derived that knowledge officially. 
 
 Q. After that time you say there was a deficiency of $80,000 or $100,000 
 per month ? 
 
 A. Yes, sir ; that was not paid ; all the funds I could get from the district 
 commissary were appropriated to that hospital. I think that for September this 
 fund amounted to about $15,000 ; it was all appropriated. In October it was 
 perhaps $20,000 ; in November there was a larger sum paid ; I think it was 
 in the neighborhood of $30,000 or $35,000, perhaps as high as $40,000. Of 
 the amount I received, $40,000 was appropriated to that hospital, and the balance 
 for incidental purposes. 
 
 By the Court : 
 
 Q. This $50,000 or $60,000 which you speak of as having been turned over 
 to the medical department ; do you know how it was expended for the benefit 
 of the prisoners ? 
 
 A. I do not. 
 
 • Q. You do not know that medical funds are never turned over to the surgeon, 
 but remain in the hands of the commissary who purchases on the requi- 
 sition ? 
 
 A. I know that it is the custom in our department to turn over to the order 
 of the surgeon in charge of a hospital the money itself, and he makes out a 
 requisition and we fill those requisitions and return them in our monthly returns. 
 That was the custom in every confederate hospital throughout the whole south — 
 the universal custom. The hospital fund was turned over to the surgeon, and 
 he drew on them. The surgeon's requisition was drawn upon the commissary. 
 The commissary was the custodian of the funds ; he turned them over upon 
 requisition of the surgeon. 
 
 LETTER OF CAPTAIN WIRZ ASKING THAT THE WOOD GUARD BE INCBEASED. 
 
 Upon the meeting of the court on the 13th of October, counsel for the accused 
 read to the court and put in evidence a letter from the prisoner's letter book, of 
 which the following is a copy : ' 
 
672 TKIAL OF HENRY WIEZ. 
 
 Headquarters Confederate States Military Prisok, 
 
 Camp Sumler, Georgia, January 29, 1865. 
 Lieutenant : I have the honor to request that the guard detailed daily for the purpose 
 of escorting prisoners to the woods to procure fuel he increased from 25 to 60 men, (guard,) 
 as the former number cannot do the duty required. 
 
 I am, sir, very respectfully, your obedient servant, 
 
 *^ -^ •^ H. WIRZ, 
 
 Lieutenant L. B. Thomas, 
 
 Acting Assistant Adjutant General. 
 
 Captain Commanding Prison. 
 
 October 13, 1865. 
 
 Bbnjamin F. Dilley, for the defence : 
 
 I reside in AUentown, Pennsylvania. I was in the service of the United 
 States service for three years and seven months, in company F, 54th Penn- 
 sylvania. I was taken prisoner on the 2d of February, 1864 ; I was carried to 
 Belle Island, Richmond. I remained there until the 16th of March, 18G4; I 
 was then taken to Andersonville ; I was there one year. I went there on the 
 23d of March, 1864, and came away on the 23d of March, 1865. T was in the 
 stockade at Andersonville for three weeks. I was allowed to go in and out of 
 the stockade until August. I was detailed as a clerk at the headquarters of 
 Captain Wirz ; I was admitting clerk. When prisoners were brought there I 
 took their names and descriptive rolls. I went into the stockade with Captain 
 Wirz also. If any man was missing in a detachment on the south side, I went 
 to see after him. If any of the men had symptoms of small-pox I sent them 
 to the gate to go to the small-pox hospital. I was wardmaster in the hospital 
 from August. I took charge of 150-odd men, and 20 nurses, more or less, in the 
 hospital. I was connected with Captain Wirz's headquarters from the latter 
 part of April to the latter part of August. I was connected with the hospital 
 department from the latter part of August till the 23d of March, 1865. 
 
 TRADING BETWEEN THE CONFEDERATE TROOPS A.N'D THE PRISONERS. 
 
 Every man traded who had means. Hams, fresh pork, bacon, flour, meal 
 peanuts, sweet potatoes, white potatoes, thread and needles, cigars, tobacco, and 
 anything of that kind were traded in. That was going on both inside and out- 
 side. Articles were bought outside and taken into the stockade. I know about 
 trading over the stockade between prisoners and rebels ; prisoners would walk 
 up to the dead-line and ask some of the guards if he had anything to trade ; if 
 he had he would show it, and the prisoner would throw up the money on the 
 end of a string and the guard would let down the article. I know something 
 about trading in articles coming from the cook-house. Our men would trade the 
 hams that came to the cook-house — trade them to the slaves for onions, vegetables, 
 flour, and for anything that they could soil in the stockade. I saw trade going 
 on in clothing. I have seen our men trade clothing off ; the clothing taken from 
 dead men was traded with the guards ; our own men would take the clothing 
 off the dead men; inside the hospital. Captain Wirz gave orders that if he 
 caught any rebels wearing our uniform he would have him court-martialed ; 
 those were his words. He said it had been done at Belle Island, but it should 
 not be done at Andersonville. 
 
 CONDITION OP THE WATKR. 
 
 r 
 
 There were a number of small wells inside the stockade while I was there — 
 there were no large ones while I was in the stockade. I suppose there were 75 
 or 100 on the south side. The number increased, but the men who owned the 
 wells would not allow their comrades to drink from them. Very good water 
 was in the wells, better water than we had outside. That watei would not supply 
 more than one- fifth the wants of the stockade, I suppose. I judge the wells would 
 
TRIAL OF HENEY WIEZ. 673 
 
 supply all the water that was wanted to drink ; we also go twater from the creek 
 that ran through the stockade. The creek water when I was inside the stockade 
 was very had, excepting some portions of it — the upper end of it, and even there 
 the water was bad ; the water was good enough except for the grease on it that 
 came from the cook-house. Wirz ordered us, (the clerks,) " If you find any man 
 washing in that creek, let him be a Yankee or a confederate, I want you to 
 knock him down and I will back you in it." Captain Wirz intended to dam 
 up one-third of it for drinking water and cooking, one-third below that for 
 washing and bathing, and the third below that for the sink. He had made that 
 arrangement, but he could not get the tools ; he was deficient in everything, in ' 
 fact. He could not get the lumber. 
 
 SHOOTING OF PRISONERS BY THE GUARDS. 
 
 -] 
 
 I never heard of such a thing as a prisoner being shot in the stockade ; there 
 was an alarm there one night. ' I never knew or heard of Captain Wirz giving 
 a furlough to confederate soldiers for shooting Union prisoners ; I never heard 
 of anything of that kind. I never heard it mentioned at Andersonville. While 
 I was there my desk was within two feet of his — about the same as these twe 
 Jesks here — all the time. -J 
 
 Q. Would it have been possible for any furlough of that kind to be given" 
 without your knowing it 1 
 
 A. Oh, it could be done, of course. I do not think it could be done without 
 our knowing it. I do not think Captain Wirz had authority to give a 30 days' 
 furlough. He gave furloughs for eight days, when the colonel commanding the 
 post was absent. It was about harvest time, and the men wanted to go home 
 and attend to their grain when these furloughs were given. There was not any 
 other time that I know of that furloughs were given by Captain Wirz. I never 
 heard tell of such a thing as a furlough being given for shooting a Union pris^ 
 oner. 
 
 CO.\DITI»X OF THE PRISONERS IN THE STOCKADE. 
 
 Captain Wirz made an effort to impress •'iOO slaves to enlarge the stockade 
 He could not get the slaves, and he sent to Kichmond for orders in regard to it ; 
 healso sent into the stockade for men— the men refused to come out. The excuse 
 was that they would compromise themselves in the eyes of their government. 
 The sick men could not do it, and the well men refused to do it ; at last they 
 got some men out — some 150. I understood that Captain Wirz's orders were 
 to place the men three deep if they did not come out. He placed so many men in 
 the stockade that they were forced to come out at last. He made a number of 
 requisitions for axes. At last he got two or three boxes — a very inferior article, 
 painted over with black paint. He did not succeed in getting what he wanted 
 to do that work ; not more than one axe out of six would cut wood. Picks, 
 spades, and everything of that sort were very short. The confederate soldiers 
 horrowed our axes to cut wood with. 
 
 MEN BITTEN BY THE DOGS. 
 
 The prisoner called " Frenchy," who was brought back by dogs, was not 
 seriously hurt ; he was merely scratched ; he laughed over it himself. I think 
 he said he gave Wirz a good tramp after him. One of our men attended to him. 
 He was not what I would call seriously wounded, and he did not die. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 Q What do you know about boxes coming from Richmond to the prisoners 1 
 A. We were ordered to find the addresses of the men to whom they were sent, 
 and the boxes were sent in to them— to the stockade. All the boxes left were 
 H. Ex. Doc. 23 43 
 
674- TKIAL OF HENRY WIEZ. 
 
 turned over to the hospital fund. A good many men had died. , The boxes 
 were sent to Belle island in the first place. I suppose four-fifths of the Belle 
 island men died at Andersonville. The boxes of the men who died were turned 
 over to the hospital. These boxes were robbed in the commissary — a little 
 building used for the hospital — before Captain "Wirz would get down to the office 
 in the morning, by his sergeants, and some 16 other men outside. They would 
 !^o into the commissary and take what they wanted in the morning before Cap- 
 tain Wirz got down there. (To the court.) What I call the commissary was a 
 small hospital commissary storehouse, where they kept these boxes. It was not 
 the post commissary, but the building where they kept the extra rations. 
 These boxes of goods were considered extra rations. The building was con- 
 nected with the hospital, but was not in the hospital enclosure. It was about 
 50 yards outside of Captain Wirz's ofiice. 
 
 THE RATIONS. 
 
 ' Captain Wirz said that' that rice and corn-meal were not fit for niggers ; that 
 he would not feed his slaves on them, and that the man who sent that corn-meal 
 to Andersonville should be court-martialed — that he was robbing the confeder- 
 ate government. I do not know anything about the conduct of cooks in the 
 cook-house in reference to rations, more than that they traded the rations off to 
 the slaves for vegetables. Captain Wirz's detectives found fifteen bags of hams 
 and bacon in the woods. The slaves were men whom I saw v^orking around on 
 the fortifications. There were some 500 slaves working on the fortifications at 
 Andersonville. 
 
 THE ABSE.\CE OF CAPTAl.»iI WIRZ FROM AMDERSOXVILLE IN THE SUMMER 
 
 OF 1864. 
 
 Captain Wirz was sick during the month of August, I believe, very nearly 
 the whole month. He was sick off and on in July — sick for a day or so. I was 
 not in his office in September; I was connected with thetospital. Lieutenant 
 Davis was in command while he was absent. 
 
 THE CHARGES OF MURDER AGAINST WIRZ. 
 
 I never knew or heard of Captain Wirz shooting or beating or in any way in- 
 juring a prisoner so that he died. I never heard of it. I do not know of Cap- 
 tain Wiiz having a sorrel or a roan horse; he rode a gray mare. He could 
 have rode a sorrel horse and I might not have known it. I do not think it ia 
 probable that he could. AViiz was a very easy rider and very seldom rode a 
 horse on a trot. 1 very seldom saw him on any horse but his own. He knew 
 her. He rode the old gray mare all the time so far as I knew. 
 
 THE DISPOSITION AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS" 
 
 Captain Wirz took young boys out of the stockade. There may have been 
 forty — perhaps more, perhaps less. He took them out for the purpose of having 
 them gather blackberries for the hospital. They would gather some ; but they 
 would sell more than they gave to the hospital. 
 
 Cross-examined by the Assistant Judge Advocate : 
 I was detailed as clerk at Captain Wirz's headquarters in the latter part of 
 April, 1864. I continued there vmtil the latter part of August, 1864. I made 
 application to be detailed there to Captain Wirz on the ground that I was sick. 
 I could sit down or walk about, but still I was sick. Diarrhoea was the cause 
 of my sickness. I think it was eating fat meat that brought it on ; we received 
 no meat at Belle island while I was there, except, may be, five pounds of meat 
 
TRIAL OF HENRY WIRZ. 675 
 
 to the hundred rations. I had charge of a hundred men there, and of the hun- 
 dred men every one who came from Belle island was taken with the diarrhoea. 
 Men who applied to Captain Wirz for clerkships and details when they were 
 sick did not obtain them. The men would make application for clerliships ; 
 Captain Wirz would take every application and put them in one drawer, and in 
 another drawer applications for shoemakers, &c. ; and when he wanted a clerk, 
 or wanted a shoemaker, he would open the drawer a little, put in his jfinger, take 
 out an application and send to the stockade for the man. That night after I ap- 
 plied I got the appointment. He did not open the drawer and put in his hand 
 that same day ; what I speak of was after 1 went out ; at that time there were 
 few men in the stockade. While I was in the hospital I went to Captain Wirz's 
 headquarters occasionally. I had nothiiigto say to Captain Wirz ; he was gener- 
 ally busy. He was a very excitable and cross man, and I did not want to have 
 much to do with him. 
 
 VACCINATION. 
 
 I never had any education as, a physician. I did not examine the prisoners 
 in the stockade as to whether they had symptoms of small-pox. If a man had 
 the small-pox, or if he looked as if he had the small-pox, I sent him to the gate 
 to he examined. I did not consider myself competent to judge whether a raau 
 had the small-pox or not. There was one other person assigned to the same 
 duty on the north side of the creek. There was not any other person except 
 us two detailed for that purpose. The order as to the men who had the appear- 
 ance of having the small-pox was that they be sent to the gate to be examined . 
 That order was imperative. After they went to the gate and were examined , 
 if they had the disease they were sent to the small-pox hospital, and if they 
 hadn't it they were returned to their quarters. I continued in that sort of duty 
 about a month, I suppose. The small-box was prevalent there. I cannot tell 
 how many cases I discovered. I do not know that I can approximate it. Per- 
 haps one or two a day for a month would be the average. I did not have any 
 orders about vaccination. I once asked Doctor White to vaccinate me. Doc'-"' 
 tor White did not say that the vaccine matter was impure, but he gave me to 
 understand that it was ; his words indicated that he thought it was impure. He 
 told me to wait awhile ; that he expected to get some matter from a child in the 
 country, and that if I would wait for it he would vaccinate me. I think that 
 was in May; That was not prior to the small-pox being prevalent there ; the 
 small-pox was prevailing there at that time. I think it was during the month ot 
 May that orders were given for vaccination ; about the time I had this conver- 
 sation with Doctor White. I have seen men who had been vaccinated ; they had 
 sores on their arms about the size of that inkstand or larger. That was about 
 the time I had this conversation. It was sure death for a man to be vaccinated 
 there if it took. His arm would have to be amputated, and I know of only one 
 successful case of amputation ; there was a bet of $150 on that. It was the 
 case of a young doctor who had charge of a man. I think he bet $100 
 that the man would live, and $50 that he would save the man's arm. He 
 won the money. He supplied the man with a new sponge and a wash-basin, 
 and attended him himself, for three or four weeks. That was the only case I 
 saw of a cure, and I saw many a case there. I do not know anything more of 
 amputations than what I have said ; not of any other case. 
 
 By the Court : 
 I did not examine prisoners to see whether they had the small-pox. I merely 
 looked at a man, and if he said or if the sergeant said that he thought he had 
 the small-pox, I would send the man up to the gate. The men could not go 
 there without my sending them ; they had to keep the men there until roll-call. 
 There were two of us eneasred in that business. 
 
676 TRIAL OF HENRY WIRZ. 
 
 Q. If five hundred men had the small-pox, they could not get out unless you 
 two men conducted them to the gate? 
 
 A. I suppose Captain Wirz would have made some provision for that. I 
 never savi^ more than one or two men at one time have the small-pox at the 
 south side. I was acting under the direction of Captain Wirz. I got my orders 
 from the captain. They were not signed by anybody ; they were given verb- 
 ally. I spent maybe a couple of hours in examining these small-pox cases in- 
 side the stockade. Captain Wirz might be in the stockade perhaps a couple of 
 hours ; and while he was there I would be with him. I did not always go with 
 Captain Wirz. This was during the month of May. I did not sometimes go 
 in alone, only when I went in alone and stayed all night. It was not under- 
 stood between me and the captain that I was to keep a bright look-out for tun- 
 nels. There was not any understanding of that kind between him and me ; I 
 never did anything of that kind. 
 
 TRADING BETWEEN THE CONFEDERATE TROOPS AND THE PRISONERS. 
 
 By the Assistant Judge Advocate : 
 
 Trading was carried on there by all men. One of the eagle staff buttons 
 was worth five dollars in confederate money. I have seen 800 pounds of flour 
 go through that gate in one day. The flour came from the rebel butcher, I think. 
 I do not know what his name was. He was afterwards arrested for trading by 
 Duncan, I understood. I know his shop was outside. I believe it was two 
 miles away from the stockade. That was wheat flour, eight sacks. Molasses 
 ■was taken in there by the barrel. I do not know anything about trading in the 
 stockade after August any more than that when I went in the stockade I would 
 see a good deal of stock going into the stockade which did not go in as rations; 
 it went in under wood or something of that kind. Men who had the most money 
 in the stockade were these raiders. When the men were going into the gate, 
 it often happened that they were knocked down and everything they had taken 
 from them. These raiders were our own men. I think that the capital for trad- 
 ing was limited mostly to that class of men. I should judge that there were 
 500 of them at that lime ; 500 out of 35,000. These 500 ruled the camp for 
 some time. They knocked me down once and took $85 from me. The order 
 that Captain Wirz gave to prevent the trading in clothing was never carried 
 out to my knowledge. Trading was carried on in clothing, and rebel soldiers 
 wore our uniform. Captain Wirz never had them punished; there were 
 never any of them punished that I saw. The fact is that every man down 
 there wore our blouses, from the highest to the lowest, with the exception of 
 Captain Wirz. I never saw him wear anything but a colored shirt and 
 white pants. He had a gray uniform with eagle buttons on, but he seldom 
 wore it. The trade that was carried on was not confined exclusively to flour. 
 There was trading in onions and in vegetables of all kinds. I have seen o'.her 
 things besides flour carried into the stockade. Those things were procured 
 outside by the Alabama and Georgia regiments. They would go into the coun- 
 try and get them. I went into the country myself; I bought things in the coun- 
 try. The supply was not good around there ; I had very hard times to get 
 things ; for the reason that they were scarce. They were gathered up at dif- 
 ferent places. Planters would send their slaves therewith things. There were 
 not supplies there every day, only occasionally ; to-day there would be plenty, 
 to-morrow there would be none. I did a good bit of trading myself outside. I 
 had no difficulty in carrying that on ; I was sick and was allowed to walk around. 
 All the clerks at headquarters were not sick ; I believe I was the only one sick. 
 A man named Jones was sick for a while. The trade I did was carried on 
 secretly. It was carried on secretly because it was against orders to trade; 
 against Captain Wirz's orders. They were in force when I went there. 
 
TRIAL OF HENRY WIRZ. 677 
 
 By the Court : 
 
 I traded for my own benefit merely ; tbat is, for three of us. I made the most 
 of my money trading in greenbacks for confederate money. I did not have two 
 partners, I kept these three men ; I kept them in the hospital. They had been 
 sick. One of them did the cooking. No, they did not keep me. One of the other 
 two was a clerk. We had wheat bread, vegetables when we could get them, fresh 
 pork occasionally, chickens occasionally, and tobacco. I bought all these things 
 outside among the guards in the Alabama and Georgia regiments. I got the 
 money by speculating in greenbacks; I gave from three to five dollars in con- 
 federate money for one dollar in greenbacks, and got from eight to ten -dollars 
 confederate money outside. I sold my overcoat in the first instance for $25 
 confederate money. That was all the capital I started with. I drove a trade 
 for myself altogether, but I kept these men from the profits I made. I sold 
 sutler's stores inside and had one of these men to keep a stand for me. I was 
 doing no partnership business, I was proprietor of it ; they were my assistants 
 and clerks. Every clerk outside had these privileges, with the exception of 
 trading. I had no privilege to trade. My parole bound me not to run away 
 or to give information to the enemy. We had a pass given to us allowing us a 
 mile limit. Captain Wirz gave me the pass ; I do not know how he came to 
 give it to me. I was no particular favorite of Captain Wirz's. Any of the 
 clerks could have a pass and did have it. I had no special privileges — all his 
 elerka had the same. He had never seen me before when he accepted me as a 
 clerk. I wrote an application. He picked me up on my simply writing him a 
 letter and installed me at his headquarters as clerk. 
 
 Q. And placed you at a desk only two feet from his own desk and admitted 
 you into his confidence and intimacy — and all that without consideration, with- 
 out reference and without your history being known to him ? 
 
 A. I was not very intimate with Captain Wirz. He never told me any secrets. 
 He was not a friend of mine, nor I of his. 
 
 Q. How came you to have your desk within two feet of his ? 
 
 A. There were several desks in the room ; all the clerks had the same 
 privilege. There were three of us writing at the same desk. It was not a desk, 
 but a table. 
 
 I did not have any extraordinary privileges — nothing more than other men 
 had. This trading with the prisoners was in contravention of orders. I wanted 
 to make some money and I traded ; I made my profits out of our own men by 
 trading. 
 
 Q. What opportunities did you have for that ? 
 
 A. I was sick and could walk around, and I was in Captain Wirz's ofiioe. 
 
 I got double rations outside ; I think I got eighty cents per day for my extra 
 ration; I drew one, sold the other to the commissary; Martin paid the money to 
 me for it. I was no special favorite with Captain Wirz. It was a favor to be 
 taken out of the stockade; but what I mean to say is that it was not a special 
 tavor. He did nothing more for me than was done for eight or ten other clerks. 
 He gave a pass to go at will from the stockade to all his clerks ; I staid in the 
 captain's office from the latter part of April till August. I was admitting clerk. 
 That duty occupied maybe three or four hours during the day. The rest of the 
 day I helped Martin occasionally or walked around. I could not do much ; I ^ 
 did not trade so much until I got into the hospital. 
 
 By COD.NSBL : 
 
 I came away from there with $140 in greenbacks and a $45 watch. That is 
 all I made during a whole year there. 
 
 (By the Court.) I made that by trading with our men. Not with our own men 
 in the stockade. I never made anything out of our own men in the stockade 
 that I know of. I found the men I made money out of in the hospital enclosure. 
 
678 TKIAL OF HENRY WIEZ. 
 
 Tliey were paroled men generally^atteiidants who could not get out of the hos- 
 pital^who had no passes. I did not make anything out of the sick that I 
 know of. 
 
 CONDITION OF THE WATER. 
 
 By the Assistant Judge Advocate: 
 PQ. You say that you were ordered to knock down any man who bathed in 
 the creek. Did you obey that order? 
 
 A. No man bathed in the creek that I know of. The order was as to any 
 man who was caught washing in the creek. 
 
 The order was not obeyed that I know of. We were afraid to do anything 
 of that kind, even when Captain Wii'z ordered us. The washing there was not 
 extensively practiced. For my part I never saw a man washing there. The 
 creek was about two hundred yards from our office, and I was kept busy pretty 
 much all the time. It would have required good axes, shovels and picks, I sup- 
 pose, to dam the creek, and these articles could not be had. I do not think it 
 was more work to dam up that creek at the three different points than it was to 
 enlarge the stockade. The stockade was enlarged afterwards, and it was neces- 
 sary to enlarge the stockade. It was necessary to dam the creek, but he had 
 hot the tools. I do not know of Captain Wirz making any efforts to procure 
 articles for damming the creek. I merely heard him say he intended to do so. 
 He did not make any requistion for tools for that purpose, nothing more than 
 the requisitions for shovels ; I believe he wanted them for the express purpose 
 of constructing that dam ; that was what he stated, and the dams could not be 
 constructed without shovels, picks and axes. There were very few in camp ; I 
 do not know that I ever saw shovels there. There were a few that belonged to 
 the citizens around there, that they would send in with their slaves. They did 
 I not belong to Captain Wirz's office. 
 
 condition of the pkisonebs in the stockade. 
 
 Q. You say that Captain Wirz made an effort to impress slaves for extending 
 the stockade ; do you know what he did in reference to carrying on the work 
 on the forts ? 
 
 A. I only know what he said he had done. 
 
 My knowledge is limited to what he told clerks in the office ; I was one of 
 them ; I do not know whether it was true or not. He specified what work he 
 wanted men in the stockade to do ; to help to enlarge the stockade. At that 
 time there were some few laborers outside. Men who came out of the stockade 
 finally helped to enlarge the stockade. After he crowded them so thick that 
 they would not stay in ; that was the only time they came out. Most of the 
 men could not work. I understood that Captain Wirz's orders were from Gen- 
 eral Winder to put the men in three deep, and every man who had to go in there 
 did not know where he was going to lie down. Very few men were fit to work, 
 except those raiders, and they had clothes, money and everything, so that they 
 did not want to work. They had everything that money could buy in the place. 
 He made requisitions for axes before the stockade was enlarged. I did not hear 
 any rumor of an attack on the post. I think he had the axes befox'e the fortifi- 
 cations were extended; at the time the fortifications were enlarged, there was no 
 difficulty in finding slaves to build them, or in finding tools ; every slave brought 
 I his shovel or pick with him. 
 
 By the Court : 
 
 I saw suffering inside the stockade certainly ; they all suffered more or less 
 They could not eat the food ; it was not fit to eat. It would be hard for any 
 man to eat the corn-bread they had there. There were plenty of sick men in 
 there. 1 saw plenty of men dying in there. I never saw anybody naked in 
 
TRIAL OF HENRY WIRZ. 679 
 
 there, although their clothes were good for nothing — nothing but rags. I saw 
 men there without hats, without shoes, and without pants ; but I have never 
 Been them without all these things at one time. I have seen men without pants. 
 
 SHOOTING OF PRISONERS BY THE GUARPS. 
 
 By the Assistant Judge Advocate : 
 I had not anything to do with making out furloughs. Some of the clerks in 
 the office wrote furloughs. I think if the men who guarded the prison wanted a 
 furlough they could not obtain it without the authority of Captain Wirz. I 
 think Captain Wirz had to approve passes. The captain of the company would 
 sign the man's, furlough and then Captain Wirz would approve it. Then it 
 went back to General Winder. While men were on duty under Captain Wirz, 
 I think the captain of the company did not have anything to do with them for 
 that day. No furlough would originate with his captain under those circumstances ; 
 Wirz had control of all the guard. I do not think Captain Wirz had control of 
 the furloughs of the men. When men were on duty at the stockade, Wirz had 
 control of them. I only speak from my impression ; I am not positive on that 
 point. 
 
 By the Court : 
 I was not in the stockade a great while — only three weeks, and I never saw 
 a man shot there ; of course there were men shot there. 
 
 MEN BITTEN BY THE DOGS. 
 
 By the Assistant Judge Advocate : 
 I do not know the real name of this man Frenchy. I cannot tell the month it 
 was I saw him when he was hurt by the dogs ; it may have been in July, and 
 I think it was. 
 
 THE SUPPLIES FROM THE NORTH. 
 
 Q. Do you know whether the boxes sent to the address of men in the stock- 
 ade reached them or not 1 
 
 A. We found the addresses of some of the men from the book, and the boxes 
 were sent to them into the stockade. Those that were not were sent to the 
 hospital. So far as my knowledge goes that applies only to the boxes sent to 
 Belle island. The sanitary goods were distributed to the hospital. I do not 
 know of any of them being distributed in the stockade. There were thirteen 
 blankets, some shirts, and several pairs of pants distributed to my ward, in which 
 we had 80 men. The robbing of the boxes was done by Wirz's sergeants — 
 Duncan, Ritchie, Kerr, and those men. Duncan frequently came up in the 
 mornings and took whiskey and provisions of every kind out of that hospital 
 commissary building. It was notorious that he did that ; many of us knew it, 
 but Captain Wirz did not know it. I knew it. I was in Captain Wirz's head- 
 quarters. JIartin knew something about it. He was Captain Wirz's head 
 clerk. If he had a confidential friend, Martin was the man. 
 
 Q. How do you know that Captain Wirz knew nothing about it 1 
 
 A. When I see a man steal a thing, I do not suppose that the owner knows 
 anything about it or the man having charge of it. These men would come to 
 steal it in the morning before Wirz got there, and it looked as if he did not know 
 anything about it. 
 
 By the Court : 
 It was a small building situated back of Captain Wirz's oifice, where boxes 
 were stored. I do not know the distance, perhaps 50 yards. It was kept locked 
 by the hosptal steward, who kept the key. Wirz's sergeant hada key which 
 fitted the lock. So he went in there stealthily ; that was what 1 judge. 
 
680 TRIAL OF HENRY WIRZ. 
 
 Q. Did the logs of these things come to Captain Wirz's knowledge t 
 
 A. I understood that Captain Wirz had nothing to do with them after he 
 turned them over. 
 
 Question repeated. 
 
 A. Not that I know of. He did not know that they were stolen that I know 
 of. He never placed a sentinel on that building that I know of. 
 
 THE RATIONS. 
 
 By the Assistant Judge Advocate : 
 f The threat to court-martial the contractor who furnished this bad corn was 
 never carried out. Captain Wirz did not threaten to court-martial the man ; he 
 said that he ought to be court-martialed — that he was robbing the confederate 
 government. I do not know that he took any steps to have him court-martialed. 
 Q. What was the condition of the prisoners in regard to rations and clothing 
 in the spring of 1865 as compared with their condition in August, 1864 ? 
 
 A. I do not know anything about the stockade at that time ; I was in the 
 J hospital. 
 
 A comparison between andersonville and other rebel prisons. 
 
 r 
 (By Counsel ) My treatment was about the same at Belle island as at 
 
 Andersonville. If anything it was rougher at Belle island than at Anderson- 
 ville. The clothing was about the same; but at Belle island we got, I suppose, 
 
 I just about half the rations. Andersonville was preferable. 
 
 L The Judge Advocate. I now propose to examine this witness for the 
 government. 
 
 vaccination. 
 
 ( Q. What do you know with reference to the knowledge of Dr. White on the 
 subject of impure vaccine matter? 
 
 A. I asked Dr. White to vaccinate me. I think it was during May. Dr. 
 White did not say that the vaccine matter which he had was bad ; but he gave 
 me to understand so. He shook his head ; as much as to say " Don't be vac- 
 cinated." He told me he would get a scab from a child in the country and 
 vaccinate me with that. 
 
 acts of cruelty committed by DUNCAN. 
 
 Q. What do you know about Duncan's operations there ? 
 
 Objected to by Mr. Baker on the ground that there was nothing affecting Dun- 
 can in the charges and specifications. 
 
 The Judge Advocate remarked that this witness had been subpoenaed by 
 the government and had been taken possession of by counsel for the accused. 
 
 Mr. Baker. This man was one of the first witnesses on the list for the defence. 
 
 The President. There is no importance in that qiiestion at all. 
 
 The Judge Advocate. I wish simply to remark th,atthisis a witness forthe 
 government, and 1 desire to examine him. He comes within the agreement 
 acceded to by the counsel. The evidence has already been introduced with 
 reference to Duncan, and I desire to examine this witness on that point, which 
 I think can be done with the same propriety as if it were evidence against 
 Howell Cobb or any one else not named in the charge. 
 
 Mr. Baker. It is attempted to examine this witness under the agreement 
 made by myself and the judge advocate. I shall not object to that if I be al- 
 lowed first to close my defence. 
 
 The Judge Advocate. Do you want to close your defence now ? 
 
TRIAL OF HENRY WIRZ. 681 
 
 Mr. BakrR. Yes, sir. 
 
 The Judge Advocate. Well, declare your defence closed. 
 
 Mr. Baker. I do not; but I object to trying a case of this importance in 
 Buch a way as we do try it sometimes, and in such a manner as is attempted by 
 the judge advocate. 
 
 Colonel Stibbs. Is your objection to this man's being examined now, or to 
 Ms being examined at all 1 
 
 Mr. Baker. I object simply to his being examined now, as out of order. 
 
 The Judge Advocate. Then if this witness walk to the door or turn round 
 three times it will meet the gentleman's objection. 
 
 (After deliberation, the objection was overruled.) 
 
 Q. State what you know with regard to Duncan's operations there in depriving 
 soldiers of rations, &c. 
 
 A. I haye seen Duncan speculating in whiskey that belonged to the hospital. 
 I, have seen him strike a couple of prisoners ; they belonged to the hospital 
 department, but were not in the hospital. I have seen him take men in the 
 middle of the night and place them in the stocks and report it in the morning ; 
 that is, he said he would report it. That is all I have ever seen him do. 
 
 Q. What do you know with regard to his diverting the rations from their 
 right direction? 
 
 A. He had charge of the cook-house. I never saw him do anything of that 
 kind ; I never saw him speculating in rations, but we always judged he did it. 
 It could not have been done without his knowing it. 
 
 Q. What have you to say in that regard with reference to Ritchie 1 
 
 A. Ritchie was with him. Ritchie was an assistant of Duncan ; Humes also 
 was an assistant. Ritchie was with Duncan when Duncan did these things ; 
 he drove the wagon that went into the stockade and carried the goods in and 
 out of the stockade. 
 
 Q. What can you say in regard to Duncan and Ritchie being right-hand 
 men of Captain Wirz ? 
 
 A. Duncan and Ritchie would go round the stockade. They had their men 
 inside, at least we judged that they had. 
 
 Mr. Baker. State only what you know. 
 
 Witness. Duncan and Ritchie reported these tunnels ; they were the prin- 
 cipal men who reported tunnels or anything going wrong in the stockade. 
 
 Q. Were they closely connected with Captain Wirz in their duties 1 
 
 A. Nothing more than that they were acting as detectives and would advise 
 Captain. Wirz to do this and do that; for instance, in regard to Wirz having 
 the stocks made, I suppose 
 
 Mr. Baker. Don't state what you suppose. 
 
 Witness. Well, anything of that kind ; they would suggest punishments ; 
 they would give their advice to Captain Wirz. 
 
 Q. With regard to what 1 
 
 k. With regard to the way in which men should be punished ; that if they 
 had it in their power, they would do this or that. I don't know that Captain 
 Wirz ever acted on their advice. 
 
 treatment of the sick. 
 
 Q. What have you to say in regard to Dr. Mudd and his manner of treating 
 prisoners of war under his control 1 
 
 A. I have seen Dr. Mudd come into the hospital when they would be ampu- 
 tating a limb ; he would hold his thumb over the artery just at the thigh, and 
 when the operator would be tying up the arteries he would take his finger off 
 the artery and send the blood up into the man's face ; he would laugh at the 
 time as if he thought it was something funny ; I have seen him do that on two 
 
682 TRIAL OF HENRY WIRZ. 
 
 different occasions ; I never saw him do anything but that. That is all I reeo'« 
 lect in regard to Dr. Mudd. He did not appear to care about taking care of 
 our men. Dr. Kerr was the rebel hospital steward ; he would come into the 
 hospital enclosure disguised as one of our men ; he would wear different dis- 
 guises ; one night he would wear a ragged uniform, and the next night a very 
 good uniform. I have seen him come into the hospital enclosure and strike a 
 man across the face with his pistol for merely standing and talking to a guard. 
 He carried a heavy pistol. He would strike a man right across the forehead. 
 This he did frequently, although I never saw him do it but once, but I saw 
 men whom he had struck. Once he robbed a man. He went and took some 
 staff buttons from a sick man in my ward ; he had them in his pocket and Dr. 
 Kerr could not get them in any other way — so he confiscated them. Buttons 
 were used as money to purchase goods ; they were worth five dollars apiece. 
 There were in the hospital six or seven messes of paroled men, and .those men 
 ate most of the vegetables. That was done while they were on duty in the 
 hospital — these men and Captain Wirz's rebel sergeants. I never heard of 
 Dr. White, Dr. Stevenson, or any of the surgeons doing that. Dr. Stevenson 
 was in charge while I was there ; Dr. White and Dr. Stevenson were there. 
 
 ACTS OF CRUELTY COMMITTED BY DUNCAN. 
 
 Cross-examined by Counsel : 
 
 I never saw Duncan take any of the things I have spoken about more than the 
 whiskey; I saw that. I have heard him give Captain Wirz advice ; I cannot say it 
 was advice ; he would tell Wirz what he would do if he had the power. He would 
 simply say, if I were you I would do so and so. That was an every day occurrence 
 very nearly. 
 
 Q. Can you remember one word that he said at those times 1 Can you tell 
 what kind of advice he gave 1 
 
 A. Nothing more than what I told you. He never gave him any advice 
 directly, but only told what he would do. I have heard him mention -that he 
 would have this man bucked, or would have a ball and chain put on that man. 
 I have heard him say that. I know that he reported to Captain Wirz that a 
 couple of men had spoken favorably of General Fremont and " Old Abe," and 
 he advised Captain Wirz to put these men in the negro squad. I heard him 
 give that advice. I don't know exactly what month that was; think it was in July. 
 I never heard him give such advice as that more than once. I cannot remember 
 any other advice given by him. I do not recollect any other language besides that. 
 I remember that, and that is all I remember. Duncan acted as a detective; all his 
 work as done at nip;ht. I never saw him do anything ; I only heard him report 
 in the morning. That is the only way I know. We did not know any of the 
 detectives except by reputation. He would report in the morning what he saw 
 during the niglit ; I cannot specify any particular thing. I don't know anything 
 that he ever reported ; nothing more than the tunnels. I considered him a 
 detective, and 1 know that he and Ritchie and Humes reported tunnels. He 
 would say that he thought there was a tunnel in this or that place by the motions 
 of the men ; he would see them working in the stockade during the night. He 
 reported tunnels frequently ; 84 tunnels were reported before August. Some 
 were reported by our own men. Duncan did the same as our own men. I 
 don't know which reported the most tunnels, Duncan or our own men ; I think 
 the majority was with our own men. So far as reporting tunnels, Duncan did 
 not do as bad as our own men. 1 suppose it was his duty as a confederate 
 officer to look out for those tunnels. I have told all that I know about 
 Duncan. 
 
 Mr. Baker stated that all the witnesses for the defence who were in attendance 
 had now been examined. One witness who was in the city was at the present 
 
TRIAL OP HENRY WIRZ. 683 
 
 ime sick and unable to leave his house, and could not, prohably, be present in 
 ;Ourt for some days ; counsel, however, would not ask any delay on his account, 
 inothei" witness, whose testimony was very lengthy and very important, was 
 lick to-day, but would probably be in attendance to-morrow. If the government 
 lad no more witnesses to offer the defence would be willing to close now, without 
 aking the testimony of the latter gentleman. 
 
 The Judge Advocate stated that the government would probably be able 
 ;o close its testimony to-morrow, so far as concerns particularly the prisoner on 
 ;rial, although there might be some other evidence in reference to the general 
 'acts as to the conspiracy, &c. He suggested that the government should now 
 offer the testimony of one or two witnesses who were present, and that the defence 
 postpone closing until to-morrow, so that they might have the evidence of the 
 (fitness who was expected to be here then. 
 
 impeachment of the ckedibility of george w. fechnor a witness for 
 
 the defence. 
 
 October 13, 1865. 
 
 Frederick W. Hille, for the prosecution : 
 
 I was in the service of the United States from May 16, 1861, until April 
 28, 1865, in the 2d Delaware regiment. I was a prisoner at Andersonville. I 
 was captured near Petersburg on the 16th of June, was taken to Andersonville 
 and was there from the 21st of June to the 16th of September, when 1 was taken 
 to Florence. While at Andersonville 1 made the acq^uaintance of one Gr. W. 
 Fechnor, who has been a witness in this case ; he had a store there. His 
 establishment was at the corner of the main street. It was not a sutler's estab- 
 lishment — he called it a fancy store. 
 
 Q. State what you know about Fechnor and' the manner in which he con- 
 ducted his trading operations there ? 
 
 Mr. Baker inquired what was the object of this line of examination 1 
 
 The Judge Advocate replied that the object was to impeach the credibility 
 of the witness Fechnor. 
 
 Mr. Baker said that the judge advocate was not pursuing the proper method 
 to carry out that object. 
 
 , Question modified. Do you know anything with regard to Fechnor's refusing 
 to give food to men who were dying 1 
 
 Mr. Baker objected to the question. The witness might have refused food to 
 1,000 men, just as we may do the same here on Pennsylvania avenue, and the 
 fact would be no impeachment of his credibility. If the object was to contradict 
 the testimony of Fechnor in reference to any particular point, the record on that 
 subject must be referred to, and if the object was to attack his general character 
 for veracity, the question must simply be whether the witness knows his char- 
 acter for truth and veracity, and then what was his character in that respect. 
 
 The Judge Advocate stated the points on which he proposed to contradict 
 the witness Fechnor. 
 
 ThePifBSiDBNT remarked that the proper course was to refer to the record 
 in reference to any particular point on which it was proposed to contradict the 
 witness. 
 
 The Judge Advocate read the following from page 3866 of the record : 
 
 Q. Were you regarded as a man of honor ? 
 
 A. Yes ; I was. 
 
 State to the court whether this man Fechnor was regarded at Andersonville 
 as a man of honor, and if not, why not 1 
 
 Mr. Baker. That will not do. You must ask the witness if he knows what 
 MS this man's reputation, and then ask him what that reputation was. 
 
684 TRIAL OF HENRY WIRZ. 
 
 Question modified. Do you know how Fechnor stood among his comrades at 
 Andersonville as a man of honor ? 
 
 A. Yes, sir. 
 
 Q. State what you know on the whole subject. 
 
 A. Every one in the whole camp complained of his cruelty. He would not 
 give anybody a cent there. He was connected with a gambling club of five or 
 six ; he would give them the money and they would go and gamble. He was 
 known as a gambler ; they called him always a gambler. 
 
 Q. What was his reputation as a man of honor there ; had he any reputation 
 of that kind? 
 
 A. I did not hear any reputation. 
 
 Q. What do you mean by that ? 
 
 A. Everybody called him mean ; and when a man is what I call mean, he 
 cannot have any honor. 
 
 The Judge Advocate read the following from page 3866 of the record : 
 
 Q. Was it honorable to fleece Union prisoners out of their money ? 
 A. I did not fleece prisoners out of their money. 
 
 Q. Is that true or not 1 
 
 A. He took money in this way ; when men wanted anything he would say, 
 " I will give you that if you will give me so much money." The man would 
 ask him for five cents' worth or ten cents' worth of something, and because the 
 man did not have two dollars to pay for it, he would say, " Gro away, I dont 
 want anything to do with you," and would refuse to give it to him. I once 
 went down to him with 50 cents and asked him for some cakes with a little batter 
 on them for a man who was in a dying condition 
 
 Mr. Baker. We object to this ; let us understand whether the witness knows 
 the meaning of the term fleece. 
 
 Q. What do you mean by fleecing a man out of his money ? 
 
 A. Cheating a man out of some money. 
 
 Q. Go on and state the circumstances you were relating. 
 
 A. I once went down with 50 cents to get some cakes with butter on them 
 for a dying man. He said that the charge was 75 cents. I said it was too hard 
 to take money from a man in that way, that it was like robbery. He said, " Well, 
 let the man die." He did not give me that. I once went down to him for 
 another man, who gave me his watch, worth $50, to take. I asked Fechnor 
 what he would give me for that watch. He said, " I will give you $2 for 
 it." I said, " I cannot let you have it for that price." The man was pretty 
 near dying and wanted something to eat. I went back to him and told him 
 that Fechnor would not give him more than 2$. He said, " Give it to him 
 for that ; I must have something to eat before I die." I went back and he 
 gave me $2 for the watch. I bought some cakes and a little cheese, which 
 was all I got for that watch ; six cakes and about an ounce of butter. They 
 were small cakes, such as we buy here for a penny. A single one of those cakes 
 there sold for 25 cents. 
 
 The Judge Advocate read from page 3928 of the record the following : 
 
 Q. Did you gamble any while you were at Andersonville ? 
 A. No, sir ; I did not. 
 
 Q. What is the truth about that ? 
 
 A. I know that he kept a gambling-board with nine numbers on it.- The 
 men had to give him so much money for the use of it, and if they would make 
 $3 they would give him $1 50. That gambling-board was what they called a 
 chuck-luck board. 
 
 The Judge Advocate read from page 3942 of the record the following : 
 
 Q. Were you in partnership with the sutler 1 
 A. No, sir. 
 
TRIAL OF HENRY WIRZ. 685 
 
 Q. Did you ever share any of his profits ? 
 A. No, sir. 
 
 Q. State whether this man Fechnor was in partnership with the sutler ? 
 
 A. At one time they were in one shanty together— 7I saw the wagons, filled 
 full of provisions, unloaded in that shanty. So far as I know they were in the 
 same shanty about four weeks ; I got siek then and was not able to go down 
 tHere any more. They had to sell in that shanty onions, sausages, meat, cheese, 
 butter, eggs, and different kinds of vegetables ; flour and potatoes and tobacco. 
 Fephtner was at one time chief of the police, as they called it chief of the regu- 
 lators. 
 
 Q. How were the regulators regarded in camp there ? 
 
 A. At first, after the execution of those six men who were hung, matters 'were 
 very good ; but about two weeks afterward the regulators themselves stole, 
 robbed, and murdered more than was done before — more than the raiders. Three 
 or four of the regulators, that I know of, went into a tent and stole things. I do 
 not know anything about Fechnor's operations as a magistrate or chief of the 
 regulators. I was never present at any of his investigations. 
 
 The Judge Advocate read from page 3822 of the record the following : 
 
 Q. Do you know anything about suffering there on account of hunger ? If so, describe it. 
 
 A. There was a great deal of suffering there on account of exposure to the weather. 
 
 Q. What about suffering from hunger ? 
 
 A I cannot say that anybody suffered from hunger. * 
 
 Q. Did or did not Fechnor see any suffering from hunger or starvation] 
 
 Objected to by counsel for the accused. 
 
 Question modified. Did you see Fechnor looking upon persons who were suf- 
 fering from hunger, or did you witness persons at his tent who were suffering 
 from hunger at the time he was there 1 
 
 A. No, sir. 
 
 Q. State what you saw. 
 
 A. One day, on the 12th of August, I went down Main street. One man lay 
 right behind the tent and Fechnor was looking out of the window. Some person 
 asked Fechnor to give that man a drink of water or whiskey as he was in a 
 dying condition. Fechnor said, "Oh, let him die, what do I care." The man 
 was lying at his tent. There was a big window where they gave the provisions 
 out. 
 
 By the Court: 
 I mean a shanty. The man died about an hour afterward. I went down there 
 and he lay there dead. He was broken down with hunger. He died in front of 
 Feehnor's tent or shanty. 
 
 By the Judge Advocate : 
 I did not know Fechnor's partner. I knew him by face, not by name. 
 Q. What was his character ? 
 Objected to by counsel for accused and question withdrawn. 
 
 Cross-examined by Counsel : 
 
 I reside in Philadelphia. I have resided there about 11 years. I was in 
 the army four years and eight months ; I was in the 2d Delaware regiment ; I 
 was in the regiment two years 11 months and 21 days before I was captured. 
 I was captured in front of Petersburg, on the 16th of June, 1864 ; I was taken 
 right to Andersonville ; I was at no other prison ; I arrived at Andersonville 
 on the 21st of June, 1864. 
 
 Q. Did you go immediately into the stockade ? 
 
 A. We had to stay about four hours before they took our names ; we were 
 
686 TRIAL OF HENRY WIRZ 
 
 about 600 or 700. I stayed in the stockade from June 21 to September 16 
 when I was taken to Florence. I have been in attendance upon this court twc 
 days. I have not while here seen Fechnor. He was a big man, stout, full-faced 
 at the time I knew him. I don't know how he looked here. I don't knoT\ 
 whether he had light or dark hair. I think his complexion was light ; I don'l 
 know for sure; I would not like to be sure about that. I cannot answer as tc 
 whether he had a light eye or a dark eye. 
 
 Q. Had he a small mouth, or a large one ? 
 
 A. I never looked into that. I cannot say exactly how many times I saw 
 him — more than fifty or a hundred times. I have seen him on the street in his 
 shirt. He was a man of about 26 years of age, I guess ; you cannot tell a man's 
 age in such a condition as we were in there. I have been in his shop or shanty; 
 at first it was situated pretty near the upper gate — the gate on the north side; 
 it was near the dead-line ; it was even ground there ; the ground was not higher 
 or lower than that near it; it was on what I call level ground; hia shanty waE 
 made of boards ; it was covered with boards ; the sides were covered with boards ; 
 theendsalso; 1 guess it was about 12 by 15 feet; ithadinitdiiferentkindsof things 
 to sell ; there were onions, tobacco, eggs, butter, cheese, potatoes ; he had a 
 partner connected with him there; I heard it was his partner; I don't know 
 anything about it. He- had the name up, "Fechnor & Oo." At another time 
 I saw ctn the sign, "fancy store;" it was no regular sign; it was simply letters 
 on the boards of the shanty — on the side of the shanty; he did not have any 
 other sign ; I did not see any. I cannot tell exactly how many times I was 
 there when I saw that .sign; maybe I saw it four or five times, and maybe 
 twenty. I am sure it was right on the side of the door; I saw it there. Hia 
 name was spelled Fechnor. I don't know that he went by the name of Ross 
 there ; I never heard him called Ross ; I don't know that everybody there knew 
 him by the name of Ross; he told me himself that his name was Fechnor; I 
 never heard that his name was Ross ; it may be that that was the name of his 
 partner; I don't know. I did not see any large sign over his place; I never 
 saw anything about the size of that curtain (about ten feet by four) hanging there, 
 over his place; I never saw that; and I was there a great many times; maybe 
 that was after I was sick, and did not go down there any more. The middle of 
 August I was taken sick. If you were on the side where the sign was you 
 could see it. I cannot tell anything that was on his sign except his name. 
 
 STATEME.XT IN REFEREXCB TO DR. MUDD'S COMPLICITY. 
 
 Upon the meeting of the court on the 14th of October, the judge advocate 
 said : I desire to make a statement to the court in reference to Dr. Mudd. The 
 only evidence against him appears to be that, in two instances, when holding an 
 artery for amputation, he removed his thumb, and let the blood spirt in the 
 face of the assistant operator — as the witness supposed, purposely and to make 
 sport. I am assured by Dr. Bates, whom I regard as a very reliable gentleman, 
 that Dr. Mudd is not capalile of doing an inhuman act of that kind. I do not 
 wish to be the means of attaching opprobrium to Dr. Mudd. Dr. Bates saya 
 that he was present on one of those occasions, and that this was one of those 
 ordinary occurrences that take place in amputations, where the operator is obliged 
 to let the artery display itself. 1 therefore hope that Dr. Mudd is not to be 
 connected in this case. 
 
 General Thomas. I have seen a great many amputations, and I know that 
 that is a common practice; it is constantly done, and must be done. 
 
 The Judge Advocate. I felt it due to Dr. Mudd that he should have the 
 benefit of this public statement. I do not think that it is the purpose of this 
 court, and it certainly is no part of my purpose, to attach any blame to any one 
 wrongfully or improperly. 
 
TRIAL OF HENRY WIRZ 687 
 
 a comparison between andersonville and other rebel prisons. 
 
 October 14, 1865. 
 Edward Wellington Boate, for the defence: 
 
 I was in the service of the United States; in the 42 New York volunteers. 
 I was a prisoner at Andersonville from February 24, 1864, till August 7, 
 1864; I was taken prisoner October 14, 1863. I was first taken to Belle 
 island ; I was there from October 24, 1863, till February 19, 1864, when I left 
 Belle island for Andersonville, where I arrived the 24th of the same months. 
 The fare at Andersonville was about three times the quantity, both in meat and 
 meal, that it was at Belle island ; in other respects it was better — better at 
 Andersonville than Belle island. I had meat at Belle island the last month 
 before I left twice, with an interval of a fortnight between the two times. At 
 Belle island we got quarter rations — a quarter of a loaf of bread, with a small 
 bit of meat about that size, (about five inches by three ) 
 
 Q. AVbat was the condition of Andersonville when you were taken there as 
 to the number of prisoners, the condition of the prison as to coverings, conveni- 
 ences. Sect 
 
 A. I was among the second five hundred that arrived at Andersonville. There 
 was no tent fixed up, except a small one made of pine boughs. The prison was 
 not completed ; the stockade was but three-quarters built; one-quarter was not 
 completed. 
 
 Q. What was the condition as to health of the prisoners carried with you to 
 Andersonville from Belle island, in comparison with those at Andersonville? 
 
 A. They were sick generally ; some of them died on the way; some were 
 sick in the car in which I was conveyed. 
 
 THE RATIONS. 
 
 My first rations at Andersonville were about a pound of beef, salt and fresh 
 and two sanitary cups of meal ; no coffee. We got beans at the same time. We 
 got sweet potatoes the day of our arrival. The rations diminished. Instead 
 of two sanitary cups of meal, we received sometimes a cup and a half. The 
 rations got smaller as the prisoners increased. I arrived there at night, and the 
 liext morning Sergeant Duncan gave to each squad about six skillets, so far as 
 I remember, for cooking our rations, stating that as soon as the cook-house and 
 bakery were completed, we would receive cooked rations. The cook-house at 
 that time was in course of completion. I think it must have been in the month 
 of April that I got cooked rations. Our own men did the cooking at the bake- 
 house. The bread cooked there was bad ; it was burned on the outside, and 
 raw on the inside; this was not always the case, but generally it was; it was 
 badly baked. The prisoners sometimes ate the rations, and sometimes they 
 could not eat them and threw them away ; I speak now with regard to the 
 bread. 
 
 By the Jddge Advocate: 
 I am speaking of my fellow-prisoners in the stockade. 
 
 CONDITION OF THE PRISONERS IN THE STOCKADB. 
 
 In the course of probably two months after I reached there they diked the 
 swamp; they improved it; they fixed it up for water at the head of the stock- 
 ade, as they used to call it, and for washing purposes at a certain point. The 
 police squad did exactly what I was just telling you; they diked the swamp. 
 So far as I know, they had to clean the place every morning. How large that 
 squad was, or of what it consisted, is a matter merely of opinion — about 150 
 men, so far as I know. 
 
688 TRIAL OF HENRY WIRZ. 
 
 Q. What was the condition of the stockade as to comfort and convenience 
 for the first two or three months you were there? 
 
 A. The men had the privilege, generally, of getting pine boughs and erecting 
 tents for themselves. So far as I can form an opinion, the causes of the stock- 
 ade being so rapidly filled up were the campaigns of General Grant and General 
 Sherman. The stockade was originally intended, so far as I could understand, 
 for ten thousand men. 
 
 The Judge Advocate. State only what you know. 
 
 1 knew to what armies the men coming in belonged. 
 
 Q. Do you know anything about efforts to get prisoners to enlarge the stock- 
 ade, and what was said and done on that occasion? 
 
 A. I remember Captain Wirz having a number of men brought out 
 
 By the Judge Advocate : 
 
 I was then detailed to go out with them; I did not go out with them. I was 
 in Dr. White's department at the time. A number of prisoners came before 
 Captain Wirz; he had sent for them; he said, "Now, that stockade below is too 
 crowded for you, and I have no labor to increase the size of it ; all the black 
 labor is engaged on farms, and I have hardly enough men, in fact, to guard you; 
 I ask you to come out; I will give you a.xes; come out and increase the stock- 
 ade to any extent that is necessary for you." 
 
 The reply was, " Captain Wirz, we do not want to comp out to work, for we 
 have been told by recent prisoners who have arrived in the stockade, that if 
 we go to work for rebels our pay will be stopped, and we will be tried and prob- 
 ably sent to the Dry Tortugas." 
 
 (To the court.) I heard this conversation myself. Captain Wirz said, 
 " Your government are not such rascals or such fools as to blame or punish you 
 if I can give you ten feet of room instead of four, if you come out and work for 
 it." 
 
 I know there were 1,500 piisoners coming in some days, at least I estima- 
 ftei it at that number. I know of an investigation in reference to the class 
 of prisoners most liable to sickness and death, the Belle island prisoners. 
 When the mortality became so great it became a question there as to what class 
 of prisoners that mortality was the greatest among, and I heard a discussion 
 between Dr. White and Captain Wirz. Dr. White had a theory, and he brought 
 facts to substantiate it, that they were the prisoaers from Belle island who 
 'suffered most ; aud it was apparent to all of us that such was the case. 
 
 STOPPAGE OF RATIONS. 
 
 ' About the 17th of March, as far as my memory will reach, there was a gene- 
 ral count of prisoners. The count first took place on the north side of the 
 stockade; but as each hundred was counted, they were dismissed to their quar- 
 ters. As the sergeants were counting them along our own men went across the 
 swamp and joined the south side, and endeavored to get under different names 
 from their real names, they being in the second squad. The effect of that was 
 that our rations were stopped, as I understand, until the count was fixed cor- 
 rectly. 
 
 Q. Do you know to what extent they had carried that ? 
 
 A. It is a matter of hearsay that it amounted to 1,700 or 2,000 rations. I 
 have not seen the figures ; but I have been told so. I knew of the thing being 
 done, but I did not know the extent. In a day or two afterwards the prisoners 
 inside spoke to Captain Wirz about it, aud he said : " I have no interest ia the 
 world in stopping your rations ; but you have not done what was right, and 
 1 was obliged to stop your rations on that day." That is the substance of his 
 remarks. 
 
TRIAL OF HENRY WIRZ. 689 
 
 By the Court : 
 
 I got nothing at all to eat that day except a handful of meal that I had from 
 the day before. Some of the others had some from the day before ; generally 
 speaking they had a small portion of rations from the day before. 
 
 Generally speaking the rations were issued between 9 and 10 o'clock in 
 the morning, and they saved a part of their rations until the next day ; they 
 had a small remnant of them. The ration was then about a pint and a quarter 
 of meal, and some little beef, about three-quarters of a pound. There were 
 some bones occasionally. 
 
 By Counsel : 
 
 About that time it was frequent to have some of our rations left over. That 
 was before they got so short. 
 
 Q. Can you tell how the sergeants would make up their numbers when any 
 were missing 1 
 
 A. In my own squad there were three or four, probably five, as far as I remember, 
 who made their escape ; and the sergeant of the squad called men from another 
 squad before the sergeant counted and made up the number. That could not 
 be done generally, but it was done on this occasion probably five days consecu- 
 tively. The sergeant was brought out and subjected to severe reprimand from 
 Captain Wirz ; he told me so ; that was, if it was found out. 
 
 THK CBAEGES OF MURDER AGAINST VVriKZ. 
 
 During the time I remained in the stockade, I never knew or heard of Captain 
 Wirz committing any assault on any prisoner there. I never heard of such a 
 thing as Captain Wirz shooting, beating, or in any way injuring a man so that 
 he died, until this trial. 
 
 THE DISPOSITION AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PUISO.NEES. 
 
 Q. What do you know about an outbreak there ? 
 
 A. I did not know anything about an outbreak ; but I heard that there was 
 to be such a thing. I know that Captain Wirz sent for the sergeants and 
 addressed them. (To the court.) It was at his headquarters. They were 
 brought out. He said to them : " Men, I am aware that there is an outbreak on 
 foot, and I desire to warn you. I do not wish to take any advantage of your 
 position, but if you attempt it I will be obliged to open the artillery here upon 
 you. I advise you, therefore, as sensible men, not to attempt anything of the 
 kind." On that occasion one of the soldiers said : " Captain Wirz, will you 
 help us to get exchanged out of this place ? Will you forward a petition for 
 us ? " He replied, " certainly," and said in addition to that, " I suppose you are 
 short of stationery down in the stockade ; come in and help yourselves to as 
 much paper and stationery as you require." On that occasion Private Higgin- 
 son, who has since been made a major, came in and took away a quantity of 
 paper from Captain Wirz's ofiice. . , 
 
 Q. Did that have the effect of preventing for a while the constant attempts 
 to break out ? 
 
 A. I cannot tell anything about that. 
 
 Q. Did you hear of any attempts for some time afterwards '! 
 
 A. No, sir. 
 
 Q. Was that the occasion when the prisoners had formed a plan to turn the 
 guns on the rebel guard, and overpower them 1 
 
 A. I do not know anything about that. 
 
 <jeneral Thomas, (to Mr. Baker.) You have several times assumed that to 
 be the fact, but, so far as I know, there has been no evidence showing it. 
 
 Mr. Baker. It is a fact sworn to by government witnesses, and you, general, 
 H. Ex. Doc. 23 44 
 
690 TRIAL OF HENEY WIEZ. 
 
 I recollect, interrogated a witness on that point : and when ho made his state- 
 ment you remarked, " That is someting new to me." 
 
 General Thomas. That is not my recollection, and I would like to have the 
 record referred to on that point. 
 
 Mr. Baker. I am confident that the record will show my position to be correct. 
 
 The Judge Advocate. I do not think the record will sustain the gentle- 
 man. 
 
 Mr. Baker. Well, look it up. 
 
 The Judge Advocate. The burden of proof is upon you. 
 
 Mr. Baker. Not at all. Major Bogle, a witness whom we intended to exam- 
 ine to show that he originated that plan himself, we were not allowed to retain. 
 I wanted him retained for that purpose, but the judge advocate refused to sub- 
 po8na him. 
 
 The Judge Advocate. Mr. Baker, that is false. 
 
 Mr. Bakeb. It is not false. You told me, the last word you said on the sub- 
 ject, that he should be here. 
 
 The Judge Advocate. I ask the court to quiet the gentleman, or I will ask 
 permission to do it myself. I say distinctly that I have never refused to sub- 
 poena Major Bogle as a witness for the defence. I say it on the honor of an 
 officer and a gentleman, and I defy any gentleman to prove the contrary. 
 
 Mr. Baker rose to reply, when 
 
 The Peesidbjjt. Gentlemen, this controversy must not go one word further. 
 Mr. Baker, you will proceed with your examination. 
 
 Mr. Baker. I ask permission of the court for one moment. 
 
 The President. No, sir ; let it stop here. There is no need of any expla- 
 nation ; the matter has gone far enough. 
 
 Mr. Baker. I do not want to make an explanation, but 
 
 The President. Proceed with your examination ; you must obey the order 
 of the court. 
 
 Mr. Baker. I will obey the order of the court, but 
 
 'J'he President. Go on with your examination, or else leave the case. 
 
 Mr. Baker. I will not have an assertion made here that I have not the po wer 
 to correct. 
 
 The President. Take your seat, sir; we must have oi'der. 
 
 Mr. Baker. Have I not the right to ask the court a question ? 
 
 The President. I will order you out of the court-room, sir, if you do not 
 take your seat or else proceed with your examination. 
 
 Mr. Baker. I ask permission of the court respectfully to ask a question, and 
 it can hardly refuse me. 
 
 The President. To ask a question of the witness 1 
 
 Mr. Baker. No, sir; a question of the court. 
 
 The President. Proceed with the examination of the witness. 
 
 Mr. Baker. Then I will have to correct the matter outside if I am not allowed 
 to do so here. 
 
 The Judge Advocate. I will meet you on any occasion, and in any place. 
 
 Mr. Baker. I don't want to meet you; I simply want to correct your asser- 
 tion. 
 
 General Thomas. If this does not cease instantly, I shall move to expel the 
 counsel. 
 
 General Geary. Aud I will second the motion. 
 
 The President. That would be perfectly justifiable. The course of the 
 counsel is altogether unendurable. 
 
 The Judge Advocate. I hope the counsel will be permitted to go on with 
 his case, as this is a personal matter. 
 
 The President (to Mr. Baker.) Do you wish to proceed with the examina- 
 tion of the witness ? 
 
TRIAL OF HENRY WIRZ. 691 
 
 Mr. Bakbr. I wish to proceed if I can have the same privileges as the coun- 
 sel for the government. 
 
 The Judge Advocate. I certainly hope that the gentleman will be allowed 
 to proceed with his examination. 
 
 The President (to Mr. Baker.) Go on with your examination of the wit- 
 ness. 
 
 Mr. Baker. I do not disobey any order of this court or any other. 
 
 The examination of the witness was resumed. 
 
 Q. What do you know as to the proceedings taken at Andersonville to have 
 our prisoners exchanged ? 
 
 A. I know that they held meetings in camp and appointed six men as a com- 
 mittee, I being the chairman, to come forward to the late President and seek an 
 exchange of prisoners. 
 
 Q. Did General Winder or Captain Wirz have anything to do with that ? 
 
 A. Captain Wirz seconded that effort, I thought, as far as he was capable of 
 doing ; and General Winder, with whom 1 had two interview?, forwarded to our 
 late President our papers and a copy of the resolutions and memorial requesting 
 that he would permit us to leave the stockade and come forward to Washing- 
 ton. 
 
 Q. Was that shortly after this matter of the outbreak, or about that time ? 
 
 A. The matter seemed to me to have originated at the time that Captain 
 Wirz sent for those men with respect to the intended outbreak. 
 
 Q. Can you tell in what month that was ? 
 
 A. I suppose it must have been some time in the month of June — perhaps 
 about the 24th or 25th ; I am not positive. 
 
 (A paper was here shown to witness.) 
 
 Q. Examine that paper and state what it is. 
 
 A. I believe it is a copy of the memorial and proceedings had at Andersonville 
 which I with others came forward to present to the late President. 
 
 Q. While you were there did you see the petition ? 
 
 A. I saw the original petition. 
 
 Q. Do you know anything about the handwriting ? 
 
 A. I believe it to be in the handwriting of one of the six who came forward ; 
 I think it is Dennison's handwriting ; I am not satisfied about that. 
 
 Q. Was Dennison one of the parties chosen ? 
 
 A. He was one of the six. 
 
 Q. Do you know whether the original was destroyed or not ? 
 
 A. The original was given into the hands of Colonel Hall, at Hilton Head, 
 with a letter from Major General Stoneman. 
 
 The Judge Advocate. State nothing but what you know. 
 
 Q. You were one of the committee chosen to come ou with that memorial ? 
 
 A. Yes, sir ; the paper was taken from me by Lieutenant Tracy, who testi- 
 fied on this stand, and was brought to Colonel Hall, who was deputy provost 
 marshal. I have no desire to give any testimony except what I know. I am 
 satisfied these are the facts. 
 
 Q. Can you tell the number of prisoners who were chosen there to go to 
 Washington ? 
 
 A. Six. 
 
 Q. Can you give the names of each of them 1 
 
 A. Yes, sir ; they were Prescott Tracy, Sylvester Norrit, Dennison, Johnson, 
 and Higginson, (whose first names I do not know,) and myself. 
 
 Q. Were any others associated with you 1 What were the whole number of 
 them 1 
 
 A. Twenty-one, but they had no reference to the question of exchange. 
 There were twenty-one sent forward from Andersonville on this ground, as I 
 heard stated by Captain Winder ■ 
 
692 TRIAL OF HENRY WIRZ. 
 
 The Judge Advocate. You need not state that. 
 
 Q. Did they leave Andersonville 1 
 
 A. Yes, sir ; twenty-one, inchiding the six commissioners. 
 
 Q. Were you among them ? 
 
 A. Yes, sir. 
 
 Q. Where did you go 1 
 
 A. We came to Macon ; from Macon we went to Augusta ; then down tc 
 Charleston ; from Charleston to Beaufort, and from there to a place in the 
 neighborhood called Pocotaligo, where we were exchanged ; that is nine out ol 
 twenty-one ; two of the six were detained. 
 
 Q. You were allowed to come north on your errand ? 
 
 A. Yes, sir ; we came to New York and sent forward Tracy and Non-it to the 
 President. 
 
 Q. Did you receive any communications from them afterwards ? 
 
 A. I received a letter from Lieutenant Tracy, which I presume yon have in 
 your possession — at least a copy of it. 
 
 Mr. Baker. I now propose to offer in evidence the paper which lias been 
 exhibited to the witness. 
 
 The Judge Advocate objected. He said that there was no evidence that 
 the original ever reached any of the United States authorities, and there wasnc 
 evidence that the original had ever been destroyed, or had been disposed of iu 
 such a way as that it could not be procured in court In addition to that, there 
 was no evidence that the paper now produced here is an accurate copy of the 
 original. In the second place the evidence proposed was wholly immaterial and 
 irrelevant as a defence. It did not make any difference as to the guilt of the 
 prisoner whether our govei-nment had received a petition of this kind or not ; 
 and if the evidence was admitted, it would throw upon the prosecution the bur- 
 den of proving that the United States government was not responsible in the 
 matter. If that question should be gone into, the case would be indefinitely 
 prolonged. 
 
 Mr. Baker replied that the witness had shown that the original paper had 
 been placed in the hands of Colonel Hall, a United States oflScer. The papers oi 
 all United States officers are the property of the government, and are supposed 
 to be in its charge and custody. The government must produce the paper, ot 
 we have a right to produce a copy. 
 
 The Judge Advocate. The government has not been asked to produce it, and 
 I do not know that it is now in the custody of the government. 
 ( Mr. Baker. It would not be of any use for me to ask you for it. In thi 
 next place Captain Wirz is charged here with conspiring with certain othei 
 persons to destroy the health and lives of Union prisoners under his care. W( 
 propose to show that, so far from his being implicated in any such attempt, he 
 took active measures with a view to having our government effect an exchange 
 and get those prisoners out of his hands — that he actually sent those six Union 
 prisoners to our government to beg that an exchange might be effected. 
 
 The Judge Advocate. The court will observe that those persons did not 
 act iu any official capacity whatever. Besides that, it may be admitted thai 
 General Winder and Captain Wirz did allow certain persons to come north, anc 
 yet that might be no material matter for the defence. The parties representing 
 the rebel government at Andersonville have no authority whatever with regard tc 
 the exchange of prisoners ; and neither the rebel government nor the Unitec 
 States government would be at all bound by their action. In reply to his as 
 sumption that I have that record in my possession, I will say that I have it not 
 He has remarked also that I would not give it to him if he asked it. Inreplj 
 to that I must say that I would most cheerfully give him that paper if it wert 
 ;in the power of the government to produce it. 
 
 Mr. Baker. I did not say that you had it. I said that the presumption wa 
 that it was in possession of the government. 
 
TRIAL OF HENRY WIEZ. 693' 
 
 The Judge Advocate. If the gentleman requests it, I will send to the War 
 Department and get an official statement that no such document has ever been 
 received. 
 
 Mr. Baker. That would not be necessary, because so long as we show that 
 it was put into the hands of a government officer, that answers our purpose. 
 The presumption is that it is now in the hands of the government. 
 
 Witness. It was printed in all the papers at the time. 
 
 Mr. Bakeb. The judge advocate has remarked that General Winder and 
 Captain Wirz had no authority in reference to the exchange of prisoners. 
 That makes the case so much the stronger for us. It would tend to show that 
 they took the responsibility of going outside of their authority in order to do 
 this humane act. 
 
 The President remarked that it had not been shown with sufficient distinct- 
 ness in the evidence thus far that the paper now offered was a copy of the 
 original. 
 
 Mr. Baker. I will ask the witness to examine the paper more thoroughly, 
 and state whether it is a true copy. 
 
 Witness. All ] can swear about it is that I believe it to be a true copy. I 
 have had it in my possession since I arrived in New York. There were several 
 copies of it. 
 
 Q. (By the Judge Advocate.) Did you see the original given to Colonel 
 Hall? 
 
 A. I did not ; after examining this paper, I believe it to be a true copy of 
 the original. 
 
 Q. In whose handwriting is it ? 
 
 A. I believe it is Dennison's handwriting. 
 
 Q. Have you seen him write ? 
 
 A. Yes, sir. 
 
 Q. Frequently or otherwise 1 
 
 A. Not frequently. I saw the original; and this is to the same purport and 
 the same effect. 
 
 By the Court : 
 
 Q. Where is Dennison 1 
 
 A. I do not know ; we left him behind at Pocotaligo ; only nine of us could 
 get exchanged, and two of the committee were retained. 
 
 Q. To whom was this paper given ? 
 
 A. Tracy came to me for it. I was custodian of the papers. He came to 
 me at Hilton Head and said Colonel Hall would forward our efforts for exchange 
 as much as he possibly could. 
 
 Q. Who was Colonel Hall ? 
 
 A. Deputy provost marshal at Hilton Head under General Foster, as far as 
 I understood. I gave Tracy the papers, including the letter from Major General 
 Stoneman, and, so far as I could see, he took them across to Colonel Hall. I 
 saw them afterwards printed contemporaneously with my arrival in New York. 
 On my arrival at the Herald office to give a description of the sufferings of the 
 prisoners at Andersonville, there were exhibited to me copies on tissue paper of 
 those documents which had been brought on from Andersonville and from Gen- 
 eral Stoneman. 
 
 Q. Did you see the paper delivered to Colonel Hall 1 
 
 A. I did not see it delivered, but I have my own moral conviction that it was. 
 
 Q. Who do you think delivered it 1 
 
 A. Lieutenant Tracy. 
 
 Q. But you have no knowledge of the fact 1 
 
 A. No, sir ; I did not see it done. I saw it printed afterwards in a news 
 paper. It was sent forward by the Associated Press. 
 
694 TEIAL OF HENRY WIRZ. 
 
 Q. From where waa it sent forward 1 
 
 A. Prom Colonel Hall's department, but I do not know who sent it. 
 
 Q. Did you furnish it to the Associated Press ? 
 
 A. No, sir. 
 
 Q. Who did ? 
 
 A. When it left my custody, it was given into the custody of Tracy, who I 
 understood took it to Colonel Hall. 
 
 Q. You do not know who furnished it to the Associated Press ? 
 
 A. No, sir. 
 
 The court was cleared for deliberation, and when the doors were reopened, 
 
 The President stated : Mr. Baker, the court are of opinion that there is not 
 sufficient evidence that the paper which you seek to introduce was ever put into 
 the hands of the government or reached the government authorities officially or 
 in any way ; and that in the next place, even if there is sufficient evidence to 
 justify the presumption that the paper did reach the government in any manner, 
 there is not sufficient proof of the loss of the original paper so as to justify the 
 introduction of this supposed copy. In order that you may not be deprived of 
 any benefit which you may expect to derive from the introduction of this paper, 
 the court have directed the judge advocate to apply to the government officially 
 to ascertain whether or not such a paper ever did get into the hands of the gov- 
 ernment, with the understanding that at any time hereafter during the trial this 
 paper, when the proper foundation has been laid, may be introduced. 
 
 Q. You arrived in New York on that errand on your way to Washington ? 
 
 A. Yes, sir. 
 
 Q. What did you and your comrades do after arriving north 1 
 
 A. I was ill and confined to my bed, and Tracy, who took the management 
 of aifairs into his own hands, applied to General Dix for transportation to come 
 on to Washington, and he was refused, so far as I understand ; and the Sanitary 
 Commission obtained for us transportation. Tracy came on to Washington. 
 
 Q. Did you in any way relinquish your position and confer it upon Tracy ? 
 
 A. I did, and I wrote him a letter, which has been published, descriptive of 
 our sufi'erings at Andersonville. He came to Washington. 
 
 The Judge Advocate. You need not state that, if you did not come with 
 him. 
 
 Q. Did you send him ? 
 
 A. Yes, sir; I sent him. I wrote a letter declining my position as chairman 
 of the committee. In a day or two I received a letter from him to the effect 
 that the President 
 
 The Judge Advocate. You need not state further. I object to any evidence 
 of the contents of that letter. 
 
 Q. Is that original letter out of your possession ? 
 
 A. Yes, sir. 
 
 Q. Do you know anything about where it is ? 
 
 A. No, sir ; the original, I believe, is destroyed. There is a copy in existence. 
 
 Mr. Baker. Having now shown that this letter was destroyed, we now pro- 
 pose to show that this witness received a letter from his associates on that com- 
 mittee, dated Washington, which stated in substance that they were here waiting 
 on the authorities, makingknown their business to the authorities, and were refused 
 to confer with the authorities on that subject. 
 
 The President. What authorities t 
 
 Mr. Baker. The President and Secretary of War as I understand — one or 
 both of them. 1 will not be particular on that subject. The highest authori- 
 ties who had anything to do with that subject. 
 
 The Judge Advocate. The witness has stated that he did not come to Wash- 
 ington, and the proposition is to prove by him that somebody else came here and 
 did something of which he has no knowledge. The proposition of the counsel 
 
TKIAL OF HENEY WIRZ, 695 
 
 is to prove, in this unheard-of way, a fact which can scarcely he believed of a 
 man whose name and fame are so unstained and so unimpeachable as that of 
 President Lincoln. That this committee were refused a conference with the late 
 President upon a subject of this kind is improbable, and I may say preposterous. 
 This court must not allow a slander of that kind against the memory of so great 
 and good a man as President Lincoln to be repeated by this witness who has no 
 knowledge of the facts. 
 
 Mr. Baker. The judge advocate certainly has not understood properly the "' 
 offer of evidence which I made. His stump speech with regard to President 
 Lincoln has nothing to do whatever with my proposition. He has no more rev- 
 erence for the memory of that great man than I have, and I would be the last 
 one to say anything that would reflect in any way on President Lincoln, or any 
 one connected with the government. But my duty as a lawyer here is to show 
 that my client is not guilty of the enormities charged against him, and in doing 
 so I propose to show that he made efforts to have the prisoners released and al- 
 lowed to go to their homes. Our proposition is to show that this committee in- 
 formed a member of it, who stated the fact, in a letter which has been destroyed, 
 that they could not get an interview after trying for two or three days. I will 
 not be certain whether it was with the President or the Secretary of War, or 
 both, but that they could not succeed in obtaining a conference with what I may 
 denominate the head of the government. I have followed this up by the testi- 
 mony of Colonel Ould (and this statement has been made to the counsel for the 
 government) that after this a proposition was made to the federal government to 
 send 15,000 of these prisoners home from Andersonville without asking any 
 equivalent, so anxious were the authorities there to get rid of these prisoners, , 
 and that that proposition was refused. 
 
 General Thomas, (to Mr. Baker.) Why do you not produce the person who 
 came to Washington? 
 
 Mr. Bakeb. The government has examined him and sent him away. 
 
 The Judge Advocate. You did not ask for him. 
 
 Mr. Baker. Of course I did not, because I did not know at that time that 
 he was a member of that committee ; but if I had known it, I would have had 
 him retained. 
 
 The President. Is his whereabouts known ? 
 
 The Judge Advocate. Yes, sir ; he can be found in 24 hours. 
 
 Mr. Baker. Then produce him for us. We ask for him, and we also ask 
 for Colonel Ould. 
 
 The Judge Advocate. You said a few days ago that vou did not want 
 Colonel Ould. 
 
 Mr. Baker. I agreed to ask no more adjournments for him or any other wit- 
 nesses, but when you place me in this position, I turn upon you and say, give 
 me the testimony of this man. 
 
 The Judge Advocate. The only practical point in the evidence offered by 
 the defence is that Captain Wirz and General Winder made efforts leading to 
 the coming of certain persons here to Washington. What these persons did has 
 nothing whatever to do with this case. When it has been shown that General 
 Winder or Captain Wirz expressed a wish or intention on that subject, that is 
 all there is in the matter. Whether our government acted rightly or wrongly 
 on the subject can be no defence with them. If the evidence which is offered 
 be allowed to come in, the court may be required to sit some time longer to de- 
 termine whether the government of the United States is to blame in the matter. 
 Mr. Tracy has been here as a witness for the government, and he woixld have 
 been retained for the defence if he had been asked, or would have been sub- 
 poenaed subsequently if such a request had been made. But now, here at the 
 close of the trial, we are called upon to meet points which seem purposely to 
 have been reserved for this occasion. 
 
696 TKIAL OF HENEY WIKZ. 
 
 Colonel Stibbs inquired of Mr. Baker what was the object in offering the 
 proposed evidence. 
 
 Mr. Baker. To show that the committee came forward and that they did their 
 duty; that they were a committee for a legitimate purpose, and that they tried 
 to carry out that purpose. I propose afterward to show that Colonel Quid tried 
 to do the same thing in another way. 
 
 '^ General Thomas. It is perfectly well known that our government would not 
 consent to the exchange of prisoners so long as the rebel government refused to 
 recognize the United States colored troops as prisoners of war, and murdered 
 them. Our government was certainly right in the position which it took, and 
 ' would not have been justified in taking any other. 
 
 ~ Mr. Baker. I know that there is a great question in reference to that, but I 
 want to avoid all that. 
 
 The court, after deliberation, sustained the objection. 
 
 Q. Do you know anything about any ladies being brought to Andersonville 
 with prisoners, the wives of prisoners 1 If so, state what treatment they received 
 from Captain Wirz 
 
 A. Yes, sir ; two ladies came there in that way. As to the iirst lady who 
 came with her husband, (I did not know her name,) I understood (if this will he 
 admissible testimony) that Captain Wirz sent her to his own house, and that, 
 she having insulted the family, he removed her. The other lady was in a very 
 delicate condition, and Captain Wirz gave her and her husband a tent at head- 
 quarters — one of the best tents he had — until her illness was over, and he had 
 her kindly treated. 
 
 Q. What order did he give in relation to her treatment ? 
 
 A. He had a tent ordered for herself and husband, and paroled her husband — 
 detailed him in connection with the hospital during her illness. 
 
 Q. Do you know anything about little boys who were brought there as pris- 
 oners ? 
 
 A. I know that about seventy, or probably eighty boys were paroled — ^brought 
 out and put on nominal detail duty connected with the hospital. I know that 
 they were permitted to go and pick blackberries, and Captain Wirz ordered them 
 to bo given tin pails to pick their blackbenies in. 
 
 TREATBIKNT OF THE SICK. 
 
 There was an average of a barrel of whiskey a day sent to the hospital and 
 stockade for the prisoners. Eggs were sent to the hospital, not the stockade. 
 Tea, sugar, and matters of that kind were sent to the hospital daily. I know 
 that eggs were selling at Andersonville around there at $3 50 per dozen. I 
 will not speak in regard to the eggs, but I will speak in regard to the vegetables. 
 Dr. White, not Captain Wirz, gave the order, " Bring all you can find of these 
 things and I will pay you any price." They came in very limited quantities, 
 but I heard Captain Wirz offer to pay any price that they demanded, and tell 
 them to bring him all the articles of that character that they could find round 
 the country. I know something in reference to the sickness of the surgeons ; I 
 knew Dr. White and his assistant to be sick there from the prevailing disease from 
 time to time. I know something in regard to the sickness of Captain Wirz; I 
 knew that he was very weak and was obliged sometimes to rest and sleep in the 
 day-time on a bed in Dr. White's room. I know that I wrote requisition after 
 requisition from time to time to the medical headquarters at Macon, and I know 
 that Dr. White went to Macon — that is, so far as I know, he did — he left An- 
 dersonville and went several times to hurry on medicines for the men. Medi- 
 cines were sometimes very scarce; very often for weeks they had none. 
 
TRIAL OP HENRY WIRZ. 697 
 
 PROPOSITIONS MADE TO PRISONERS TO JOIN THE REBEL AR.MY. 
 
 Q. Did you know anything about letters from our prisoners offering to take 
 tlie oath of allegiance to tlie southern confederacy 1 
 
 A. Captain Wirz showed me several letters. Sometimes there were as many 
 as twenty from our men in the stockade — at least, I believe so ; I did not see 
 them written — offering to take the oath of allegiance. He told me, "Destroy 
 these letters. I don't like a deserter, north or south." 
 
 THE HANGING OF THE RAIDERS. 
 
 Q. Do you know anthing about the trial and conviction of the raiders — who 
 they were, what they were, &c. ? 
 
 A. Yes, sir. 
 
 The Judge Advocate. If there is nothing additional to be shown on this 
 subject, I will admit the fact so far as you have proved it. 
 
 Mr. Baker. We have all the original documents here which we propose to put 
 in. 
 
 I was official reporter of the trial on that occasion. 
 
 Q. What were the circumstances of the organization of that trial 1 
 
 A. One morning a man named Dowd was brought out from the stockade to 
 Captain Wirz's headquarters. His face was bleeding, and there weje marks of 
 violence on his person. His pants were turned up and his shins apparently had 
 been kicked ; they were all battered ; there were abrasions upon them. He made 
 his complaint that he had been attacked. 
 
 The Judge Advocate. You need not state what the complaint was. State 
 merely what was done in consequence of his complaint. 
 
 Witness. In consequence of it an order was issued by General Winder through 
 the instrumentality of Captain Wirz, authorizing a number of men to hold a 
 court for the trial of those raiders, and a court was established. The members 
 of that court were selected from the most recently arrived sergeants of squads. 
 
 Q. Why was that done ? 
 
 A. They wished to avoid any appearance of partiality or prejudice. That 
 was the reason assigned — that if the men selected had known at Belle island or 
 elsewhei'e these prisoners who were put upon their trial, they might be preju- 
 diced against them, hearing of their evil deeds previously. Twenty-four were 
 selected from all the sergeants of squads who had been brought that morning 
 from Captain Wirz's headquarters. From these twenty -four twelve were balloted 
 for. I reported the proceedings. The tiial was held. I presume you (addressing 
 Mr. Baker) have the proceedings and know all about it. There was an order 
 from General Winder authorizing the formation and establishment of the court. 
 I copied it myself from the original document. 
 
 Q. (A document being exhibited to the witness.) Examine that document 
 and state whether it embraced the original proceedings of that trial, the order of 
 General Winder, and everything of that kind. 
 
 A. Yes, sir. The order authorizing the execution of the sentence is not there, 
 but there is, I believe, in your hands a printed copy which I can prove to be a 
 true copy. 
 
 (By the Judge Advocate:) The charges are embraced in the order of 
 General Winder. If you will take it from a newspaper I will swear that it is a 
 true copy. 
 
 Q- (A printed slip being shown to the witness ) Examine that and state 
 whether it is a copy of the order of General Winder. 
 
 A. That is a copy of the original document as I saw it. The original was 
 destroyed. 
 
 (By the Judge Advocate :) Well, it was worn away and broken. I did 
 
698 TRIAL OF HENRY WIRZ. 
 
 not have the original, but I saw the copy which was made of the original, and 
 which I retained. The printed document which I have before me is the 
 document ordering these men to be executed. It is a copy of a document, the 
 original of which I saw, and I saw a copy made of it, signed by John H. Winder. 
 It approves the sentence ordering the execution. 
 
 Q. What is the written document which has been handed to you, and what 
 does it contain ? 
 
 A. There is here a written paper authorizing the formation and constitution 
 of the court ; it is signed by General Winder. The proceedings set forth in that 
 document are the testimony taken before the twelve jurors and the court at that 
 time. It was taken down by myself. That is the original paper taken at the 
 time. 
 
 Mr. Baker proposed to offer iu evidence the written document and the printed 
 slip just exhibited to the witness, embracing the order of General Winder con- 
 stituting the court for the trial of the raiders, the original testimony and all the 
 proceedings of the trial, and also a copy of the order of General Winder approv- 
 ing the sentences of the court and ordering their execution. As to the printed 
 slip, the original had been destroyed, or, at least, it was impossible to produce it. 
 Counsel remarked that these papers embraced much that would tend to exonerate 
 Captain Wirz from any blame in reference to the transaction in question. These 
 papers would show many important facts, very important for the defence. He 
 would not ^numerate the principal points on which he proposed to rely, but he 
 desired that the whole should be put in evidence, in order that any part of it 
 material to the defence might be used. 
 
 The Judge Advocate objected to the admission of the evidence proposed. The 
 trial in question was admittedly of the most irregular character, having been 
 conducted in the midst of a mob. The surroundings were such that justice could 
 not possibly be administered. The witnesses examined there could not be cross- 
 examined here. Counsel for the defence could hardly argue gravely that the 
 proceedings of such a court could be admitted as proof of the facts that came 
 before it. Neither Captain Wirz nor anybody implicated in this case was on 
 trial before that court, and no part of the pioceediiigs could be taken as an ac- 
 quittal in regard to those parties. 
 
 Mr. Baker replied that wherever there had been a court of any kind convened, 
 it was proper to offer in evidence the whole record of its proceedings. The 
 record now offered embraced the testimony of witnesses under oath, with their 
 cross-examination. 
 
 The President inquired whether the counsel considered that the paper offered 
 in this case was entitled to as much regard as the record of a regularly and 
 legally authorized court. 
 
 Mr. Baker. Certainly ; because it was authorized with the approval of the 
 government at Richmond. 
 
 The Judge Advocate. That is not in proof 
 
 ilr. Baker. I will prove all the facts if I am allowed an opportunity. In 
 reply to the inquiry of the president I will qualify my remark by saying that 
 that court was a legitimate and regularly organized tribunal so far as the south- 
 ern confederacy was legal. General Winder sent to Richmond for the approval 
 of his orders, and when they had been approved the court was organized. Aa 
 I understand, the sentences of the court were subsequently sent to Richmond 
 for approval. So far as the southern confederacy was legal the proceedings of 
 that court were legal. 
 
 The court, after deliberation, sustained this objection. 
 
 shooting of prisoners bv the guards. 
 
 While at Andersonville, I never knew any man to get a furlough for shooting 
 Union prisoners. 
 
TRIAL OP HENRY WIRZ. 699 
 
 THE SUPPLIES FROM THE NORTH. 
 
 I saw some boxes sent into the stockade. They were for our prisoners. I 
 do not know where they came from, but I presume they came from their homes. 
 At one period I saw several that came at one time. 
 
 Cross-examined by the Judge Advocate : 
 I live in New York. I have lived there nearly seven years. My business 
 is short-hand writer and reporter. I have been employed in that profession 
 since I was 18 years of age. I am a married man. I never deserted the 
 United States service. I never belonged to any other regiment than the 42d 
 New York volunteers. I was discharged from that regiment, and I received my 
 compensation on the recommendation of my captain for the time I was absent 
 at Andersonville and Belle island. 
 
 THE RATIONS. 
 
 The provisions at Andersonville were about three times the quantity that we 
 got at Belle island for sometime after we arrived there, probably a month. 
 They diminished, getting smaller every day. At least there was an appreciable 
 diminution every day. That continued until I left the stockade. I arrived 
 there on the 24th of February, and was in the stockade till the 24th of May, 
 when I was detailed. 
 
 Q. How much had the ration been diminished at the time you left the 
 stockade ? 
 
 A. The ration in the first instance was beef; then it became sides and ham. 
 After the cooked rations were sent to the stockade, the ration became smaller. 
 We got baked bread, and boiled sides or hams. It was then much smaller than 
 it was originally. I cannot tell whether it continued to diminish after I left the 
 stockade. 
 
 CONDITION OF THK PRISONERS IN THE STOCKADE. 
 
 Two months after I arrived there the swamp was diked. I mean there were 1 
 trenches made along the place for the reception of the fecal matter all around 
 the swamp. I suppose there were half a dozen dikes on each side. It ran along 
 in broken portions, not continuously, at either side. It was a trench, if you call 
 it so, about three feet deep. It became a receptaclefor the rear. I cannot say that 
 it was detrimental rather than beneficial. I would not offer an opinion on the sub- 
 ject. I think it served. I think it was of service to the camp. I know that there 
 was a very bad smell through the camp. I would not offer an opinion advisedly 
 upon it. I have expressed an opinion in reference to that swamp that it was 
 unhealthy. I said it was " filled with untold impurities." That was true. 
 
 I said that the food there was " unfit for human beings." That was true at 
 the time I was referring to. At the time I understood so from my companions 
 who came out of the stockade and who joined me in the commission referred to 
 here. They told me that the food was bad, not fit for liuman beings. I know 
 myself that the bread baked there was unfit for human beings. That is so. 
 That was my opinion and I repeat it. 
 
 I have said that that stockade was " without shelter of any kind." Using the 
 phrase " from the fierce tropical sun and the heavy rains." That is partially 
 true. There were several hundreds in that stockade without shelter. I used 
 the expression that their clothes were " miserable" and " insufficient even for 
 the purposes of common decency." That was true. 
 
 Q. Did you ever make use of the expression " the confinement of 35,000 human 
 beings , within an area of some 17 acres, with a pestilential swamp running 
 through the camp ? " 
 
700 TEIAL OF HENRY WIRZ. 
 
 PA. That should be 27 acres. I wrote it so in figures, and ihe printei 
 made the mistake. With that change it is true. I wrote this expression : 
 " Our sick when removed to hospital being utterly devoid of any sort of accom^ 
 modation, and often three weeks at a time without a particle of medicine." Thai 
 is not fully true. There is a slight exaggeration in it. They were not three 
 weeks altogether at a time without medicine ; but they might be a week. Witli 
 that change it is true. I used this expression, " the despair, the mental imbe- 
 cility, the madness which have been the result to so many of those unhappy 
 prisoners." It is literally true. I lost my health at Andersonville. My eye- 
 sight was impaired. I did not lose it at Andersonville ; I lost it at Belle island 
 [from the suffering endured there lying out without shelter. 
 
 Q. Was it contributed to at Andersonville '? 
 
 A. Yes, it was not benefited. 
 
 Question repeated. 
 
 A. Yes. When I arrived at New York I had an attack of my lungs, ] 
 presume arising from my confinement in the south. I made that statemeni 
 believing it to be true. In speaking of my sight being impaired, I made use ol 
 the expression ''only one degree removed from total blindness ;" at a certain timf 
 iny sight was so bad that that was true. 
 
 Q. Did you use this expression in regard to it : " all the result of 11 long 
 weary months spent in the Bull Pens of the southern confederacy ? " 
 
 A. I referred to that. 
 
 Mr. Baker claimed that the whole sentence on which the witness was being 
 questioned should be read to him. 
 
 Witness. I admit the whole document. I admit that I wrote that letter 
 Every line of it is true with the exceptions I have named, 
 
 THE DISPOSITION AND CONDUCT OF CAPTAIN WIRZ TOWARDS THE PRISONERS 
 
 1 left Andersonville on the 7th of August. I ivas sent forward as one of th( 
 six men who come to endeavor to obtain exchanges for our prisoners. 
 
 Q. Were you not sent forward to obtain an exchange for yourself? 
 
 A. We were exchanged at the time ; at least we were told that we need no 
 come back. 
 
 Q. Then you left Andersonville as thousands of others did, to go to othe: 
 points and be exchanged i 
 
 Question objected to and withdrawn. 
 
 A. Nine of our party were exchanged out of 21. 
 
 (By the Court.) I was born in Ireland, as far as I understand. I wasinth 
 42d New York volunteers ; it was called the Tammany Hall regiment. Colone 
 Mallon was killed at the battle at which I was captured. I did not join thi 
 regiment originally. I was taken prisoner at the battle of Bristow Station, oi 
 the skirmish line. 
 
 Mr. Baker asked leave to put in evidence a letter from Hon. Alfred Ely t 
 the keeper of the Old Capitol prison, asking if he could be permitted to do any 
 thing for Captain Wirz, as Captain Wirz was very kind to the prisoners whei 
 he was in Kichmond. 
 
 The Judge Advocate. I think that in justice to Mr. Ely I should make thi 
 statement. He requested that he should be permitted to state publicly that h 
 did not come here as a witness for Captain Wirz, and that if he was compellei 
 to testify with reference to Wirz's conduct at Richmond, while he would say tha 
 in some instances he treated him kindly, his reputation there was that of a ver; 
 brutal man. 
 
 Mr. Baker. He told me right the contrary. 
 
 The Judge Advocate. The introduction of the letter would make hii 
 responsible for it. 
 
TRIAL OF HENRY WIRZ 701 
 
 Mr. Baker, lie told me that he knew nothing about Andersonville and 
 could say nothing about it ; and so I thought I would not bring him here on 
 that point merely. 
 
 The Judge Advocate. I do not object to it all ; but if you put Captain 
 Wirz's reputation in issue, I will rebut it ; that is all. 
 
 Mr. Baker. I do not propose to do that. 
 
 CLOSE OK DEFENCE, AND REMARKS UPON ADJOURNMENT TO GIVE TIME FoK 
 PROPOSITION OF THE ARGUMENTS. 
 
 The case for the defence here closed. 
 
 The Judge Adocate. The government rests its case here in its prosecution 
 of this prisoner ; but I want to make a statement which I think I owe to myself 
 if no one else. I talked yesterday with the counsel for the accused in regard to 
 the propriety of his making a statement of what he proposed to prove by those 
 witnesses whose subpoenas I took the responsibility of revoking. He has not 
 done so. He said he did not care 
 
 The Peesident. I thought that matter was settled. 
 
 The Judge Advocate. Yes ; but as the whole matter has rested on the dis- 
 cretion I exercised I want to make this statement. As the organ of the court, 
 speaking for myself and associate, we will admit that those witnesses would 
 testify to what the gentleman will state in affidavit they would testify to if 
 brought upon the stand. 
 
 The President. I do not think it is necessary to open that question at all. 
 It was definitely settled ; and it seems to me that if any person were to open it, it 
 should be Mr. Baker, and I see no disposition on his part to do so. 
 
 The Judge Advocate. If I should feel assured that no reference would be 
 made to that point hereafter 
 
 Mr. Baker. 1 will give you no assurance upon that point. 
 
 The Judge Advocate. We propose to allow counsel to make his affidavit as the 
 regulations require, that if he were allowed to bring certain witnesses here — mean- 
 ing those whose subpoenas hare been revoked — they would testify to certain facts ; 
 and we propose to admittkat they would do so, submitting the question to the 
 court whether the facts would be proper and relevant. I offer this for the reason 
 that I do not wish it to be charged against me that any proper defence was kept 
 out of the court. The record of the court is very clear that after this question 
 was brought up several days ago the counsel said that on the whole he believed 
 lie would not ask those parties to be subpoenaed ; but I desire to make this 
 statement here at this time so that counsel might avail himself if he thought 
 proper of the offer. 
 
 The President. This matter has passed away, and there is no responsibility 
 attaching to anybody for it, because tlie court has never decided at auy time or 
 iu any manner that these witnesses should not be brought. The court never 
 refused to allow them to be brought. At the same time we cannot say to Mr. 
 Baker that he shall not say so and so in his defence, nor exact a promise from 
 him to that effect. He is responsible for his defence, and he must take such 
 course as he deems right. 
 
 Mr. Baker. I will say this to the judge advocate, that so far as anything 
 personal in his conduct towards myself is concerned, I shall not, either here or 
 outside, refer to it, because he has treated me kindly, although I think he has 
 treated my case very roughly. What I have to say in my argument I shall 
 say in the clearest and strongest manner. If he has made a mistake in con- 
 ducting his case, I shall not make a mistake by not saying anything about it. 
 I shall take advantage of his mistake in any way I can. 
 
 The President. Both sides, the prosecution and the defence, have now rested, 
 and the rule of the court permits the counsel for the defence to make his sum- 
 ming up in behalf of the prisoner, to be replied to on the part of the government 
 
702 TRIAL OF HENRY WIRZ, 
 
 by the judge advocate. I would like to have attention directed to the time 
 that may be deemed necessary by counsel on both sides to read the record, col- 
 late the facts, and prepare addresses, which must be read, of course. 
 
 Mr. Baker suggested that as the record was very voluminous, and as it must 
 be all gone over before an argument could be written, he would req[uire at least 
 two weeks for that purpose. 
 
 The President, (to the judge advocate.) What time do you require on the 
 part of the government ? 
 
 The Judge Advocate. Not 24 hours after counsel shall have placed his 
 statement in my hands. 
 
 The court was cleared for deliberation, and on the doors being reopened the 
 president, addressing Mr. Baker, said : For the purpose of allowing you time to 
 prepare your summing-up, the court Las concluded to adjourn till next Tuesday 
 week, at 10 o'clock. The court understands that there is an agreement between 
 yourself and the judge advocate with reference to the admission of some further 
 testimony. 
 
 The Judge Advocate. Counsel wants to introduce Dr. Ford to testify, in 
 reference to the condition of the prisoner's arm. 
 
 Mr. Baker. What I suggested was to let Dr. Ford make his statement before 
 the court, not to swear him as a witness. 
 
 The President. Of course he must be sworn. The court will also, for the 
 purpose of hearing further testimony, meet next Monday week ; but the argu- 
 ments are not to be read until Tuesday. 
 
 Mr. Baker. I would rather not have a break in the adjournment; but I will 
 say to the court, at the same time, that it is impossible for me to be ready to 
 make my argument next Tuesday week. 
 
 The President. The court does not feel justified in allowing further time. 
 
 Mr. Baker. It is simply impossible for me to be ready. I have an additional 
 clerk employed for the last week to assist me in this case. The testimony covers 
 75 parts, and I have only been able to examine 17 of them. 
 
 The President. That is the decision of the court — to allow you till next 
 Tuesday week. 
 
 Mr. Baker. I have calculated the time, and I know that it is impossible for 
 me to be ready on that day. If the court persists in its decision, I must submit 
 the case without argument. 
 
 Lieutenant Colonel Stibbs. I move that the court be cleared for deliberation. 
 
 The President. Let the court be cleared. 
 
 The court was cleared, and on the doors being reopened, the president, address- 
 ing Mr. Baker, said : The court has reconsidered its former vote, and has agreed, 
 to give you until next Thursday week, the 26 th instant — twelve days from^ 
 now. 
 
 Mr. Baker. I cannot accept it, and I must submit my case. 
 
 The President. How much time does the judge advocate require? 
 
 The Judge Advocate. If the counsel for the prisoner does not present aa 
 argument at all, I will try to argue the points in this case next Wednesday. 
 
 Mr. Baker. I cannot do it. 
 
 The Judge Advocate. I think I can give both sides of the case next Wed- 
 nesday; at least I will try to do so. 
 
 The President. Then the court will stand adjourned until next Wednesday. 
 
 October IS, 1865. 
 The commission met pursuant to adjournment. 
 
 I-ETTER OF ROBERT OULD RELATIVE TO THE EXCHANGE OF PRISONERS. 
 
 C. M. Self, recalled for the prosecution : 
 
 Question. (A document being exhibited to witness.) Examine that document,, 
 and state in whose handwriting it is. 
 
TRIAL OF" HENRY WIRZ. 703 
 
 Answer. The haudwriting of Robert Ould, late comtnisaioQer of exchange. 
 Q. Is that his signature attached to it ? 
 A. Yes, sir. 
 
 Q. By whom is it indorsed ? 
 
 A. By General Winder and Captain Turner, afterwards major. 
 The paper just exhibited to witness was offered in evidence, and is attached 
 to this record. The following is a copy : 
 
 CiTV Point, March 17, 1863. 
 
 Sill: A flag-of-trace boat has arrived with 350 political prisoners, General Barrow and 
 several other prominent men among them. 
 
 I wish you to send me, at 4 o'clock Wednesday morning, all the military prisoners (except 
 officers) and all the political prisoners you have. If any of the political prisoners have on 
 hand proof enough to convict them of being spies, or of having committed other offences which 
 should subject them to punishment, so state opposite their names. Also state whether you 
 think, under all the circumstances, they should be released. The arrangement I have made 
 works largely in our favor. We get rid of a set of miserable wretches, and receive some of 
 the best material I ever saw. 
 
 Tell Captain Turner to put down on the list of political prisoners the names of Edward P. 
 Eggling and Eugenia Hammermister. The president is anxious they should get off. They 
 are here now. This, of course, is between ourselves. If you have any female political pris- 
 oner whom you can send off safely, to keep her company, I would like you to send her. 
 
 Two hundred and odd more political prisoners are on their way. 
 
 I would be more full in my communication if I had time. 
 Yours, truly, 
 
 ROBERT OULD, Agent of Exchange. 
 
 Brigadier General Winder. 
 
 Counsel for the prisoner declined to cross-examine the witness. 
 
 October 18, 1865. 
 
 Samuel F. Hunt, for the prosecution : 
 
 Question. (The letter relative to the exchange of prisoners being shown the 
 witness.) Examine that document, and state whether you have ever seen it 
 before. 
 
 Answer. I have. 
 
 Q. Where? 
 
 A. In Richmond. 
 
 Q. Did you first take possession of it after the fall of Richmond ? 
 
 A. Yes, sir; after the evacuation of that city. 
 
 Q. Where did you find it] 
 
 A. Among some private papers in what I presume to be General Winder's 
 private desk at his headquarters in Richmond. 
 
 Q. When was that 1 
 
 A. About the 3d or 4th of April, I think; immediately after the fall of 
 
 the city. 
 
 Counsel for the accused declined to cross-examine the witness. 
 
 The Judge Advocate. According to a promise made at the last meeting of 
 the court, I have endeavored to go over this case as thoroughly as time and my 
 opportunities would permit; but to enable the prisoner to have the benefit, as 
 far as possible, of a mind in no way colored against him, I selected Mr. Hays, 
 one of the official reporters, to present the argument for the defence— a gentle- 
 man whose ability the members of the court perfectly understand, and who is 
 very familiar with the evidence. , . , t j 
 
 He will now read to the court the statement of the prisoner, which, i under- 
 stand from Mr. Hays, who has visited him, has been prepared with the aid ot 
 suggestions made by the prisoner, has been revised by him, and is now sub- 
 mitted with his approval. 
 
 The statement of the prisoner was then read as follows : 
 
704 TRIAL OF HENRY WIEZ. 
 
 r 
 
 STATEMENT OF THE PRISONER I\ ANSWER TO THE CHARGES. 
 
 Ill this closing scene of a trial which must have wearied the patience of this 
 honorable commission, and which has all but exhausted the little vitality lefi 
 me, I appear to put on record my answer to the charges on which I am arraigned 
 .and to protest and vindicate my innocence. I know how hard it is for one, help 
 less and unfriended as I am, to contend against the prejudices produced by pop 
 iilar clamor and long-continued misrepresentation, but 1 have great Caith in the 
 power of truth, and I have much confidence in the intelligence and impartialitj 
 of the officers who are my judges. I am here to answer for all my official anc 
 personal acts at Andersonville, and if I can convince this court that they have 
 been void of offence before God and man, I trust that I shall not be held respon 
 sible for the official or personal misdeeds of others. That is all I ask. By m} 
 own acts let me be judged, and if they have been such as to warrantmy convictioi 
 on any one of the charges or specifications preferred against me, let me be visitec 
 with punishment commensurate with the offence. I do not ask mercy, but 1 
 demand justice; and I humbly pray that the God of justice will enlighten the 
 minds and quicken the perceptions of those whose solemn duty it is to discrimi 
 nate betv;een the truth and falsehood of all that has been testified to in the case 
 I will leave to my counsel the presentation and argument of such points of Ian 
 as they may deem of importance, and will myself endeavor to analyze the evi 
 dence, group together the main facts, and explain away all that may seem t( 
 weigh so heavily against me. In doing so I will strive to be simple and con 
 else, and let me beg the court to believe that I will be, above all things, franl 
 and truthful. 
 
 There are three distinct and clearly defined parts into which the prosecutior 
 and the defence are necessarily compressed; and it appears to me that a close 
 observance of those natural divisions will do much to simplify the question and 
 to enable the court to arrive at a fair and just conclusion. These are : 
 
 1st. Have I, as is charged, maliciously, wilfully, and traitorously combined 
 confederated and conspired with John H. Winder and others, to injure the healtl 
 and destroy the lives of soldiers in the military service of the United States. . 
 
 2d. Am I the person who was officially responsible for the privations and suf 
 ferings of the federal prisoners at Andersonville 1 and — 
 
 3d. Have I committed the crime of murder or perpetrated all or any of thi 
 atrocities laid to my chaige ? 
 
 In regard to the first division — that of conspiracy — I am not conscious of then 
 being one particle of testimony in the entire record going to establish the chargi 
 or giving even faint color of probability to its existence. Out of the 160 wit 
 nesses that have testified before this court, has any one said that I was ever heardo 
 known to have uttered a syllable or done an act tending to show my knowledg( 
 of the existence of such a hellish plot ? 
 
 Has any one shown or even hinted in the remotest manner that such a con 
 spiracy existed ? And if no living witness could be found to lend even the weakea 
 support to the monstrous supposition, surely if it was not all a myth, a drear 
 of the imagination, a fantasy of the brain, there could be found among th 
 papers of my office, or in the archives of the confederate government, some sera 
 of documentary evidence, to give it at least the semblance of probability, 
 think the court may fairly assume, that if this wild chimera was not as unsul: 
 stantial as " the baseless fabric of a vision" there would have been some effoi 
 made by the learned and diligent judge advocate to give it form and substance 
 No such attempt has been made. No such attempt could be successfully made 
 The idea is altogether too horrible for human credence, and I can hardly thin! 
 the learned judge advocate is serious in asking this honorable court to pass upo 
 that charge. Even if all the specifications which are grouped under it wet 
 literally true, if hundreds and thousands of brave men were subjected to all tli 
 
TRIAL OF HENRY WIRZ. 705 
 
 hoi-rible sufferings depicted therein, there is not a shadow of testimony by which 
 it ean be proven that it was the fruit of a conspiracy. It is incredible to believe 
 that any number of created beings, wearing the imprint of their maker, could be 
 found in any one age and clime to band together for such a purpose. The land 
 that could produce one such fiend should stand accursed. No country could 
 possibly be expected to contain two such monsters. 
 
 Is it necessary for me to address another word to this honorable court defend- 
 ing myself from the charge of conspiracy ? 
 
 If it be, let me say this : The government has shown in this very prosecu- 
 tion that its high officers do not believe that there is any foundation for the 
 charge. The court has official cognizance ot the fact that on my first arraignment 
 some of the highest functionaries of the confederate government, General Eobert 
 E. Lee, James A. Seddon, secretary of war, Lucius D. Northrop, commissary 
 general, and Doctor Moore, surgeon general, were described as my co-conspirators. 
 The facts on which the charge rested were as fully known to the government 
 then as they are now. If the charge he true now, it was true then ; and if there 
 was guilt anywhere in connection with it, that guilt lay more deep and damuing 
 on their souls than it did on mine, just in proportion as their positions were high 
 and mine was humble. Those co consparitors were all in the custody, direct or im- 
 plied, of the government ; yet not one of them was called upon to take his place 
 beside me and answer to this court for his crime ; on the contrary, they have all 
 been favored with executive clemency, and their names have been expunged 
 from the charge. I appeal to the intelligence of this court whether there could 
 be a plainer or ampler disavowal by the government of its belief in the existence 
 of this monstrous thing styled conspiracy ; and then I appeal to its sense of jus- 
 tice and fair play, whether a different rule shall be applied to me from that which 
 was applied to my superiors. 
 
 I am no lawyer, gentlemen, and this statement is prepared without the aid of 
 my counsel ; but unversed as I am, and as perhaps some of you may be in 
 legal lore, my reason tells me that before a man can be convicted of a crime 
 there must be either a confession on his part or some proof of his guilt. Here 
 there is no confession of guilt, but a solemn affirmation of innocence. Here there 
 is no attempt at proof, but a virtual abandonment of the charge as against the 
 real culprits, if there were any such. Is not conspiracy a positive crime, just 
 as murder is, or as robbery is ; and is it not, like those crimes, to be proved by 
 direct testimony ? My reason answered, yes. Can a charge of conspiracy, 
 bringing with it such consequences as are involved here, be supported on far- 
 fetched inferences ? Surely not. Common sense revolts at such an idea, and I 
 am confident that law which is said to be the perfection of common sense 
 utterly repudiates it. 
 
 I believe that that which the judge advocate piincipally relies upon as proof 
 of the existence of a conspiracy is the expression attributed to me by some of 
 the witnesses, that I was of more service to the confederate government than 
 any regiment at the front, connected with equally wicked and significant expres- 
 sions attributed to Greneral Winder, Greneral Howell Cobb, and Captain W. S. 
 Winder. So far as concerns the remark imputed to myself, I will speak of it 
 in another part of my defence. General Winder has gone to the great judgment 
 seat to answer for all his thoughts, words, and deeds ; and I surely am not to be 
 held culpable for them. General Howell Cobb has received the pardon of the 
 President of the United States, showing that he could not have been regarded 
 as a conspirator, and when I asked that he should be brought here as a witness 
 and given an opportunity of contradicting the testimony referring to him, the 
 judge advocate in the exercise of his large discretion declined to summon him, 
 thus virtually admitting that which I desired to prove. As to Captain W. 8. 
 Winder, he is, I believe, within the jurisdiction of the United States government, 
 and can be made amenable for any crime committed by him. Surely, under 
 H. Ex. Doc. 23 45 
 
706 TRIAL OF HENRY WIRZ. 
 
 such circumstances, I ain not to be held to answer for the rash, wicked, or im 
 prudent expressions of General Winder, Captain Winder, or General Howel 
 Cobb. 
 
 I think I may also claim as a self-evident proposition, that if I, a subalteri 
 officer, merely obeyed the legal orders of my superiors in the discharge of mj 
 official duties, I cannot he held responsible for the motives which dictated sucl 
 orders, and if I overstepped them, violating the laws of war and outraginj 
 humanity, I am to be tried and punished according to the measure of my offence 
 As well might every general, colonel, and captain in the rebel service be belt 
 criminally responsible as a co-conspirator with the chiefs of the rebellion as I 
 who simply held a subordinate position at Andersonville, be held to answer witl 
 my life for the motives which may or may not have inspired my superior officers 
 
 For all these causes I humbly, but confidently submit to this honorable com 
 mission that on charge I a verdict of "not guilty" must be rendered. 
 
 I also submit it to the consideration of the court whether, if the charge fall 
 the specifications under it must not, as a legal and logical consequence, fall witl 
 it 1 The charge is, as it were, the foundation of the edifice, and when it givei 
 way the whole superstructure topples with it. This, however, is a legal ques 
 tion which I am incompetent to argue, and which I willingly leave to the couri 
 to decide for itself under the rules governing military courts. 
 
 I now come to the second division of the question, viz: Am I the persor 
 wlio, from my position at Andersouville, should properly be held accountablf 
 for the crowded condition of the stockade, the want of shelter, the unwholesome 
 ness of food, the impurity of the water, the inadequacy of hospital accommoda 
 tion, and the lack ot medicine and medical supplies, all which causes combined 
 led to the dreadful mortality which prevailed at that place? This divisior 
 covers a large proportion of the testimony, and will render it necessary for m( 
 to go a little into detail. 1 will endeavor to avoid prolixity and to present the 
 points as brieily as possible. 
 
 It is in evidence before the court that the stockade was laid out in the wintei 
 of 1S63, by Captain W. S. Winder, and that I was assigned to duty there oil 
 the 27th of March, 1864. Whatever, therefore, may be thought of the good oi 
 bad selection of the locality, no imputation in that respect can rest on me. 1 
 was actually in Europe at the time of its formation. It is no part of my purpose 
 in this defence to accuse or to defend others, and therefore I pass by the testi- 
 mony of Lieutenant Colonel Persons, one of the principal witnesses for the 
 prosecution, tending to show that, for the accommodation of ten thousand pris 
 oners, the stockade was sufficiently large and properly located. But Lieutenant 
 Colonel Persons does give some evidence which has a direct bearing upon mj 
 own guilt or innocence, and to which I ask the attention of the court. 
 
 He testifies that in February, 1S64, he was assigned to duty as commandei 
 of the troops at Andersonville, and was subsequently advanced to the command 
 of the post, from which duty he was relieved in May or June; that Captain W, 
 Sidney Winder had laid out the prison ; that at that time he (Persons) was re- 
 lieved, he was in the act of procuring lumber for the purpose of erecting shelter 
 for the prisoners, who then numbered between fifteen and twenty thousand] 
 that there Was great difficulty in procuring transportation; that there were a 
 great many trees inside the stockade when the prisoners first went in, and whicli 
 Were used by them in erecting buildings ; that the confederate authorities never 
 removed those trees, and that W. S. Winder had told him he had had absolute 
 discretion in the location of the prison. As to the question of responsibility, the 
 following testimony drawn out by the judge advocate is of great importance! 
 (Part X, page 607:) 
 
 Q. What control had he (General Winder) of the prison ? 
 A. He was, as I understand, in command of all the prisoners. 
 Q. He had control over everything? 
 A. That was my understanding. 
 
TRIAL OF HENRY WIRZ. 707 
 
 On cross examination, Lieutenant Colonel Persons gives the following testi- 
 mony, (page 621:) 
 
 Q. By whose orders was that prison enlarged 1 
 
 A. I think I did it without any orders. 
 
 Q. Would Captain Wirz have had any authority to enlarge that prison 1 
 
 A. No, sir. 
 
 Q. Would he have dared to do it ? 
 
 A. No, sir. 
 
 Q. Was he to he blamed at all for the size of it ? 
 
 A. No, sir. 
 
 Again, on page 623, the witnisss says : 
 
 I rememember that Captain Wirz time and again wanted to have lumber brought there. 
 Q. Did be ever show any inclination to prevent its being used? 
 A. Never. 
 
 On page 627 he testifies : 
 
 Q. Was there anything about the location of that prison that you discovered which led you 
 to suppose that it was located for any bad purpose 1 
 A. Nothing, sir. 
 
 Q. Did that idea ever enter your mind 1 
 A. No, sir. 
 
 Again, on page 629 Lieutenant Colonel Persons says : 
 
 When that prison was in its infancy, in its very inception, and when the officers there were 
 instructed not to build accommodations for more than ten thousand, there were forty thousand 
 prisoners sent there. 
 
 Q. Was Captain Wirz to be blamed for that ? 
 
 A. No, sir ; Captain Wirz was not to be blamed for that. 
 
 By the Court : 
 
 Q. Who, in your opinion, was responsible for that ? 
 
 A. Well, sir, the authorities were responsible for that. I cannot say who. The great 
 blunder on the part of the government was the concentration oi so many men at one place 
 without preparation being made to receive them. The authorities were notified of the 
 act, but to no advantage. '^ » » j think that some of the higher officials were 
 responsible, but who they were I cannot say. * * * No man on earth could have abated' 
 the rigors of that prison, except the man who wielded the power over them. 
 
 Q. Who was that man 1 
 
 A. I do not know. General Winder was in advance of me, and several others were in ad 
 vance of him. Who was responsible I cannot say. 
 
 I think the court will agree with me that so far as the testimony of Lieutenant 
 Colonel Persons can do so it completely exonerates me from all complicity in 
 the selection of the locality, the overcrowding of the stockade, and the failure 
 to provide proper shelter for the prisoners. And the court will not fail to take 
 notice of the fact that this gentleman was an important witness for the prose- 
 cution; that he had evinced no leaning or sympathy towards me, and that his- 
 testimony stands above all suspicion. 
 
 Another important witness for the government was Dr. John C. Bates. He 
 has given to this court a terrible but truthful picture of the stockade and of the 
 hospital. I do not wish to have a single line erased from that description. It 
 is all but too true. The only question with me here, as it is all through the 
 case, is, was I to be blamed for the existence of those things ?' I will let Dr. 
 Bates, that humane physician and honorable man, speak for me. On page 205 
 and following pages, part 4, he testifies as follows : 
 
 Q.-Was he (Captain Wirz) responsible for anything the prisoners lacliied, or for anything 
 good that they had? ,, 3 r, . ■ 
 
 A. It was not considered so by the medical officers there. They never blamed Captain 
 Wirz that I heard of. I never heard Captain Wirz's name mentioned m reference to the 
 ration, so far as the sick were concerned. 
 
 Q. As to the medical department, did he have anything to do with it I 
 
 A. Not that I knew. 
 
 Q. Did you not recognize him as having any right to do so? 
 
 A. I did not. 
 
 Q. You have no hard feelings towards him ? 
 
708 TRIAL OF HENRY WIEZ. 
 
 A. None at all ; he always treated me very respectfully and kindly. 
 Q. Do you know of his treating any one else otherwise ? 
 A. I never saw him use any hard means towards anybody. 
 
 On page 224 Dr. Bates testffies as follows : 
 
 Q. Did it ever Strike you that anyone about those premises was conspiring for the death 
 of Union prisoners there ? 
 
 A. It never so impressed me. I always objected to the shortness of the allowance, but I 
 never attributed it to a conspiracy. 
 
 I claim, therefore, and ask the court so to hold, that so far as any respon- 
 sibility for the condition of things in the hospital is concerned, the testimony of 
 Dr. Bates entirely relieves me. That testimony is also corroborated by that 
 of Dr. G. G. Roy, who says, on page 513, part b : 
 
 Q. Then Captain Wirz exercised no control in that respect over the good effects of Dr. 
 Clayton's adujiiiistration any more than over the bad effects of the other surgeon's admin- 
 istration ? 
 
 A. No, sir; the fault was with the surgeon. 
 
 The same witness, on the preceding page, having spoken of seeing one case 
 of a man being backed as a punishment, says : 
 
 He (meaning me) would have been more severe and his orders would have protected 
 him. 
 
 Q. You never saw Captain Wirz exercise severity except in the one instance you 
 speak of? 
 
 A. Only in the one instance that came under my special observation. 
 
 So far, the court will observe, 1 have been relying on the statements of the 
 most intelligent witnesses on behalf of the government. I propose to continue to 
 quote from that clas of witnesses and to extract from the evidence for the pros- 
 ecution the elements for my own vindication. 
 
 Lieutenant Colonel D. T. Chandler, assistant adjutant and inspector general 
 at Richmond, was sent, as the court will recollect, to inspect the condition of 
 the jiri.son at Andersonville. He was there at the end of July and beginning 
 of August, and his report of 5th of August is one of the exhibits in this case. 
 He found General Winder in command of the post and Captain R. B. Winder 
 in the position of quartermaster. The suggestions which he had to make for 
 the amelioration of affairs there were made, as the court will recollect, not to 
 me, showing that I was not the responsible party. I quote from the report of 
 his testimony, page 1618, part 24 : 
 
 Q. With whom did you%t first consult when you arrived at Andersonville ? 
 
 A. General Winder, the commandant of the post and prison. 
 
 Q. How long had he been in command there? 
 
 A. I cannot say ; several months, I know. 
 
 Q. What was his whole duty as commandant of the post ? 
 
 A. In regard to the prisoners, to keep tliem safe, to have them taken care of properly, 
 protect them, defend them, prevent them being recaptured. 
 
 Q. (Page i6;i2. ) Who had the ordering or directing of tbe surgeons, or who ought to have 
 given orders for them to go inside — the surgeon-in-chief or General Winder? 
 
 A. The order would pioperly have come, 1 should think, from the senior surgeon. 
 
 Q. Then if they did not go in it was owing to his negligence in not giving the order? 
 
 A. Yes, sir ; I suppose so. 
 
 Q. (Page 1G44. ) You looked upon Captain Wirz and his duty as nothing more than a part 
 of General Winder 1 
 
 A. I considered him merely the executive officer of General Winder in his particular branch 
 of the business. 
 
 Q. (Page 1649 ) You have no reason to believe that they (General Winder's staff officers) 
 had any unusual latitude ? 
 A. No, sir ; I have not. 
 
 Q. (By the court, p. 1674, part 25.) How did you regard General WinJor? 
 A. As commander of the post and prisou. 
 Q. Under whose orders were those medical officers ? 
 
 A. Under the orders of the chief surgeon aud of General Winder. They were under the 
 immediate orders of the chief surgeon. 
 
TRIAL OP HENRY WIRZ. 709 
 
 Q. Was Captain Wiiz responsible in any degree for the scarcity of rations in the com- 
 missary department ? 
 
 A. I should think not; I can state positively he was ;iot ; he had nothing to do with it, 
 and no control over it. General Winder was in command, with Captain Armstrong reporting 
 directly to him. 
 
 Q. Who established the police regulations for the stockade— General Winder or Captain 
 Wirz? 
 
 A. General Winder was responsible for them ; I do not know who drew them up ; I sup- 
 pose that the dead-line was established, certainly with the knowledge and consent, if not by 
 the direction of General Winder. 
 
 Q. The regulations touching that, from whom did they come ? 
 
 A. Those instructions, I suppose, came from General Winder. I know that he was 
 responsible for them. 
 
 ***** -r * 
 
 By the Judge Advocate: (Page 1686.) 
 
 Q. You have given it as your opinion that Captain Wirz was not responsible for the rations 
 furnished to the prisoners ? 
 A. Yes, sir. 
 
 Q. Are you positive of that ? 
 A. Yes, sir. 
 
 By the Court: (Page 1690.) 
 Q. Did the post commander always exercise command over the prison 7 
 A. He did, through his executive oflScer. 
 
 With these extracts from the testimony of the most reliable witnesses for the 
 prosecution, all of them officers of the late confederate government, all of them 
 in positions favorable to a knowledge of the subject, none of them evincing 
 any bias in my favor, and none open to a question as to their veracity, 1 sub- 
 mit that on the second division of this subject, that of responsibility for the 
 general management of the prison at Andersonville, I am entitled to an acquittal. 
 It seems to me, with great respect to this court, that there is no room for doubt or 
 hesitancy on the subject. I have deemed it entirely unnecessary to put in any 
 evidence on my own side bearing on that point, although the testimony of Cap- 
 tain Wright, quartermaster. Major Proctor, and Captain Armstrong, commissary 
 of post, would have furnished additional proof and unqualified evidence that 
 their respective depa,rtments were under the exclusive control of the commandant 
 of post. The judge advocate has very kindly saved me that trouble, and indeed 
 bas not, so far as I recollect, made any serious effort to contest the point ; and 
 the court will recollect that it embraces stockade and hospital alike — that I have 
 neither to answer for the location of the stockade, the establishment of the police 
 regulations in it, the lack of supplies or of accommodation, the management of 
 the hospital, nor any of those matters which have entered so largely into the 
 evidence. It is not for me to suggest where the culpability or responsibility 
 lay. Enough for me to defend myself I try to do so witliout reflecting on 
 anyone else, and I trust that that will not be regarded as diminishing the strength 
 of my case. * 
 
 And now, may it? please the court, I come to that division of the case where 
 I could not if I would evade or shirk responsibility for my acts. I do not 
 seek to evade it. If I have violated the laws of war, if I have outraged humanity, 
 if I have perpetrated any of the murders or atrocities laid to my charge, let mf) 
 suffer. But I hope to be able to convince the court that I am not guilty, and 
 ■to that object I will now devote myself. It does seem to me, with great respect 
 for the judge advocate, whose many acts of kindness I appreciate, that this should 
 have been the starting point of the prosecution, and that to that class of alle- 
 gations it should have been confined. A poor subaltern officer should not have 
 had the ordinary performance of his routine duties treated and characterized as 
 proof of his being a conspirator ; nor should he have been called upon to bear 
 upon his over-burdened shoulders the faults or misdeeds of others. Enough 
 for him if, on being called to account, he can show that in fulfilling his own 
 hard task, he acted honestly, faithfully, humanely. I do hope and trust that 
 this enhghtened court will bear with me in my humble effort to convince it that, 
 
710 TRIAL OF HENRY WIRZ. 
 
 while commandant of the prison at Andersonville, I was not the monster that I 
 have heen depicted as being; that I did not cause or delight in the sad spectacle 
 of the sufferings, woes, and death of Union prisoners ; that I did not contribute 
 to their sufferings, but that, on the contrary, I did what little lay in my power 
 to diminish or alleviate, them, and prove that although I have been represented 
 as little less than a fiend in human form, " Heaven left some remnant of the 
 angel still in that poor jailer's nature." 
 
 But how can I approach the task before me? How can I collect and bring 
 together the varied statements made by the witnesses before this court in a trial 
 of nearly two months' duration ? And particularly is it impossible to do so with 
 any approach to completeness, from the fact that there was no regular order 
 observed in the proofs, and that there was no connection established between 
 the circumstances testified to by one witness and the same circumstances detailed 
 by another in a different version, and perhaps with an interval of weeks between 
 them. I must therefore appeal to the court to believe, that if I do not allude 
 to and try to disprove or explain every piece of testimony against me, it is owing 
 to these facts, and not to my inability to do so. Let the court be tolerant and 
 charitable, and I will do my best. 
 
 And first, as to the charge of murder: the specifications accuse me of no less 
 than thirteen distinct crimes of this grade ; three by shooting with my own hand, 
 one by jumping and stamping upon a prisoner, three by torturing prisoners in 
 stocks and chain-gang, four by ordering sentries to fire upon pi-isoners, one by 
 having a soldier torn in pieces, and one by beating a soldier with a revolver. 
 The name, regiment, date, or circumstances are not, in a single instance, stated 
 in the specifications, and in the whole mass of testimony there are but two cases 
 of this character that there is any possiblity of fixing with any definiteness. 
 In these two cases I am prepared to make my defence, and I hope to do so 
 satisfactorily and completely. 
 
 It cannot be expected, neither law nor justice requires, that I should be able 
 to defend myself against the vague allegations, the murky, foggy, indefinite, and 
 contradictory testimony, in which the other so-called murders are enwrapped. 
 I do not know that even these two were in the judge advocate's mind when he 
 prepared the charges and specifications. I should suppose that they were not; 
 otherwise it would have been his duty — and I am sure he would have performed 
 it — to have described them with some particularity. The two cases that can be 
 reached with any definiteness are, first, the real actual case of a federal prisoner 
 well known by the nickname of " Chickamauga;" and the second, the unreal, 
 imaginary case of a myth described by the name of William Stewart, and repre- 
 sented as having belonged to the 9th Minnesota infantry. 
 
 As to the real case of •' Chickamauga," it has been described by at least 
 twenty witnesses, and in as many diffwent versions., These versions range all 
 the way from one or two highly colored descriptions, in which I am made to shoot 
 him with my own hand, down to one in which I am shown not to have been 
 present at all. The truth in this matter is to be found, as usual, midway between 
 the two points. One witness, whom, for his own sake, I will not name, inasmuch 
 as his statements must have been, and were, I believe, recognized by every one 
 who heard them, as undeserving of the slightest belief, describes him (part 6, 
 page 399) as "a kind of weakly man," who, when I entered the stockade one 
 day, wormed around me, saying that he wanted to go out to get air; whereupon 
 "Captain Wirz wheeled again, pulled out a revolver, and shot him down." 
 Another witness, who, I believe, meant to tell the truth, testifies (part 7, page 
 457:) 
 
 He ("Chickamauga") was asking tlie sentinel to take him outside of the piison, as he had 
 enemies iu the camp. * * He said his leg was not healed, and that he had enemies in 
 camp who clubbed him. Captain Wirz never answered him, but said to the sentinel, " Shoot 
 the one-legged Yankee devil." The sentinel shot, and the ball struck him in the head and 
 passed out the lower jaw. 
 
TRIAL OF HENRY WIRZ. 711 
 
 This witness, the court may recollect, was one of those who, from a circum- 
 stance that occurred about that time, was not cross-examined. That inay account 
 for his statement not being corrected by himself. Another witness gives this 
 version of it, (part 14, page 582:1 
 
 Captain Wirz was in the stockade, and this man went up to him and wanted him to take 
 him outside. Captain Wirz would not do it, and finally this cripple went over the dead-line 
 and said that he would rather be shot than to stay there, and begged the guard to shoot him. 
 The guard would not shoot him, and Captain Wirz went outside the stockade. There was a 
 large crowd inside the stockade. Pretty soon I heard Captain Wirz halloo to the sentry on the 
 post. * * I heard him tell him if the mau did not go back over the dead-line the guard 
 was to shoot him. The guard told the man to go back ; he did not, and was shot." 
 
 This witness testified on his cross-examination that " Chiakamauga" had been 
 inside the dead-line fifteen or twenty minutes ; that the sentry wanted him to go 
 back over the dead-line, saying that he did not want to shoot him ; that there 
 were from 150 to 200 federal prisoners near the dead-line ; that they did not 
 try to persuade him to return from inside the dead-line ; that (page 892) "they 
 stood there and looked at the man; no one said anything." 
 
 A still different version of this transaction is given in a more laconic and reck- 
 less style by another witness, (page 936.) I will quote it : 
 
 Q. Did you ever see Captain Wirz shoot any man ? 
 
 A. Yes. 
 
 Q. When? 
 
 A. About the first of April, I think, shortly after he took command there. 
 
 Q. State the circumstances of the shooting. 
 
 A. Captain Wirz was coming in the south gate one day. A sick man, as I took him to 
 be — a lame man — asked Captain Wirz something, and Captain Wirz turnd round and shot 
 him. 
 
 There is but one of all the witnesses who testifies on this point, whose testi- 
 mony was absolutely correct. He stated that, being out on parole, he noticed 
 one evening an excitement down at the gate ; that he started to see what was 
 the matter ; that down near the gate he met Captain Wirz riding back from the 
 stockade to his quarters ; that he asked the captain what the fuss was about ; 
 that the captain told him it was that " Ohickamauga" fellow who was jawing 
 with the sentry and insisting on going into the line; that after Captain Wirz 
 had parted from him he heard the report of a musket, and on arriving at the 
 gate he found that " Chickamauga" had been shot. 
 
 Will the court permit me to make a statement which may serve to explain all 
 these conflicting accounts of the death of poor " Ohickamauga ?" 
 
 On the evening in question, the sergeant or the officer of the guard came to 
 my quarters and stated that there was a man within the dead-line, jawing with 
 the sentry, and refusing to go outside, and that there was a crowd of prisoners 
 around him, and a good deal of disturbance. I rode my horse down to the 
 stockade, dismounted outside, and went in. There I found things as they had 
 been described to me. I went up to " Chickamauga" and asked him, in a rough 
 tone of voice, what the hell he was doing there. He said he wanted to be killed. 
 I took my revolver in my hand and said, in a menacing manner, that if that was all 
 he wanted I would accommodate him. I scared him somewhat, and he was taken 
 outside by some of the prisoners. I then, in his presence, and solely as a menace, 
 told the sentry to shoot him if he came in again. I little thought that he would 
 come back, or that his comrades would permit him, after their hearing the order, 
 to go once more across the forbidden line. I left the stockade, remounted my 
 horse, and was on my way back to my quarters when I heard the report of a 
 musket. I hastened back and ran up to the sentry-box from which the shot had 
 been fired. 
 
 There is the simple history of the case, without any reserve or misrepresenta- 
 tion. The court, I am sure, will recognize all the marks and evidences of truth 
 ia it. It is consistent with itself, and consistent with the average line of the testi- 
 
712 TEIAL OF HENEY WIRZ. 
 
 moiiy. It also explains many statements of witnesses that have probably been made 
 by them under the impression of their truth, but which were absolutely untrue. 
 For instance, the two men who swore they saw me shoot the prisoner with my 
 own hand, were probably led to make that statement from having seen me draw 
 my revolver in the manner I have described ; the witness who swore that I was 
 within the stockade and gave the order to fire when the man was shot, had seen 
 me there and may have witnessed what passed, their mistake being in making 
 me present when the shot was fired; and other witnesses who swore that I gave 
 the order from outside the stockade had supposed that that was so. But this 
 instance will suffice to show how very carefully the court should deal with all 
 the evidence produced against me. I might take the ground that the witnesses 
 for the prosecution so contradicted each other and gave such totally opposite 
 versions of the same transactions that I could not properly be called upon to 
 refute them. They refute each other. I am sure the judge advocate would 
 have been inexplicably puzzled to select which version he would adopt. But 
 I have thought it better, in this and in every other matter charged against me, to 
 give a truthful, honest account of it. I pray the court to believe me, and to give 
 me whatever consideration that truthfulness should entitle me to. 
 
 There can be no doubt that the unfortunate man, whose name appears to be 
 unknown, and whose only appellation in this court is derived from the name of 
 the famous field of battle where he lost his leg, was shot in consequence of a 
 violation of a rule of prison discipline; not an unnecessarily harsh rule, nor 
 an unusual one ; because at Andersonville it was absolutely indispensable to 
 the security of the prison, and becaijse the same rule was enforced at Macon, 
 Florence, Salisbury, Belle island, and the other principal prisons of the southern 
 confederacy, and 1 presume, though I do not assert, in the military prisons of 
 the United States. This court will know better than I whether the presumption 
 is a correct one. I have certainly heard of cases occurring in the very prison 
 wherein I am now confined, of prisoners having been shot for similar violations 
 of prison discipline The court cannot but be aware of the fact that such rules 
 are not unusual, even in other than military prisons ; and it may remember the 
 incident which occurred some years since in France, whei'e an American citizen 
 was shot at the debtors' prison of Vichy for standing at a window, against the 
 rules, and that, too, even without warning from the sentry. 
 
 It is important to me, also, that the court will take cognizance of the fact that 
 the rules of the prison at Andersonville were printed and posted on conspicuous 
 places all through the stockade, that the internal police of the stockade was 
 exclusively in the hands of federal prisoners, and that the squads of ninety men 
 into which the occupants of the stockade were divided, were officered by federal 
 soldiers. Is it therefore within the range of probability that there was a single 
 prisoner within the stockade who did not know the penalty of encroaching on 
 the dead-line ? If there was not, and if the rule was violated, and the penalty 
 inflicted, on whom does the responsibility rest? Certainly not on me. If there 
 was, and if soldiers ignorant of the rule and violating it were shot, who was 
 responsible 1 Again, I say, certainly not I. 
 
 While on this subject, although it diverts me a little from the direct line of 
 argument which I had intended to pursue, I suppose I had better dispose of 
 all these cases connected with a violation of this rule. 
 
 It is impossible for me to say what number of prisoners shot upon the dead- 
 line might not be counted up from the evidence for the prosecution, if each case 
 sworn to by each witness is regarded as a distinct and separate case. And the 
 difficulty is that there is no key to the arithmetical problem furnished by the 
 prosecution. The judge advocate did not, in the course of the trial or at its 
 close, intimate how he proposed to solve it. Am I to be called upon to defend 
 myself in regard to one, two, three, ten, twenty or a hundred such cases 1 Really, 
 gentlemen, I do not know. Is the court any wiser 1 Is the judge advocate ? I 
 
TRIAL OF HENKY WIEZ. 713 
 
 can do notbing more than dismiss with these remarks the whole of this class of 
 cases. 
 
 And now I return to the second and only other charge of murder that I can 
 be expected to meet and refute. It differs from the case of the unfortunate 
 Chickamauga in this, that the alleged victim had the good fortune never to have 
 been within view of the Andersonville stockade. " Wm. Stewart of the 9th 
 Minnesota infantry" is as much a creation of the fertile imagination of the 
 witness who testified to his murder by me, as the conspiracy charged against me 
 is a creation of the fancy of the judge advocate. He sprang from the prolific 
 brain of that witness — a soldier of the republic, although unhappily situated — 
 as Minerva is said to have sprung full-armed from the brain of Jove. The 
 judge advocate will not, I venture to say, find on any of the books of the Ander- 
 sonville prison the entry of that name and regiment. It will not be found in 
 the hospital record on the death register. There has not been produced here a 
 witness who knew either of his life or death, and who could tell us aught of 
 either. But George W. Gray knew him and tells of him. And here is the story 
 that he tells, (part 39, p. 2700 :) 
 
 Q. Do you know anything about the prisoner having shot a prisoner of war there at any 
 time' 
 
 A. He shot a young fellow named William Stewart, a private belonging to the 9th Min- 
 nesota infantry. He and I went out of the stockade with a dead body, and after laying 
 the dead body in the dead-house, Captain Wirz rode up to us and asked us by what author- 
 ity we were out there or what we were doing there. Stewart said we were there by proper 
 authority. Wirz said no more, but drew a revolver and shot the man. After he was killed, 
 tike guards took from his budy about $20 or $30 dollars, and Wirz took the money from the 
 guard and rode off, telling the guard to take me to prison. 
 
 Q. Were you at the time attempting to make your escape ? 
 
 A. No, sir ; but it was my intention, if I could, to do so. I was not attempting it at that 
 time, nor was Stewart. 
 
 On cross-examination, (part 40, p. 2728,) he says : 
 
 I think Captain Wirz made some remark like this : " Damn you, you talk that way to me 
 do yon ?" 1 think that was what he said, but I am not positive. 
 
 Q. And Captain Wirz shot Stewart simply because he said that you were out by proper 
 authority 1 
 
 A. Whether he shot him because he said that to him, or because he was a Yankee, I do 
 not know. I leave that to himself; but that was all Stewart said to him. * * j ,yas 
 talking to the guard. I acknowledge that I was_ trying to bribe that fellow — trying to get 
 
 Q. How many persons were present at that time ? 
 
 A. I did not count them ; I know that there were two came up after the man was killed. 
 I think that was all who came near. 
 
 Q. What day did that happen ? 
 
 A. It was just as much as I could do to keep the month, let alone the day. I do not know 
 the day. 
 
 It was in September ; I would not be certain what part of the month. 
 
 By the Court : 
 Q. What kind of a horse did the prisoner ride ? (P. 2728.) 
 A. He was riding a sorrel horse, I think. I am sure it was a sorrel. 
 
 It is a somewhat singular circumstance that the only two witnesses who 
 describe me as riding any other horse than the gray old mare, are precisely the 
 two whose general testimony is entitled to the least possible degree of credit. 
 They are, the witness who originated the murder of William Stewart, of the 9th 
 Minnesota infantry, and the one who saw the assassination of Chickamauga by my 
 own hand. Is this accident, or does it go to show that these two men had put 
 their heads together and concocted their stories ? 
 
714 TRIAL OF HENRY WIRZ. 
 
 The spectator and narrator of my murderous attack on Ohickamauga is the 
 individual who told the very credible story of having had his arms and money 
 taken from him on his arrival at Andersonville, he having been then in the hands 
 of confederate soldiers for over a week — as if he could have retained his arms 
 and $150 in coin, besides $130 in greenbacks, for an hour after his captm-e ; who 
 accounts for the gold by saying that he got it under the root of a tree, in the 
 woods near Jackson, Mississippi, having been piloted to the spot hy the most 
 unselfish darkey that ever existed ; and who makes that money be turned over 
 hy me to Colonel Gibbs, who did not take command of the post for months 
 afterwards. Should the court desire to refer to this veracious history, it will be 
 found in part 6, commencing at page 398. In it, the court will discover that I 
 i'ode a kind of roan horse, with dark mane and tail, and that the author of that 
 veracious history saw me ride him a hundred times, whereas, if there is any fact 
 in the whole case as fully established as the existence of a prison at Anderson- 
 ville, it is the fact, as the court will recognize, that I invariable rode an old gray 
 mare. 
 
 If the man who originated the romance of " William Stewart," had not been too 
 voluble, and too anxious to insure to me a felon's doom, if he had been satisfied 
 with one dramatic production, he might have secured his object and saved his 
 reputation. But, like " vaulting ambition," he overreached himself, and fell, with 
 much injury to himself, on the other side. 
 
 He was as original as the author of the treasure-trove discovered in the 
 woods near Jackson. 
 
 He first (p. 2696) makes me an inmate of the sutler's shanty, and makes me 
 demand a dollar from his friend, Underwood, for a piece of an old shirt, which 
 the extortionate Fechnor was giving him for charity's sake; and when Under- 
 wood handed over to me a $10 hill and requests his change, this imaginative 
 genius makes me kick him out of the door. I will not insult the intelligence of 
 the court by criticising that story. 
 
 Further on, at 2703, he gets off another piece of romance, which must have 
 astonished even the witnesses from Andersonville, albeit accustomed to hear and 
 believe wonderful things about me, and which I will give in his own words : 
 
 There came an order to parole all the sick soldiers there. They were to be removed from 
 that prison, and all the prisoners were to be brought to the gate. It being late in the after- 
 noon, and the roads being very muddy, I requested Captain Wirz to permit us to aid these 
 men in getting to the cars His reply was that when we were needed he would call upon 
 us. He said to Lieutenant Davis '* If any of the men refuse to go, or if they lie down on the 
 road on their way to the cars, bayonet them." I have seen many poor soldiers bayoneted 
 there by the guards when tbey were crawling on their hands and knees to the cars. 
 
 Must it not have occurred to the court, either that all the hundred and more 
 witnesses for the government were remarkably stupid not to have made some 
 allusion, however slight, to the bayoneting business ; or else that Sergeant 
 George W. Gray, of the 7th Indiana cavalry, is gifted with miraculous powers of 
 vision, on the principle that 
 
 " Optics good have they, I ween. 
 Who see what is not to be seen." 
 
 But that is not all His powers of sight are only equalled by his powers of 
 hearing, for he declares (page 2703) that he heard me say to one of the surgeons 
 who asked me when I was going to remove these Yankees : " Damn those Yan- 
 kees ; they will all be dead in a, few days anyhow." 
 
 I must not omit to mention as an additional proof of his invention or of his 
 optical powers that he saw a man (p 2704) who had his cheek torn off by 
 bloodhounds, and his arms and hands and legs gnawed up so that the man only 
 lived some twenty-four hours after he came into the stockade. As this dog 
 story rests solely on the evidence of the author of the " Wm. Stewart" 
 romance, and of the bayoneting incident, and of the anecdote in regard to my 
 
TEIAL OF HENRY WIKZ 715 
 
 prophecy that the Yankees would all be dead in a few days anyhow, and of the 
 metamorphosis of the old gray mare into a sorrel horse, I presume the court will 
 not expect me to criticise it when I come to that part of the case. 
 
 Before closing with this remarkable witness, let me remind the court of his 
 farewell speech before leaving the witness stand, in which, not satisfied with all 
 he had sworn, he summed up all in one burst of indignant eloq^uence, as follows : 
 
 I have seen men falling and dying in every direction. At the prison gate there is a 
 graveyard close at hand, where I can safely say that 12,000 of our brave boys are buried 
 in the Georgia sands, and from nothing else but sheer starvation. They died from starvation 
 and vaccination. 
 
 How much longer the record of this case would have grown, if the President 
 had not ruthlessly ordered the orator from the stand, it is impossible to say. If 
 the judge advocate had never, placed him there, (having had an opportunity to 
 judge of him in his preliminary examination,) his exclusion would have been more 
 creditable to the government, though, perhaps, of some injury to my interests. 
 I thank the judge advocate for Gray, and for Alcoke, the treasure trove man ; 
 and for that other witness, whose name I will not here mention, because he holds 
 the commission of an officer of the United States, and who knows so little of 
 what he was swearing to that he located the stocks within the prison enclosure, 
 and doggedly and immovably persisted in keeping them there after his attention 
 being called to the fact that they never was so. Three instances of such wit- 
 nesses on the side of the prosecution give a pretty fair indication of the difficulty 
 of my defending myself against all those loose charges and specifications, and 
 the impossibility of my doing so with success, unless I find in the members of 
 the commission, as I hope and trust to find, fair and charitable judges, who will 
 take all the circumstances into consideration, be guided more by the doctrine of 
 probabilities than by positive statements, and not assume, as the judge advocate 
 did on one occasion, that because the witnesses for the prosecution were mostly 
 soldiers of tEe United States, a doubt of their veracity was a stigma on the 
 service. 
 
 I think I can say no more on the subject of Chickamauga or William Stewart. 
 They are the only two murder charges in the testimony that can possibly be 
 reached, either by evidence or argument. Detached and utterly unconnected 
 declarations of this or that witness, that some time in the spring, or in the sum- 
 mer, or in the fall of 1S64, they saw me near a sentry who fired upon and killed 
 some man whom they knew nothing about, and could not designate, make up all 
 the medley of murder. The court cannot reduce that chaos to order. The 
 judge advocate cannot. I will not attempt it. 
 
 1 claim, therefore, that, so far as the charge of murder is concerned, the pros- 
 ecution has failed so signally that the judge advocate cannot, with any show of 
 teaaon or justice, ask the court for a conviction. 
 
 I am arraigned under the general charge of murder, (specification 11,) with having 
 caused, incited, and urged " certain ferocious and blood-thirsty animals called 
 bloodhounds to pursue, attack, wound, and tear in pieces a soldier belonging to 
 the army of the United States, whose name is unknown" — thereby causing the 
 death of such prisoner. 
 
 The only dog story that I have been at all identified with in the testimony is 
 that in which the man nick-named " Frenchy" was the chief actor, and the 
 whole of it amounts simply to this : I will give it in narrative form, but the 
 court will find the elements of it scattered throughout the record. Frenchy 
 was a little, wiry, active fellow, whom bolts, stocks, and guards were alike 
 powerless to prevent escaping. He got away half a dozen times, and was 
 brought back generally by planters living within a circuit of twenty miles and 
 owning hounds, which they kept for the recapture of their slaves, and with which 
 escaped prisoners were almost sure to be tracked out. At last I said to Frenchy, 
 "It is only a waste of material to put shackles upon you; I will parole you." 
 
716 TRIAL OP HENKY WIRZ. 
 
 I did so. Next day Frenchy was gone again. He returned voluntarily in the 
 evening, saying that he had been blackberrying. I remarked that it was a nice 
 way for a paroled man to work, when he declared that he would do no work. 
 Still I did not put him back into the stockade. The next day he was gone 
 again. This time he deliberately broke his parole. I was glad to get rid of 
 him, and took no measure to have him recaptured. Three or four days after- 
 wards, to my regret, he was brought back by some planters. At that time the 
 chain-gang was being formed, by directions of the commandant of the post, fur 
 the punishment of men who had broken their parole, and I ordered Frenchy to 
 be sent to the provost marshal so that he might have a place in the chain-gang. 
 The lieutenant of the guard was afterwards taking him down to the smith, 
 when Frenchy again effected his escape by jumping into a thicket near 
 the creek. The matter was reported to me. I had the dogs sent for. They 
 soon came on his track. He took to a tree. One of the pursuing party (not I) 
 fired a pistol close to him to induce him to come down. He was not hit, but he 
 dropped or fell from the tree into a mud hole, when the dogs rushed upon him. 
 I jumped on the dogs and drove them off. The court will recollect the evidence 
 as to both Frenchy and myself being covered with mud. That was the cause. 
 Frenchy had his clothes barly torn, and had some scratches, but otherwise 
 received no injury. I neither sent him back again into the stockade nor placed 
 him in stocks or chain-gang; 1 simply had him put in the guard tent and kept 
 there till I had a chance of sending him to be exchanged. I availed myself of 
 the first opportunity. His name was Trado, and the disposition thus made of 
 him will be found in the prison record, which is in the hands of the prosecution 
 and is hot accessible to me. 
 
 There are a few other dog stories in the testimony, but none of them directly 
 connecting myself with them. This of Frenchy's is the only one with which 
 1 am personally identified. The fact that Frenchy was not seriojisly hurt by 
 the dogs has been testified to by Guizetti, (part, 53, p 5413,) and the fact of his 
 being sent away to be exchanged is verified by other witnesses. 
 
 The man did not die, and therefore I cannot be found guilty of his murder. 
 What other cases of the kind may be found scattered throughimt the testimony 
 are of that floating character that they cannot be in any way fixed, and I cer- 
 tainly cannot be called upon to answer them. 
 
 As to any death of a prisoner in the stocks I believe the only tangible case 
 is that of Frenchy, whom some witness causes to end his career in that manner. 
 If there is any other instance of the kind, it too is of the " stuff that dreams are 
 made of." 
 
 I believe I have gone through all the specifications under the charge of murder, 
 and claim, in all confidence, that to find me guilty of any single one of them 
 would be an outrage on common sense, which I earnestly trust and believe this 
 high court is incapable of committing. 
 
 These same and other allegations are mixed up, I believe, under the charge 
 of conspiracy. It puzzles me to und(?rstand the logic or reason of that thing. 
 But I suppose it is necessary to say something in regard to them. 
 
 The idea of keeping a pack of dogs for the tracking and recapturing of pris- 
 oners did not originate with me, nor am I responsible for the odium or blame 
 attaching to it. On this point I will only cite the testimony of Colonel James 
 H. Fannin, who commanded the 1st Georgia reserves, stationed at Andersonville ; 
 on page 2924, part 44, he testifies as follows : 
 
 Do you know anything about a man named Turner ? .it 
 
 A. Sergeant Turner, the owner of the dogs, belonged to the Jst regiment Georgia reserves, 
 my regiment, company K. I do not know that I ever saw Turner till an order came from Gen- 
 eral Winder, in June or July, 1864, requiring this man Turner to report to him in person. I 
 recollect sending for the man and his reporting to me. I sent him over to General Winder, 
 and he came back and reported to me that General Winder had given him a furlough to go 
 home. I said that was something rather irregular, I thought, and I asked him on what 
 
TRIAL OF HENRY WIRZ. 717 
 
 business he had been ordered. He said that the general had ordered him to go home and get a 
 pacli of negro dogs he had and bring them there, in order to capture prisoners * * He was 
 sent for his dogs and returned with them, I think, in the latter part of June or about the 1st 
 or the middle of July." 
 
 So, too, Lieutenant Colonel Persons (part 46, page 3708) testifies : 
 
 Could Captain Wirz in any way give furloughs to the guards for shooting Union pris- 
 oners 1 
 
 A. No, sir ; ho could not. 
 
 Q. Did you ever know or hear of one obtaining a furlough for shooting a Union prisoner ? 
 
 A. 1 never heard of it, and I do not believe there was any. » * I think I would have 
 heard of it if any such thing had happened. 
 
 Need I quote any more witnesses to confound that slanderous charge ? 
 
 The court is aware that there is much more to the same effect in the record, 
 but I should suppose that would suffice. It has been contradicted, I am sure, 
 to the full satisfaction of the court, and I will only quote the testimony of one 
 or two witnesses on that point. The same Colonel Fannin (page 2917) says : 
 
 Q. Did a guard ever apply to you for a furlough, on the ground that he had shot a Union 
 soldier, or did you ever hear of such a thing while you were there ? 
 
 A. I heard that such things were spoken of there, but they were mere rumors, and there 
 was no truth in them ; * * I do not know that any application was made on that ground. 
 None ever was, that I know of. I heard it as camp rumor, nothing more. 
 
 As to the stocks and other means of punishment resorted to at Andersonville, 
 I am not aware that they are unusual or cruel. 
 
 The stocks, and the ball and chain, have been resorted to, perhaps, in every 
 regiment in either service. They were never used at Andersonville except in 
 flagrant cases and where the prisoner had deliberately broken his parole. Tliere 
 has been a good deal of testimony taken in regard to granting furloughs to con- 
 federate soldiers as a reward for shooting Union prisoners. That is sworn to by 
 many witnesses for the prosecution just as strongly as many other things alleged 
 against me. And there is just as much truth in it. It was a mere idle, absurd 
 camp rumor. 
 
 There is a large amount of testimony in reference to depriving prisoners of 
 their rations. Two witnesses, Samuel Dand, Jacob D. Brown, have it that from 
 the first to the fourth, or from the second to the fifth of July, no rations entered 
 the stockade. (Part 7, page 462-470.) 
 
 If this story were true, how many prisoners — reduced as they were — would 
 have survived it? and yet that is but a fair sample of the sort of testimony on 
 wliich I am sought to be condemned. There is just one-fourth of the story true. 
 The men did not get their rations on the fourth of July; not, however, as a mat- 
 ter of punishme'nt. The cause was simply this : that was the day when the 
 conflict with the raiders occurred. The commotion in the camp was so great 
 that the quartermaster, who was distributing the rations at the time, had to leave 
 the stockade. Some men had their rations distributed, but comparatively few. 
 The rest had to do without theirs till the next day, when both days' provisions 
 were supplied. That is the whole story, when simplified and denuded of those 
 wondrous exaggerations which thejudge advocate and his witnesses have woven 
 into it. Any other stoppage of rations was but partial, confined to a squad, 
 and for the reasons that have been clearly assigned. And that is the whole 
 story of starvation. The amount and character of the provisions I have shown 
 that I was not responsible for. The prisoners, as has been fully shown, were al- 
 lowed the same rations as confederate troops at posts and on light duty. 
 
 There is one circumstance, not in evidence, but which perhaps the judge ad- 
 vocate will admit, bearing on the general question of ray responsibility for 
 rations, &c. Captain R. B. Winder, quartermaster of the post at Andersonville, 
 forwarded to the Secretary of War in this city a communication, which will be 
 found in the War Department, stating that in regard to food, shelter, water, burial 
 of the dead, and all other matters appertaining to the quartermasters' department 
 
718 TRIAL OF HENRY WIRZ. 
 
 at Andersonville, he alone was responsible up to the time that the matter of pro- 
 visions was turned over to the commissary. 
 
 All the testimony in that respect, whether oral or written, of official or unoffi- 
 cial persons, established that fact ; and the court's own knowledge of military 
 routine must confirm it. 
 
 By what show of justice can the government endeavor to hold, me responsible 
 for all these things ? 
 
 There is some testimony in regard to my violently assaulting prisoners, and I 
 believe one witness, of the Sergeant Gray stripe, has represented me as knocking 
 down and stamping upon a prisoner with such violence as to cause his death. 
 The date is fixed as September, but there is no name, regiment, or anything 
 else to vindicate who that soldier was, and therefore I am precluded from the 
 possibility of direct contradiction. But the indirect contradiction is perhaps 
 equally positive. The court has seen for itself the helpless, inflamed condition 
 of my right arm, which was as bad then as it is now. (See Dr. Roy's testi- 
 mony, part 70, page 4468.) And the court knows that it would be utterly im- 
 possible for me to use that arm in any active manner, much less commit violence 
 of that nature with it. My left arm- is equally powerless, the shoulder having 
 been dislocated, and in September I was only recovering from a long sickness. 
 That is the only contradiction that I can give to that and similar stories ; except 
 indeed that general contradiction which I now approach, and which applies to 
 the whole range of evidence brought against me. 
 
 Father Whelan. the Catholic priest who visited Andersonville. that good, pious, 
 simple-minded, God-fearing and man-loving priest, whose self-sacrificing labors 
 there entitle him to the reverence of all who witnessed or may ever read of 
 them, testifies as follows, (part 42, page 2872 :) 
 
 While you were there, did you ever hear or know of any personal violence of Captain 
 Wirz to any soldier 1 
 
 A. No, sir; I never saw Captain Wirz inflicting any personal violence on any prisoner. 
 Neitlier did I hear of it during my stay there. * * " It is the highest probability that 
 such u thing could not have occurred without my knowledge. » * » j mingled with the 
 prisoners entirely. I have been there for a fortnight perhaps without speaking to any but 
 prisoners. If anything of that nature bad occurred, it is highly probable that I should have 
 heard it. * ' * He afforded me every facility with regard to the prisoners. * * He 
 never showed any objection to giving me at any time a pass to go into the stockade or hos- 
 pital. « « * He was always calm and kind to me. 
 
 His fellow- clergyman, Father Hamilton, testifies as to the same point, (page 
 2869:) 
 
 It seemed to me that he was disposed to do everything in his power for their spiritual com- 
 fort, and, as far as I could see, for their bodily comforts also. 
 
 Colonel Fannin testifies, at page 2931, that he never heard while at Ander- 
 sonville of my doing such a thing as killing or otherwise injuring a prisoner in 
 any way. 
 
 Lieutenant Colonel Persons (part 46, page 3080) testifies as follows : 
 
 Q. Did you ever know or hear of Captain Wirz, in any way, shooting or beating with 
 a pistol or kicking to death any prisoner while you v/ere there ? 
 
 A. No, sir. 
 
 Q. Did you ever know of his killing them in any way or brutally treating them ' 
 
 A. No, sir ; I never did. » * * Xf he had used any extraordinary violence it strikes 
 me I would have heard of it. 
 
 Q. But you never did 1 
 
 A. I never did. 
 
 These were all witnesses for the prosecution, who were re-examined for the 
 defence. Another witness for the prosecution, Robert H. Kellogg, who was in 
 the stockade from May to September, acting as sergeant of a squad, and who 
 has since published a book on the subject, testified on his direct examination, 
 in answer to the judge advocate, that he never heard Captain Wirz give any 
 orders and never (p. 370) saw him perpetrate any acts of cruelty. On cross- 
 
TRIAL OF HENKY WIEZ. 719 
 
 examination he repeats this, adding (p. 391) that he never heard Captain Wirz 
 order anything to be taken from a prisoner. Colonel D. T. Chandler, another 
 important witness for the prosecntion, and whom I have quoted on other points, 
 visited Andersonville in August, 18G4, as inspector general of the adjutant gen- 
 eral's department at Richmond. He described how he went into the prison and 
 examined matters for himself. He says, (part 24, p. 1609 :) 
 
 I took the men aside and questioned them, so that Wirz could not hear me, as to any com- 
 plaints they had to make, and none of them made any complaints against him. The com- 
 plaints were mostly of insufficient food, of want of shelter, and want of clothing. No com 
 plaints were made about him to me. 
 
 The report which Colonel Chandler made to his government, and which is in 
 evidence in this case on the part of the prosecution (Exhibit 19) speaks, as the 
 court will recollect, in most favorable terms of me, wliile recommending the 
 relieving the commander of the post on account of the exhibition of the very 
 c[naUties which are now imputed to me. I quote from his report (part 23, 
 p. 1543 :) 
 
 Captain Henry Wirz, in immediate command of the prison, is entitled to commendation 
 for his nntiring energy and devotion to the dischargeof the multifarious duties of his position, 
 for which he is pre-eminently qualified. I respectfully concur in the recommendation which 
 has been forwarded by General Winder for his promotion. 
 
 I put it to the court whether, if there was any truth in the stories of cruelty, 
 heartlessness, and oppression of which I have been the subject, an officer of the 
 keenness, intelligence, and breadth of views of Colonel Chandler, would not 
 have discovered, in his week's close inspection of all pertaining to the prison at 
 Andersonville, that 1 was an improper person to occupy the position that I filled, 
 and whether, instead of recommending my promotion, he would not have recom- 
 mended my instant removal. Cruelty to and neglect of prisoners were no pass- 
 port to Colonel Chandler's good opinion, for on those very grounds he urged and 
 pressed upon the war department at Bichmond the removal of my superior 
 officer. And who can believe that if one hundredth part of what is here charged 
 against me were true, none of the prisoners within the stockade, none of tbe 
 paroled men outside, none of the officers attached to the post, would have whis- 
 pered in his ear that I was cold, heartless, cruel ? Why, gentlemen, he could 
 not have passed an hour there without learning of it. The very stones would 
 have cried out against me. I claim, therefore, that if there were nothing in this 
 case in my favor except the testimony of Sergeant Major Kellogg, Colonel Per- 
 sons, Colonel Fannin, Colonel Chandler, Father Hamilton, (all witnesses for 
 the prosecution,) and Father Wheelan, (for the defence,) that alone ought to 
 outweigh the medley mass of incongruous and self-contradictory statements put 
 in by the government, even if it reached ten times its present volume. If there 
 was truth in it, then the testimony of those honorable gentlemen whom I have 
 named could not possibly be true. But if their statements are reliable (and the 
 judge advocate can certainly not call them in question) then the whole prose- 
 cution must inevitably fail. I put it to the good sense, the judgment, the jus- 
 tice, of this court, as to which side the testimony is in favor of; only adding 
 that, besides the paragraphs I have quoted, every respectable and reliable wit- 
 ness, either for the government or for myself, who was in a position to know 
 anything about the every-day history of Andersonville, has stated before this 
 court in the most positive and unequivocal terms that all the stories about my 
 cruelty were entirely new to them when they came to Washington, and had 
 never reached their ears before. Is not this utterly inconsistent with the truth 
 of the wondrous stories told by those witnesses, who represent me in their own 
 imaginations and to a too credulous public as the incarnation of all that is mon- 
 strous and cruel ? In this connection I will allude, in passing, to that incident 
 testified to by several of my witnesses, viz : my collecting and taking out of 
 the stockade all the little boys who were in it, in order that the poor little fellows 
 might, in the enjoyment of purer air and healthful exercise, have abetter chance 
 
720 TRIAL OF HENRY WIRZ. 
 
 of being restored to their yearning mothers and sisters at Lome. Did that i 
 me indicate n totally depraved condition? Is it consistent with the picture draw 
 of me by the prosecution ? No, gentlemen, the fabulous Wirz of this case shoul 
 be like ambition, " made of sterner stuff " 
 
 My services in seeing to the proper distribution of Father Whelan's snppl 
 of flour to the patients in hospital, my politeness to Miss Rawson, who cam 
 with her fortnight's supply to one poor federal soldier, my bearing towards th 
 ladies of Amerious, and toward the Methodist minister, Rev. E. B. Duncan, wh 
 came there twice to preach the gospel, are all irreconcilable with the pictur 
 drawn of me. 
 
 As to the vaccination matter, I might as well be held accountable for a; 
 unskillful amputation, an improper dose of medicine, or anything else of tha 
 sort. The testimony of the prisoner who was put in the stocks by my ordei 
 in connection with that subject, is true to this extent, that the medical officer o 
 the day reported to me the man's refusal to be vaccinated, and when I spok 
 to him ou the subject he replied in an insolent and offensive manner. The put 
 ting him in the stocks was not a coercive but a punitive measure. Is it iieces 
 sary to plead before this court the absolute necessity of maintaining strict die 
 cipline ? 
 
 As to the whipping of prisoners of war, there are in the evidence two undia 
 puted cases of the kind — one that of an Italian named Bardo, another that of i 
 colored man named Hawkins. Bardo himself was produced before you, an( 
 testified' (part 53, page 3460) that he was whipped because he had clisguise( 
 himself as a negro, but that the order to whip him was given, not by me, fo 
 he knew " the old Dutch Captain" but by a lieutenant who wore a black feathe 
 in his hat. The whipping of Hawkins was in punishment for an outrageou 
 assault upon a respectable white woman in the neighborhood, and for forginj 
 my name to a pass. There is enough of evidence in the case, although some wa 
 excluded, to establish these facts. Any other whipping of negroes that mai 
 have taken place was in the quartermaster's department. They were made ti 
 work, not being regarded by the confederate government, whose officer anc 
 servant I was, in the light of prisoners of war. As to my profane expressions 
 wherein 1 am represented as comparing my services to the confederate govern 
 ment with those of generals or regiments at the front, these, too, are gross exag 
 gerations. The only remarks of that character were to the effect that I hat 
 a larger command than any general in the field. The court can see how easily 
 this natural remark could have been tortured, as it was, into one implying dev 
 ilish purposes. The remark at the graveyard as to the Yankees receiving thi 
 land they came to fight for, was actually made, but not by me. There wen 
 other officers present, and one of them was the utterer of it. The insultinj 
 language attributed to me by the witness Spencer never was uttered. In fact 
 he makes the conversation take place in the presence of two officers who hai 
 left Andersonville months before ; just as in his story about negotiations for land 
 he puts in the mouth of W. W. Turner language in legard to his earning monej 
 enough in the hunting of escaped prisoners to pay for the land — never for' i 
 moment supposing that his Turner was a totally distinct person from the ownei 
 of the hounds. 
 
 And now I have gone over as much of this case as it is within my power t( 
 do. I have not purposely avoided any subject properly in the case; if I havf 
 overlooked any I pray the court not to impute it to my inability to dispose o 
 it favorably to myself. I hope that, as it is, I have not wearied the court. ] 
 have sought to compress my statement into the smallest possible compass 
 Perhaps I might here end what I have written. A few paragraphs more and ] 
 will do so. 
 
 There is one consideration in the case which perhaps may not have escapee 
 the impartial attention of this commission. Placed, as I am represented h} 
 
TRIAL OF HENRY WIRZ. 721 
 
 the government to have been, in a, position where I had unlimited powers, I never 
 lised those powers for the purpose of my own aggrandizetnent. There is not 
 even an insinuation, I believe, that I ever robbed a federal soldier there of any- 
 thing that belonged to him. The property taken from the prisoners who belonged! 
 to raiding parties (and none was taken from any other) was turned over inva- 
 riably to the quartermaster. 
 
 The case of exchange of bad pork for good beef was a trifling and innocent 
 matter that has been grossly magnified. I had had some hogs slaughtered, and 
 fearing that all of the meat might not keep, I asked the commissary if he would 
 exchange some fresh beef against it, pound for pound, if he found the pork good. 
 He consented to do so, and the exchange was effected to the extent of just 70 
 pounds. Not an ounce of that pork was ever furnished inside the stockade. 
 It was so good that the paroled men outside sought and obtained it. With that 
 simple exception the record shows that I never interfered with provisions there. 
 On the contrary, there is much testimony to show that in several instances I 
 regularly paid for the extra ration of paroled men. I stand, therefore, as I hum- 
 bly claim, with my character for honesty and fair dealing spotless and unsullied. 
 If I was the tyrant and ruffian that I am represented to be, and had every- 
 thing my own way, is it likely I would have made such an arrangement with 
 pSroled men ? 
 
 And here I will close with one or two final remarks. The court will observe 
 that in this statement I have studiously avoided any deviation from the strict, 
 legitimate path of my defence. I have not said a word to bring discredit upon 
 any officer of the late confederate or of the federal government. 1 have not 
 attempted to complicate the case with any allusions as to where the responsibility 
 rested for non-exchange of prisoners of war. 
 
 Closely connected as that question is with the general subject, it has nothing 
 to do with the subject of my guilt or innocence. If I were rash or imprudent 
 enough to touch that question it might be imputed to me as an acknowledgment 
 of the weakness of my case. I want all the sympathy, good feeling and confi- 
 dence of this court too much to say or do anything that might give offence. It 
 is composed of brave, honorable, and enlightened officers, who have the ability, 
 I am sure, to distinguish the real from the fictitious in this case, the honesty to. 
 rise above popular clamor and pnblic misrepresentations, and who have names 
 and reputations to transmit to history, and to leave unimpaired to their descend- 
 ants. I cannot believe that they will either darken their intellect or prostitute 
 their independence for the sake of crushing out the last faint embers of a life 
 that is just ebbing out. I cannot believe that they will consent to lee the present 
 and future generations say of them that they stepped down from their high posi- 
 tions, at the bidding of power, or at the more reckless dictate of ignorant, wide- 
 spread prejudice, to consign to a felon's doom a poor subaltern officer, who, in a 
 different post, sought to do his duty and did it. The statement, which I now 
 close, will probably survive me and you alike. It will stand as a complete an- 
 swer to -all the mass of misrepresentation heaped upon me. May God so direct 
 and enlighten you in your deliberations that your reputation for impartiality and 
 justice may be upheld, my character vindicated, and the few days of my natural i 
 life spared to my helpless family. — ' 
 
 H. WIEZ, 
 Late Capto.in, A. A. G., C. S. A. 
 
 Washington, October 18, 18C5. 
 
 The Judge Advocate. As I intimated, when interrogated as to the time 
 
 which I should require after the statement of the prisoner had been submitted, 
 
 I now ask for twenty-four hours in which to prepare the closing argument in 
 
 this case. In view of the more than usual importance of the questions to be 
 
 H. Ex. Doc. 23 46 
 
722 TRIAL OF HENRY WIEZ 
 
 to present the argument as fully as possible, calling attention to some thin 
 which have not been noticed in the statement made for the defence. I shall 
 fully ready to go on next Friday morning. 
 
 Mr. Baker inquired of the judge advocate whether he had sent for Dr. Foi 
 to be examined as a witness in the case. 
 
 The Judge Advocate. Dr. Ford was excused from coming here undtr 
 necessity which I felt bound to recognize ; but I agreed to state, if called upi 
 by counsel, that if he were produced as a witness he would testify, as I nc 
 admit that he would, that the condition of the prisoner's arm at this time is r 
 such as to enable him to fell to the ground a stout man, or seriously injure su 
 a one by beating him, without injuring the prisoner himself at the same tin 
 The doctor wanted me to say that he, of course, knew nothing as to the conditi 
 of the prisoner's arm at Andersonville, and could in no way reason back so as 
 enable him to give an opinion as to its condition at that time. He wished r 
 further to state that while the piisoner could not, in his present condition, kno 
 down a stout man, it might be true that he could knock down a man in sucli 
 condition as those were at Andersonville, as he understands it. 
 
 He also said that there were, on the prisoner's left shoulder, marks of a woun 
 but he could not give an opinion as to the cause, and he was not prepared 
 state that the left arm was disabled in any particular. He also said that t 
 prisoner came to the Old Capitol affected somewhat by scurvy. 
 
 Mr. Baker stated that he would like the court to make an inspection of t 
 prisoner's wounds in the presence of Dr. Ford, and would like the doctor to gi 
 his opinion on a hypothetical case, and requested the judge advocate to seen 
 the presence of that gentleman at the next meeting of the court. 
 
 The Judge Advocate assented to the request. 
 
 Mr. Baker remarked that there were one or two points to which he wish 
 to call the attention of the court in behalf of the prisoner, aud said that he wou 
 like to do so on Friday morning, before the argument for the prosecution shou 
 begin. 
 
 The Judge Advocate said that the statement of the prisoner having be 
 concluded, it was hardly proper for such additional suggestions to be made 1 
 counsel ; but if the gentleman would hand to him the suggestions referred 
 he would call the attention of the court to them, and examine them fully, 
 
 Mr. Baker. I will do so. 
 
 The court then adjourned until Friday morning, October 20th, at 10 o'clo 
 a. m. 
 
 ARGUMENT OF THE JUDGE ADVOCATE. 
 
 Special Military Commission, 
 Washington, D. C, Friday, October 20, 1865. 
 
 The court met pursuant to adjournment. Present all the members and t 
 judge advocate. 
 
 The prisoner and his counsel were also present. The proceedings of theli 
 meeting were read and approved. 
 
 The Judge Advocate submitted the following argument : 
 
 May it please the court : Deeply sensible of the importance and solemni 
 with which you have clothed this trial, and quickened, as I know you are, t( 
 high sense of duty by the obligation you have taken to " well and truly try a 
 determine, according to the evidence, the matter now before you, between t 
 United States of America and the prisoner to be tried, and to duly adminis 
 justice, according to your conscience, the best of your understanding, and t 
 custom of war," no word of mine is needed to increase the impressiveness of t 
 occasion. 
 
 In many of its aspects and bearings this trial presents features more startlii 
 discussed, I feel it but right to ask this of the court, in order that I may be a 
 
TRIAL OF HENRY WIRZ. 723 
 
 more extraordinary, and more momentous than are found in the whole annals of 
 jurisprudence. The charges and specifications here laid accuse this prisoner 
 and other persons, named and unnamed, with having " maliciously, traitorously, 
 and in violation of the laws of war, conspired to impair and injure the health 
 and to destroy the lives, by subjecting to torture and great suffering, by confin- 
 ing in unhealthy and unwholesome quarters, by exposing to the inclemency of 
 winter and to the dews and burning suu of summer, by compelling the use of 
 impure water, and by furnishing insufiicient and unwholesome food, of large 
 D,umbers of soldiers in the military service of the United States held as prisoners 
 of war at Andersonville, Georgia, by the so-called Confederate States of America, 
 tQ;the end that the armies of the United States might be weakened and impaired, 
 and the insurgents engaged in armed rebellion against the United States might 
 be aided and comforted." ^ 
 
 I invoke, gentlemen, your calm deliberation, your most dispassionate and ^ 
 humane judgment, while I endeavor to unfold the proofs of guilt. 
 
 In a field so broad, presenting so many issues and involving so many persons, 
 it has been a question of grave thought with me, how to present the argument 
 in this case, my desire being only to give to the court a perspicuous and faithful 
 analysis of the testimony, nothing extenuating and setting down naught in 
 malice. 
 
 With this view I have thought it best to notice — 
 
 1st. Such legal objections as have been made to the commission as a judicial 
 tribunal, and such other objections as may be deemed worthy of notice touching 
 the manner in which the case has been tried. 
 
 2d. To present a truthful analysis of the testimony without regard to the 
 responsibility of parties, for the purpose of ascertaining, as nearly as language 
 can portray them, the horrors of Andersonville, that we may be prepared to 
 appreciate fully the fearful responsibility of those inculpated by the evidence. 
 . 3d. To examine charge 1st, alleging conspiracy ; in this connection showing 
 the extent of the conspiracy, its purposes, and the criminality of each of the 
 conspirators, and — 
 
 4th. To show the guilt of the prisoner at the bar under charge second, alleg- 
 ing murder in violation of the laws of war. 
 
 JURISDICTION OF THE COURT. 
 
 Among the numerous special pleas filed by the counsel, denying the right of 
 the court to try the prisoner, there is but one, I believe, which has not been 
 abandoned. This is the plea to the jurisdiction. 
 
 I can hardly suppose that any member of this commission entertains a doubt 
 on this point; yet I do not feel at liberty to pass unnoticed a question so seri- 
 ously made, and about which honest and loyal men differ. If there be neither 
 law, safe precedent, nor right, upon which to base this proceeding, then it is a 
 serious assumption of power, and alike dangerous to yourselves and the prisoner, 
 and one in the exercise of which the order of his excellency the President will not 
 protect you. While I have yet to read the adverse opinion of a single lawyer given 
 outside the court room, who speaks from the standpoint of one who knows from 
 the teachings of experience how strong has been, and is still, the necessity of 
 checking and punishing crimes against the laws of war, committed in rebellious 
 districts, during and in aid of rebellion against the government, yet it must be 
 conceded that there is a color of reason in the argument, and it is because with 
 great persistency your right to proceed is denied, that I shall presume to address 
 myself to this question. 
 
 As we recede from a state of actual war and approach a condition of profound 
 peace, we doubtless travel away from the comer-stone upon which the military 
 commission as a judicial tribunal rests ; but that your right to try the case before 
 
724 TKIAL OP HENRY WIRZ 
 
 you is disturbed by a mere suspension of hostilities on tlie part of rebels in the 
 field, while the spirit of rebellion is still rampant, I do not for a moment suppose, 
 and in a very brief reaumd of the argument on the subject I hope to make it so 
 appear. As I view this question of jurisdiction, it is one of both law and fact, 
 to determine which each case must rest upon its own merits. 
 
 It involves a question of law in determining whether a court of this kind can 
 be legally constituted, and a question of fact as to whether the present case can 
 be thus tried; for a military court may be properly constituted, yet the case 
 brought before it not properly triable by it. 
 
 If this be true, the subject may be disposed of in the examination of the fol- 
 lowing questions : 1st. Has the President of the United States the constitu- 
 tional power to convene a military commission for the trial of military offences 
 committed in time of war ? 2d. Is this case triable by military ? 
 
 I believe it is not claimed by any that the power assumed by the President in 
 convening this commission for the purpose named in the order dwells in him, 
 except in time of war and great public danger, or dming insurrection or rebel- 
 lion. 
 
 Your jurisdiction is a special one, resting upon no written law, but derived 
 wholly from the war powers of the President and Congress, which are themselves 
 of course derivable from the Constitution. If it can be shown to safely rest 
 upon these, you become invested, not only with a right, but a high dnty to sus- 
 tain it in obedience to the proper order of your commander-in-chief 
 
 On an examination of the opinions expressed against the right claimed, yon 
 will discover the whole argument to rest upon the negative declarations or pro- 
 hibitory clauses of our fundamental law, denying to Congress the exercise of 
 certain powers, as for example : " No person shall be held to answer for a capital 
 or otherwise infamous crime unless on presentment or indictment of a grand jury," 
 &c., &c. ; " in alli|criminal prosecutions the accused shall enjoy the right of a 
 speedy and public trial by an impartial jury, " &c. Articles 5 and 6 amend- 
 ments to Constitution. " The trial of all crimes, except in cases of impeachment, 
 shall be byjury," article 2, section 2d, Constitution. Whatever else may be brought 
 into the argument, these and kindred clauses are the real source of complaint 
 whence a misguided loyalty, a super-technical judgment, have found reason for 
 withholding their approval of the measures adopted by the government, through 
 the . military commissioner, to aid in suppressing a rebellion for its overthrow. 
 And hence you are told gravely, the act of the President is a usurpation of 
 power, this court without a legal existence, your proceedings a nullity. 
 
 For a moment, let us try and ascertain the purpose of those who framed the 
 Constitution, and by fair interpretation arrive at the true meaning of that great 
 chart of liberty. 
 
 Alexander Hamilton wrote at the time the Constitution was being canvassed 
 before the people for final adoption : 
 
 The circumstaDces that endanger the safety of nations are infinite, and for this reason no 
 constitutional shacltlcs can wisely be imposed on the power to which the care of it is com- 
 mitted. » « » ipjjjg jg jjjjg ^f those truths which to a correct 
 and unprejudiced mind carries its own evidence along with it, and may be obscured, but 
 cannot be made plainer by argument or reasoning. The means ought to be proportioned to 
 the end, the persons from whose agency the attainment of any end is expected, ought to 
 poss'ess the means by which it is to be attained." (Federalist No. 23.) 
 
 Mr. Madison, in speaking of the impossibility of anticipating the exigencies 
 which might arise, and the futility of legislating for what could not be anticipated, 
 at the same time insisting that the powers as granted to the President and Con- 
 gress are now ample for every emergency, says: 
 
 It is vain to impose constitutional barriers to the impulse of self-preservation. It is worse 
 than in vain, because it plants in the Constitution itself necessary usurpations of powsr. 
 (Ibid No. 41.) 
 
TRIAL OP HENRy WIEZ. 725 
 
 Many years later, and after its adoption, with such light flooded upon it as 
 the great minds of those early days could shed, Mr. Adams, in unequivocal 
 phrase, enunciated the same ide.a. In speaking of the authority of Congress in 
 time of war, he says : 
 
 All the powers incident to war are, by necessary implication, conferred upon the govern- 
 raent of the- United States. 
 
 There are then, in the authority of Congress and of the Executive, two classes of powers, 
 altogether different in their nature and often incompatible with each other, the war power and 
 the peace power. The peace power is limited by regulations and restricted by provisions 
 prescribed within the Constitution itself. The war power is limited only by the laws and 
 usages of nations. 
 
 This power is tremendous ; it is strictly Constitutional, but it breaks down every barrier 
 so anxiously erected for the protection of liberty, of property, and of life. 
 
 These are bold words, uttered when civil war was not impending, when a 
 powerful rebellion to overthrow this great nation could hardly have been antici- 
 pated ; the opinion of a great mind and a pure patriot, with judgment free from 
 the tyranny of partisan clamor, they come to us with all the force of law itself. 
 
 Do you find difficulty in reconciling these constitutional incompatibilities ? 
 Your statute punishes assault and battery, yet a law underlying the statute, not 
 expressed, says you may resist force with force ; and this well-grounded rule 
 will allow you to defend yourself even to the slaying of your antagonist. Neces- 
 sity knows no law inadequate to its demands, and self-preservation antedates all 
 law. Who shall say that a government in whose perpetuation rest the hopes of 
 the world, a Constitution broad enough and liberal enough to protect the rights 
 of all over whom it reaches — a people whose confidence in the perfection of their 
 form of government, four years of internecine war have not shaken — who shall 
 say that these are denied nature's first law ? No, these law-givers and wise men 
 of olden and modern times spoke truly when they laid down the doctrine that 
 the principle of self-preservation belongs to nations, no less than to individuals ; 
 and that it is not in the power of a nation to code away this right. 
 
 The Supreme Court of the United States has, in numerous decisions, declared 
 that Congress and the Executive possess the right to do whatever the public 
 safety may require to suppress rebellion or repel invasion. (4 Wheaton, 420 ; 12 
 Wheaton, 119-128; 8 Cranch, 15.) 
 
 This opinion was entertained by the fathers of the CoustituJ;ion and is found 
 embodied in congressional legislation as early as 1792, reiterated in 1795 and 
 1807, which seem to have been statutes made to meet just such emergencies as 
 this war brought upon us. (See Statutes at Large vol. 1, pp. 264, 424 ; vol. 2, p. 
 419.) 
 
 In 12 "Wheaton, (Martin vs. Mott,) Mr. Justice Story, in an opinion sustain- 
 ing the constitutionality of these laws, says : 
 
 The President is the exclusive judge of the exigency, and his action must be conclusive of 
 the exigency. 
 
 Thus taking from the Supreme Court the right to impeach the President's judg- 
 ment. This same opinion is sustained in Luther vg. Borden, 7 Howard, 42-43. 
 
 I suppose it will not be denied that war changes the relations of all parties 
 brought into antagonism as belligerents by it. No one can attack me without 
 forfeiting his right for redress if I injure him by proper resistance without resort- 
 ing to the forms of law to make him keep the peace ; and no one can levy war 
 upon our government without placing himself beyond the segis of the Constitution. 
 
 It must be remembered when objection is made to the exercise of this 
 necessary power of the President, that what might be a good plea for a loyal 
 citizen, who has committed a civil offence against the criminal statutes of the 
 land, is not a good plea for a traitor who is on trial for the commission of a military 
 o£Fence against the laws of war. 
 
 As we are endeavoring to determine whether the President can by right 
 
726 TRIAL OP HENRY WIKZ. 
 
 exercise the power to organize a court for the trial of military offences committer 
 by those not in the military service, it may not be necessary to pursue this lin 
 of argument further. Let me, however, place by antithesis some things expressl; 
 prohibited in the Constitution, but which it is generally conceded maybedou 
 in time of war. 
 
 " The United States shall guarantee to every State a republican form o 
 government, * * * and shall protect each of them against invasion," (Const 
 Art. IV, Sec. 4;) yet the whole power of the government has been concentrate! 
 in one grand invasion of the south for four years. 
 
 "The right of the people to be secure in their persons, houses, papers, &c, 
 against search, &c., shall not be violated ; and no warrant shall issue, but npoi 
 probable cause, supported by oath, &c;" (Amend. Const., Art. IV,) yet, I sue 
 pect, an action of trespass would not lie against the officer who broke open certaii 
 escritoires, bringing to light the proofs of conspiracies entered into by leadinj 
 rebels south and north to poison, burn, and assassinate. 
 
 " No soldier in time of war shall be q^uartered in any house without the con 
 sent of the owner, but in a manner to be prescribed by law," (Amend. Con 
 Art. Ill ;) yet it was hardly expected that our generals in an enemy's countrj 
 would consult the statutes " in such case made and provided." 
 
 " The right of the people to keep and bear arms shall not be infringed," (Ibid 
 Art. I ;) yet the general or executive who would, fearing to violate this right 
 permit the Knights of the Golden Circle, or any other hostile combination, ti 
 organize or menace the government, could hardly defend himself before hi 
 country. 
 
 "The freedom of speech shall not be abridged," (Ibid., Art. I;) yet wh 
 would hesitate to say that the inciter of treason by speech is no less a traito 
 than he who raises his hand against the government. 
 
 " Private property shall not be taken without just compensation," (Ibid., Arl 
 V ;) yet during the rebellion millions of dollars' worth have been seized and U3e( 
 for military purposes without any process of law whatever, and millions raor 
 have been libelled under the confiscation act of Congress and converted to put 
 lie use without just compensation. 
 
 Who so bold as to deny thfe principle upon which this has been done ? 
 
 Art. IV, Sec. 11, Const., provides for the recapture of slaves escaping to fre 
 States, and the Supreme Court of the United States has said, also pledges th 
 federal government to protect the rights thus secured to slave-owners : agains 
 and in violation of which rises like a pillar of fire the proclamation of freedom 
 apotheosizing its author — the crowning glory of his administration. The highes 
 proof that our cause is approved in the Jorum conscicntire. 
 
 How can there be such antagonisms in our magna charta ? How are thes 
 things defeusible ? They are the " incompatibilities" of which Mr. Madiso 
 speaks. We see here the harmony, at the same time, the conflicts between th 
 war powers and the peace powers of which Mr. Adams speaks, and there is pre 
 sented in strong light the adaptation of means to ends, which Mr. Harailto 
 insists upon ; and above all, that inherent power which spurns all barriers an 
 grounds itself upon great first principles, dwells always with the source of a, 
 power and is inseparable from it — the people — and declares as fearlessly as i 
 battles, that in times of war and great public danger laws and constitutions ar 
 silent if they stand in the way of the nation's life. 
 
 But it is said that Congress may have the power to create military commissioni 
 yet as it has not done so, or conferred that right upon the President, it is, therf 
 fore, an unwarrantable assumption. 
 
 It seems to me that, as the Constitution expresslj'- confers no power of thi 
 kind upon Congress, it matters little whether Congress or the President exercis 
 it ; and if one can do so, with equal right can the other. The whole questioi 
 still rests upon necessity, to meet which the neglect of one will not excuse th 
 
TRIAL OF HENRY WIEZ. 727 
 
 other. Still, inquiring whether this can be done iu any case, let us recur a 
 moment to opinions cotemporaneous with the Constitution. 
 
 "We began our struggle for independence under the articles of confederation, 
 and it is well known that the colonies reserved all rights to themselves, not 
 expressly delegated to the confederacy. Then, as no w, there were traitors, whose 
 oiimes partaking of the nature of military offences, were made punishable by 
 military courts. If you will examine the legislation of the country, it will be 
 found that from 1775 down to the present time, authority has been conferred 
 upon military courts to try civilians for the commission of certain offences. See 
 acts of Congress, 7th November, 1775 ; 17th June, 177G ; 27lh February, 1778 ; 
 aSd April, 1800 ; 10th April, 1806 ; 13th February, 1862 ; 17th July, 1862. 
 Congress conferred this jurisdiction on both courts-martial and military commis- 
 eion, until during this war, however, resorting to the court-martial. 
 
 Now it has been frequently decided by the Supreme Court that a court-mar- 
 tial is a tribunal provided for in the rules and articles of war, but with a juris- 
 diction limited to military persons, as well as military offences, so that it is as 
 much a usurpation to try a civilian by court-martial as before a military com- 
 mission. 
 
 Admitting this, we find ourselves strongly fortified by those early enactments, 
 especially in the light of the decisions of the Supreme Court. Stewart vs. Laird, 
 (1 Cranch, 299,) decides that " a cotemporary exposition or construction of the 
 Constitution acquiesced in for a period of years fixes it beyond the reach of 
 doubt," and we are compelled to conclude that the power assumed grows out of 
 a necessity of which Congress or the President must judge at the time. 
 
 Many things are proper to be done in time of peace, which in time of war be- 
 come high crimes. No criminal code and no civil criminal tribunal can reach these ; 
 they are incident to and grow out of a state of war. 
 
 Every student of history, whether or not he may have studied law, under- 
 stands this. It is a timid loyalty, a yielding to doubtful and hasty clamor, that, 
 during this war, questioned a practice sanctioned by all nations and begun on 
 this continent cotemporary with the Constitution. 
 
 But, again, a declaration of war institutes a code of laws for the government 
 of the belligerents, known as the laws of nations. And this is true of an insur- 
 rection, as well as of a foreign war, so that we are to look more to the custom 
 of nations than to our own Constitution for guides. We have enumerated some 
 of our constitutional guarantees intended to protect all persons, but it will hardly 
 be pretended that rebels, war traitors, assassins in aid of rebellion, banditti, 
 guerillas, and spies, could plead them or derive any immunity by them. The 
 true guide and the higher law is the law of war and the customs of civilized 
 nations. From a recent opinion of the present Attorney General, given in support 
 of the commission for the trial of the President's assassins, taking this view, I 
 extract the following : 
 
 A military tribunal exists under and according to the Constitution in time of war. Con- 
 gress may prescribe ho^y all sucb tribunals are to be constituted, what shall be their juris- 
 diction and mode of procedure. Should Congress fail to create such tribunals, then, under 
 the Constitution, they must be constituted according to the laws and usages of civilized 
 warfare, and they may take cognizance of such offences as the laws of war permit. That 
 the laws uf nations constitute a part of the laws of the land is established from the face of the 
 Constitution, upon principle and by authority. (See also Opinions of Attorneys General, 
 vol. 1, page 27 ; 5 Wheaton 153.) 
 
 He then proceeds to show that an army has to deal with two classes of ene- 
 mies, one of which is the open active belligerent or soldier in uniform, who 
 observes the law of war; the other is a violator of the laws of war, and usages 
 of civilized nations, who, when caught, may be shot down as an enemy to tbe 
 human race, or tried by military courts and subjected to such punishment as the 
 laws of war authorize. Here, as before, we see that tbe only safe rule is to 
 place in the hands of the commander-in-chief of the army, or his subordinates 
 
728 TRIAL OF HENRY WIRZ. 
 
 acting under proper orders, full and exclusive discretion as to the means to be 
 used to protect the existence of his army, subject only to be held responsibU 
 for the abuse of the discretion so conferred. And whether he resort to military 
 commission, court-martial, drumhead court, summary and instantaneous execu- 
 tion, right, reason, and wise public policy must sustain him so long as he keeps 
 within the code of civilized nations. 
 
 I do not think it necessary to notice the distinction made between material 
 law and military law, your guide being, as I conceive it, the law of nations rathej 
 than either. I might remark, however, tha.t military law is a part of the law oi 
 the land in times of peace and war ; hut martial law is an incident of war, and 
 may or may not be declared. I do not rest your right, however, to sit as a mili- 
 tary commission, upon the action of the President in this particular. He may 
 not have declared martial law to be in force, still your existence be legal. He 
 may not have suspended the writ o{ habeas corpus, still your jurisdiction be un- 
 disturbed. To declare martial law is one act of war power; to suspend the writ 
 of habeas corpus another ; to order this court to try the prisoner before it, another. 
 
 It is an error to suppose there must be an enemy menacing you pendente lite, 
 a declaration of war, a suspension of trial by civil tribunal before you can pro- 
 ceed. The civil courts may be in never so complete operation, the enemy in a 
 remote part of the country, and the place of trial in the midst of a peaceful portion 
 of the land ; still, if there be a necessity, and the offence be properly punishable 
 by the laws of war, the duty at once falls upon the proper officer to meet that 
 necessity as the public safety may require. I believe this view to be sustained 
 by the best military writers, and a legitimate sequence of the argument in sup- 
 port of military commissions. The practice of European powers confirms this 
 opinion, the right having never been seriously questioned, but its abuse being 
 provided for by bills of indemnity. 
 
 If further precedent be required it is amply presented in the action of President 
 Washington during the "whiskey insurrection" of 1794 and 1795, of President 
 Jefferson during the Burr conspiracy of 1806, of General Jackson in 1814, at 
 New Orleans and afterwards in Florida, in all of which cases, though of infinitely 
 less moment compared with the exigencies growing out of the present war, it 
 was enunciated that whatever the existing necessity demands must be done. 
 (See Halleck's International Law, page 371, 380, and cases cited.) 
 
 Second. Having presented sufficient reasons for concluding that the President 
 has usurped no authority and violated no laws in copetituting you a military court 
 for the trial of military offences, it remains to notice whether the present case 
 comes within the scope of your jurisdiction. Here I think we will have less 
 difficulty, as it is more a question of fact than law. 
 
 This prisoner is charged with the perpetration of offences many of them un- 
 known to common law or statute law, they were committed by a belligerent, in 
 his own territory, in the exercise of a commission assigned him by the enemy, 
 and in the execution of the orders of his superiors, given in violation of the laws 
 of war. 
 
 The government he served never did and never can try himj no civil tribu- 
 nal is possessed of power; the duty then, as I think, devolves upon you. But 
 it is said the war is over, there is no longer any necessity for military tribunals, 
 and however proper in times of war and public danger to assume the functions 
 of civil courts, there is now no reason for doing so. 
 
 If it were necessary I would traverse the fact. The war is not over. True, 
 the muskets of treason arc stacked ; the armies of tlie rebellion are dissolved, 
 some of the leaders are in exile, others are in prison ; but by far the largest 
 portion, sullen, silent, vengeful, stand ready to seize every opportunity to divide 
 the loyal sentiment of the country and with spirit unbroken and defiant, would 
 this day raise the standard of rebellion if they dared hope for success. This 
 -opinion of the war still existing is not mine alone. The Attorney General in 
 
TRIAL 01? HENRY WIRZ. 729 
 
 his return to Judge Wylie's writ of habeas co?-pus, issued for the surrender of 
 the body of Mrs. Surratt, spoke of it in that sense. 
 
 Congress in many of its enactments provided for a state of war after a ces- 
 sation of hostilities. The whole policy of the government towards the southern 
 States sustains this idea. 
 
 The President by suspending Judge Wylie's writ in the Burch case on the 
 16th of September since this trial began, his adherence to President Lincoln's 
 proclamation of martial law, and his declining to take any action that might be 
 construed into a proclamation of peace, all show beyond doubt that the time of 
 public danger has not passed. But, however this may be, with the fact you 
 have nothing to do. The President, by constituting you a court to try this 
 prisoner, has, by that act alone, declared the presence of a public danger, and 
 that a necessity exists to still cling to military tribunals for the punishment of 
 military offences ; and it is beyond your power to dispute his judgment. You 
 may perhaps pass upon the question as to whether you are a court, but as to 
 the emergency requiring you to try and punish this prisoner if guilty, the Pres- 
 ident is the sole judge. The Supreme Court has so decided, as we have before 
 seen. 
 
 I hope then, gentlemen, you may find it not against your consciences or 
 judgment to proceed to a final verdict in this case, and that you may illustrate 
 the wisdom expressed in the judicial opinion of one of our most eminent jurists, 
 given in 4 Wheaton, 316. 
 
 The government of the Union is a government of the people, it emanaljes from them, its 
 powers are granted by them, and are to be exercised for their benefit ; and the government 
 which has a right to do and act, and has imposed upon it the duty of performing the act, must, 
 according to the dictates of reason, be allowed to select the means. 
 
 Having thus disposed of the question of jurisdiction, I ask indulgence a 
 moment to notice some of the objections which have been made by the counsel 
 for the prisoner in the progress of the trial. 
 
 I am not prepared to believe that this court would stultify itself by declaring 
 that their action, after argument pro and con as to the admissibility of evidence, 
 overruling of motions of pleas or sustaining the same, was wrong, and that they 
 now desire to correct it ; however, as the conduct of the case has been some- 
 what criticised, and as the counsel, who declined to argue the defence, intimated 
 that a large part of the address would have been directed to those objections, 
 and has asked that they be not wholly overlooked ; I think it is not entirely out 
 of place to review at this time, very brieflj', the points of objection It has 
 been frequently asserted in court by counsel that the whole power of the gov- 
 ernment was concentrated upon the prosecution of this prisoner, and that he, 
 single-handed and without the aid of the government, has been conducting the 
 defence. It is well known that witnesses for the defence receive a per diem and 
 their actual expenses in coming to the court and returning to their homes. 
 The' records of this court will show that every subpoena asked for has been 
 given, except in the cases of a few rebel functionaries who, for reasons stated 
 at the time, were not subpoenaed. Of this, however, there should be no com- 
 plaint, as the facts which those witnesses were expected to establish were shown 
 by other witnesses, and as a proposition was made by the judges advocate to 
 admit that those witnesses thus excluded would testify here to the same facts, 
 a proposition which was declined by the counsel. 
 
 The records of this court will also show that there have been 106 witnesses 
 subpoenaed for the defence, of whom 68 reported. Of these, 39, many of them 
 soldiers of our army and suflerers at Andersonville, were discharged without 
 being put upon the stand, the counsel, for reasons known only to himself, 
 declining to call them. Besides this the government has, without a precedent, 
 furnished, at great expense, to the prisoner a copy of the record from day to 
 day during the progress of the trial. The government has also given his counsel 
 
730 TKIAL OF HENEY WXRZ. 
 
 the benefit of its clerical force, and, in short, shown the prisoner indulgences 
 which should forever close the mouth of one whose treatment of its soldiers 
 was in such striking contrast, that he must have felt the more deeply his guilt. 
 Again, it has been frequently complained of during the trial, that the court has 
 excluded the declarations of the prisoner, made in his own behalf, and has 
 refused to allow him in other instances to show what he did. I think the court 
 will remember that in every case the whole of any particular transaction has 
 been given for and against the prisoner, and that the resgestte, properly so called, 
 has never been excluded. 
 
 All the prison records in possession of the government which could throw any 
 light upon this case are in evidence. 
 
 The prisoner has been allowed to show acta of kindness wherever they could, 
 with any legal propriety, be given, as, for instance, the taking of drummer boys 
 out of the stockade because of their youth, the allowing Miss Rawson to admin- 
 ister to the wants of one soldier, the giving of passes to ministers of the gospel 
 to enter the stockade, his letters and reports with reference to the wants of the 
 prison, his kindness to the prisoners whom he detailed for duty outside the 
 stockade, and many other things, all of which, we shall show hereafter, are not 
 incompatible with the idea of his guilt. But even admitting more than is 
 claimed or proved for the prisoner, in regard to his urging Winder and the rebel 
 authorities to do certain things, the law is clear that if a party remain in a con- 
 spiracy, though protesting against it and seeking to escape from it, or if he con- 
 tinue in an unlawful enterprise, insisting that he does not mean to do harm, yet 
 if harm results or serious and criminal consequences follow, he is nevertheless 
 responsible. 
 
 If in the course of one year's pursuit of an illegal business, a stupendous crime 
 indeed, the perpetrator could show less than this prisoner has shown in his 
 favor, he would not be entitled to the human name. 
 
 It would be strange indeed if this record of 5,000 pages, of 38 days of weary, 
 laborious trial, presented no wrong rulings, no improper exclusion or admission 
 of evidence in a greater or less degree pertinent to some issue made ; but I assert 
 with all confidence and with honest belief, that the interests of this prisoner 
 have not been and cannot be affected injuriously by such action in any instance 
 that can be named. 
 
 It must not be forgotten, and to do this I call the special attention of the 
 counsel and of the court, tliat nowhere in this record can there be found the 
 exclusion of a scintilla of evidence bearing on the defence to the charge of mur- 
 der, and to which this prisoner is more especially called to answer. There is 
 another fact to which I would also call the attention of the counsel and the court, 
 and it is this : that if after a careful examination of the evidence there be found 
 sulBcient legal proof, legally spread upon the record, you must proceed with your 
 finding without regard to any illegal evidence, and not, as the counsel would 
 insist, declare the whole vitiated. This is sustained by reason and by law, 
 wherever it comes up to the true standard, which after all is but the perfection 
 of human reason. The only instance in which appellate courts remand cases for 
 new trial is where, from the bill of exceptions presented, they cannot determine 
 whether the jury were or were not misled by the evidence improperly admitted ; 
 but where they find that the errors complained of were not material, or where 
 the vei'dict is sustained after disregarding the errors, no courts will subject the 
 parties to a second trial, or interpose to save the complainant. 
 
 Out of place as this may be in the order of my argument, I have deemed it 
 just to say this much. 
 
 SUFFERIIMCiS AT ANDERSONVILLE. 
 
 We come now to notice the evidence spread upon the record with regard to 
 the sufferings of Union prisoners at Andersonville. 
 
TRIAL OF HENRY WIRZ 731 
 
 CHARACTER OF TESTIMONY. 
 
 It is argued that the evidence presenting the horrors of Andersonville is not 
 of that class which is entirely reliable ; that those who were in the rebellion have 
 been brought here forcibly by the government, and made to testify in anticipa- 
 tion of reward by pardon or through fear of being themselves punished, and 
 that the evidence of soldiers who were sufferers at Andersonville was highly 
 eolored, testifying as they did under the sense of the injuries inflicted upon them 
 while prisoners, and warmed to enthusiasm in the enumeration of their wrongs. 
 
 I need say only in reply, that the careful observer of this trial must have 
 discovered how utterly powerless has been the language of witnesses to describe 
 the condition of affairs at Andersonville ; that where science has spoken through 
 her devotees, where inspectors have tried to convey a correct idea, where the 
 artist has sought to delineate, or the photographer to call the elements to wit- 
 ness, they have all uniformly declared that with all these appliances, nothing 
 has presented in their true light the horrors of that place. 
 
 The evidence before you is of the highest character. It consists of many 
 kinds, froni many directions, from persons speaking in the interest and for the 
 good of the rebel government, from persons under a strong sense of the wrongs 
 done those miserable wretches, from disinterested observers neither in the one 
 nor the other army, and from the injured themselves. And yet there is a most 
 striking concurrence in all this testimony all agreeing that history has never 
 presented a scene of such gigantic human suffering. If I can succeed in pre- 
 senting to your minds a faithful picture of Andersonville as it was, or make such 
 an analysis and grouping of the testimony as to show to the civilized world a 
 tithe of its horrors, the suffering endured, I shall have accomplished all I can 
 hope, and shall have done more than I fear I am able to do. 
 
 THE STOCKADE. 
 
 The stockade at Andersonville was originally built, as we learn from many 
 sources, with a capacity of 10,000, its area being about eighteen acres. It con- 
 tinued without enlargement until the month of June, 1864, when it was increased 
 about one-third, its area then, as shown by actual survey, being 23J acres. The 
 prison as described by Dr. Joseph Jones, a surgeon in therebel army, in his official 
 report to the surgeon general, consisted of a strong stockade iu the form of a 
 parallelogram 20 feet in height, formed of strong pine logs firmly planted in the 
 ground, with two smaller surrounding stockades, one 16, and the other 12 feet 
 high ; these latter being, as he say s, 
 
 Intended for offence and defence. If the inner stockade should at any time be forced by 
 the prisoners, the second forms another line of defence, while in case of an attempt to deliver 
 the prisoners by a force operating upon the exterior, the outer line forms an admirable pro- 
 tection to the confederate troops, and a most formidable obstacle to cavalry or infantry. 
 (Record, p. 4328.) | Manuscript, p. 17'2. ] 
 
 To show more clearly the strength of this stockade, I quote again from Dr. 
 Jones's report. 
 
 The four angles of the outer liue are strengthened by earthworks upon com- 
 manding eminences, from which the cannon, in case of an outbreak among the 
 prisoners, may sweep the entire enclosure. (Record, pp. 2328 and 2329.) 
 [Manuscript, p. 1721.] 
 
 On the outside of the inner stockade were erected 35 sentry boxes or watch 
 towers overlooking the area within, and so constructed as to protect the sentries 
 from the sun and rain. 
 
 From Colonel Chandler's inspection report dated August 5, 1865, 1 quote the 
 following : 
 
 A railing around the inside of the stocltade and about 20 feet from it constitutes the dead- 
 line, beyond which prisoners are not allowed to pass. A small stream passes from west to 
 
732 TRIAL OF HENEY WIRZ. 
 
 cast through the enclosure about 150 yards from its southern limit, and furnishes the only 
 water for washing accessible to the prisoners. 
 
 Bordering this stream about three-quarters of an acre in the centre of the enclosure are so 
 marshy as to be at present un6t for occupation, reducing the available present area to about 
 •23i acres, which gives somewhat less than six square feet to each prisoner. 
 
 And he remarks : 
 
 Even this is being constantly reduced by additions to this number. 
 
 From the beginning to the close, the only shelter in the prison was such as 
 the ingenuity of the prisoners could devise, all the standing timber and under- 
 growth having been cut away, and with the exception of a small shed, covered 
 but not enclosed, stretching across a portion of the north end of the stockade, 
 nothing whatever existed to protect the prisoners from the inclemency of the 
 weather, or the intolerable heat of that climate. 
 
 The prison was entered by two gates, called the north and south gates, the 
 first situated a short distance north of the bakery, the other a short distance from 
 the southwest corner and on the west side. 
 
 THE COOK-HOUSU. 
 
 Immediately above the stockade, and on the stream passing through it, was 
 situated an immense cook-house, at which all the rations provided for the pris- 
 oners, if cooked at all, were prepared. The drainage and oiTal of this bakery 
 passed immediately into the stream running through the prison. Still above 
 and on the same stream, were located, at distances varying from 500 yards to 
 half a mile, several rebel encampments. These washed into the stream and their 
 sinks were located on it. 
 
 THE HOSPITAL. 
 
 The hospital which was erected some time in June, 1864, prior to which the 
 sick were treated under the shed already referred to inside the stockade, was a 
 stockade enclosure similar to the prison, situated on *he south side of the prison, 
 about 400 yards from the southeast corner, and containing five and a half 
 acres. 
 
 A stream of water passing through its southeast corner emptied itself into the 
 stream crossing the stockade, a few yards from the east side of the stockade. 
 Within this enclosure were erected for hospital buildings, long sheds constructed 
 of poles, with roofs made of pine bougLs, and in some instances of planks, 
 without any siding or other protection. In some cases wall and fly tents much 
 worn and in very bad condition were used. This constituted the shelter fur- 
 nished the sick. 
 
 THE DEAD-HOUSE. 
 
 The dead-house was a building similar to one of the hospital sheds except 
 that it was partially enclosed by boards and puncheons nailed on its sides. To 
 this the dead were conveyed upon litters, blankets, stretchers, and by such other 
 means as the prisoners could devise, and were conveyed thence in army wagons, 
 about 25 in each load, piled up like cord-wood or •' as a western farmer hauls 
 his rails," as one of the witnesses told you, to the burying ground, which was 
 situated a few hundred yards northwest of the stockade. 
 
 CONDITION OF THE STOCKADE. 
 
 Having thus given an outline of the stockade, the hospital, and their surround 
 ings, let us inquire into the condition of each of those places, taking first the 
 stockade. It will be remembered that the testimony is drawn from many sources. 
 I present, 1st. The opinions of medical officers in the service of the rebel 
 government, on duty at Andersonville and elsewhere, at the time these sufi'er- 
 
TRIAL OF HENRY WIRZ. 733 
 
 ings are alleged to have been endured. 2J. The opinions of rebel officers as- 
 signed to the special duty of investigating the condition of affairs at Anderson- 
 ville, together with the records of the prison. 3d. The opinions of officers and 
 soldier's of the rebel ai-my on duty at Andersonville. 4th. The observations of 
 persons residing in the vicinity during this period, and who paid frequent visits 
 to Andersonville ; and 5th. The testimony of prisoners themselves. I shall 
 endeavor to present the subject in the order above mentioned. 
 
 TESTIMONY OF MEDICAL OFFICERS. 
 
 Among the earlier official inspectious given this prison was that of Surgeon 
 E. J. Eldridge, who made a report, pursuant to instructions of Major G-eueral 
 Howell Cobb, and which accompanied the report of that general, made upon the 
 same subject to the adjutant general of the rebel government, for the information 
 of the war department, and which reached that department May 21, 1864. 
 (See Exhibit 15 A.) He says : 
 
 I found the prisoners, in my opinion, too much crowded for the promotion or continuance 
 of their health, particularly during the approaching summer months. The construction of 
 properly arranged barracks would, of course, allow the same number of men to occupy the 
 enclosure with material advantage to their comfort and health. At present their shelter con- 
 sists of such as they can make of the boughs of trees and poles, covered with dirt. The few 
 teats they have are occupied as a hospital. « # » j found the 
 
 condition of a large number of the Belle Island prisoners on their anival to be such as to 
 require piore attention to their diet and cleanliness than the actual administration of medicine, 
 very many of them suffering from chronic diarrhcea, combined with scorbutic disposition with 
 extreme emaciation, as a consequence. The hospital being within the enclosure, it has been 
 found impracticable to administer such diet, and give them such attention as they require, 
 as, unless constantly watched, such diet as is prepared for them is stolen and eaten by the 
 other prisoners. 
 
 He then proceeds to urge upon the authorities at Richmond the necessity of 
 removing the hospital. On this point he says : 
 
 I consider the establishment of a hospital outside of the present enclosure as essential to 
 the proper treatment of the sick, and most urgently recommend its immediate construction. 
 
 And to meet an objection, which he says was made at Richmond to doing this> 
 because additional guards would be required, he says : 
 
 Nurses could be detailed with such discretion that but few would attempt to escape, and 
 with frequent roll-calls, they would not be absent but a few hours before detected, and would 
 be readily caught by the dogs, always at hand for that purpose. 
 
 Up to this time no bakery for the prisoners existed, their rations being issued 
 to them raw, as will appear from the following paragraph in the report : 
 
 The bakery just being completed will be a means of furnishing better prepared food 
 particularly bread, the half-cooked condition of which has doubtless contributed to the con" 
 tinuance of the bowel affections. 
 
 The mean strength of prisoners at the date of this report, as shown by the 
 journal kept by the prisoner, was about 14,000. 
 
 Thus we see that the sufferings at Andersonville were anticipated as early as 
 May, and the rebel government duly warned of that question, however, here- 
 after. 
 
 Without pretending to analyze the evidence of each, medical gentleman who 
 has testified upon this subject, as they all concur in the general facts in relation 
 to the condition of the stockade, I select the report of one of the most intelligent 
 of their number, quoting him somewhat fully. The gentleman who speaks 
 through the report I am about to give is Dr. Joseph Jones, professor of chemis- 
 try in the medical college of Georgia, a graduate of the University of Pennsyl 
 vania, and a man of eminence in his profession. 
 
 He went to Andersonville under the direction of the surgeon general of the 
 
734 TRIAL OF HENRY WIRZ. 
 
 confederacy, pursuant to an order dated Richmond, Virginia, August 6, 1864, 
 in which the surgeon general uses the following language : 
 
 The field of pathological investigations, afforded by the large collection of federal pris- 
 oners in Georgia, is of great extent and importance, and it is believed that results of value 
 to the profession may bo obtained by a careful investigation of the eiifects of disease upon the 
 large body of men subjected to a decided change of climate, and the circumstances peculiar 
 to prison life. (Record, pp. 433.3; manuscript, p. 1721.) 
 
 From this will be seen there was authority from a high source for his proceed- 
 ings, certifying a knowledge of the condition of things at Andersonville in the 
 surgeon general's office, if it does not specially commend the humanity of that 
 office. After making some remarks in regard to the character of the soil, the 
 internal structure of the hills, &c.. Dr. Jones proceeds to give a table illustrating 
 the mean strength of the prisoners confined in the stockade from its organization, 
 February 24, 1864, to September, 1864. 
 
 This computation, 1 may remark, is only approximately accurate, and is 
 arrived at by adding together the number of prisoners at the first, the middle, 
 and the last of each month and dividing the result by three. His table, how- 
 ever, shows the following, as the mean result : 
 
 March 7, 500 
 
 April 10, ODD 
 
 May 15, 000 
 
 June , 22, 291 
 
 July 29, 030 
 
 August 32, 899 
 
 He says : 
 
 Within the circujnscrlbed area of the stockade the federal prisoners were compelled to 
 perform all the offices of life, cooking, washing, urinating, defecation, exercise, and sleeping. 
 
 The federal prisoners were gathered from all parts of the Confederate States east of the Mis- 
 sissippi, and crowded into the confined space until, in the month of June, the average num- 
 ber of square feet of ground to each prisoner was only 33.2, or less than four square yards. 
 (Record, p. 433] .) These figures, he says, represent the condition of the stockade in a better 
 light even than it really was, for a considerable breadth of land along the stream flowing 
 from west to east between the hills was low and boggy, and was covered with excrement of 
 men, and thus rendered wholly uninhabitable, and in fact useless for everj- purpose, except 
 that of defication. (Record, p. 431 and 432.') 
 
 It will be remembered that besides this swamp must be excluded the space between the 
 dead-line and the stockade, which, together with the bog, must be excluded from the whole 
 area. 
 
 Colonel Chandler, in his official report, makes a computation, showing that 
 the actual space allowed to each prisoner was only six square feet, there being 
 scarcely room for the prisoners all to lie down at the same time. 
 
 Dr. Jones's report continues : 
 
 With their characteristic industrj' and ingenuity, the federals constructed for themselves 
 small huts and caves, and attempted to shield themselves from the rain and sun, and night 
 damps and dews. But few tents were distributed to the prisoners, and those were in most 
 eases torn and rotten. In the location and an'angement of these tents and huts, no order 
 appears to have been followed ; in fact regular streets appeared to be out of the question in so 
 crowded an area, especially, too, as largo bodies of prisoners were from time to time added 
 suddenly, without any previous preparation » « » * 
 
 * * The police and internal economy of the prison was left almost entirely 
 
 in the hands of the prisoners themselves, the duties of confederate soldiers acting as guards 
 being limited to the occupation of the boxes or look-outs arranged around the stockade 
 at regular intervals, and to the manni ng of the batteries at the angles of the prisons. (Record, 
 p. 4334 and 4335.) 
 
 Again : 
 
 Even judicial matters pertaining to themselves, as the detection and punishment of such 
 crimes as theft and murder, appear to have been in a great measure abandoned to the prison- 
 ers. A striking instance of this occurred in the month of July, when the federal prisoners 
 within the stockade tried, condemned, and hanged six (6) of their own number who 'had 
 
TRIAL OF HENRY WIRZ. 735 
 
 beeu convicted of cheating and of robbing and murdering their fellow-prisoners. They 
 were all hung upon the same day, and thousands of the prisoners gathered around to witness 
 the execution. 
 
 The confederate authorities are said not to have interfered with these proceedings. In this 
 collection of men from all parts of the ^orld, every phase of human character was repre- 
 sented. The stronger preyed upon the weaker, and even the sick, who were unable to de- 
 fend themselves, were robbed of their scanty supplies of food and clothing. 
 
 Dark stories were afloat of men, both sick and well, who were murdered at night, strangled 
 to death by their comrades for scant supplies of money and clothing. I heard a sick and 
 wounded federal prisoner accuse his nurse, a fellow-prisoner, of the United States army, of 
 having stealthily, during his sleep, innoculated his wounded arm with gangrene, that he might 
 destroy his life, and fall heir to his clothing. 
 
 The large number of men confined within the stockade, soon, under the defective system 
 of police, and with imperfect arrangements, covered the surface of the low grounds with ex- 
 crements. The sinks over the lower portion of the stream were imperfect in their plan and 
 structure, and excrements were in a large measure deposited so near the borders of the 
 stream as not to be washed away, or else accumulated upon the low, boggy ground. The 
 volume of water was not sufficient to wash away the fseces, and they accumulated in such 
 quantities in the lower portion of the stream as to form a mass of liquid excrement. Heavy 
 rains caused the water of the stream to rise, and as the arrangements for the passage of the 
 increased amount of water out of the stockade were insufficient, the liquid fiECes overflowed 
 the low grounds, and covered them several inches after the subsidence of the waters. The 
 action of the sun upon this putrefying mass of excrements, and fragments of bread, meat and 
 bones, excited most rapid fermentation, and developed a horrible stench ; improvements were 
 projected for the removal of the filth and for the prevention of its accumvrlation, but they 
 were only partially and imperfectly carried out. 
 
 As the fseces of the prisoners were reduced by confinement, want of exercise, improper 
 diet and by scurvy, diarrhoea, and dysentery, they were unable to evacuate their bowels 
 within the stream, or along its banks, and the excrements were deposited at the very door of 
 their tents. The vast majority appeared to lose all repulsion to filth, and both sick and well 
 disregarded all the laws of hygiene and personal cleanliness. The accommodations for the 
 sick were imperfect and insufficient. (Record, pp. 4333, 4334, 4335, and 4336.) 
 
 Again he says : 
 
 Each day the dead from the stockade were carried out by their fellow-prisoners and de- 
 posited upon the ground under a bush arbor just outside of the southwestern gate. Prom 
 thence they were carried in carts to the burying ground, one-quarter of a mile, northwest 
 of the prison. The dead were buried without coffins, side by side, in trenches four feet 
 deep. The low grounds bordering the stream were covered with human excrements and 
 filth of all kinds, which in many places appeared to be alive with working maggots. 
 
 An indescribably sickening stench arose from this fermenting mass of human dung and 
 filth. (Record, p. 4339.) 
 
 And again : 
 
 There were nearly 5,000 seriously ill federals in the stockade, and Confederate States mili- 
 tary prison hospital, and the deaths exceeded 100 per day, and large numbers of the prisoners 
 who were walking about and who had not been entered upon the sick report, were suffering 
 fi'om severe and incurable diarrhoea, dysentery and scurvy. * * » » X visited 2,000 sick 
 within the stockade, lying under some long sheds, which they had built at the northern por- 
 tion for themselves. At this time only one medical officer was in attendance, whereas at 
 least twenty medical officers should have been employed. (Record, pp. 4340 and 4341.) 
 
 By comparing two very interesting tables of statistics given in this connection 
 by Dr. Jones, it will be observed that although the number of sick in the stock- 
 ade was the same as that in the hospital while the number of surgeons in attend- 
 ance in the stockade wa.s greatly below that in the hospital, the deaths occurring 
 were about the same in each, or, in other words, the prisoners died a^ rapidly 
 witJi treatment as without it. This is confirmed by the opinions of several sur- 
 geons, among them Drs. Eoy, Flewellen, Hard, Rice, and others, who have stated 
 that medicine was of little use, and that more could have been done by dieting. 
 
 Again Dr. Jones says : 
 
 Scurvy, diarrhoea, dysentery, and hospital gangrene were the prevailing diseases. I was 
 surprised to find but few cases of malarial fever, and no well-marked cases of typhus fever. 
 The absence of the different forms of malarial fever may be accounteij for in the supposition 
 ihat the artificial atmosphere of the stockade, crowded densely wuh humaii beings, and 
 loaded with animal exhalations, was unfavorable to the existence and action of the malarial 
 . poison The absence of typhoid and typhus fevers, amongst all the causes which are sup- 
 -posed to generate these diseases, appeared to be due to the fact that the great majonty of 
 
736 TRIAL OF HENRY WIRZ. 
 
 these prisoners had been in captivity in Virginia, at [Belle island, and in other parto of tl 
 confederacy for months, and even as long as two years, and during this time they had bee 
 subjected to the same bad influences ; and those who had not had these fevers before, eith( 
 had them during their confinement in confederate prisons, or else their systems from long ej 
 posure were proof against their action. (Record, "p. 434;i.) 
 
 A most striking fact is here presented, which illustrates perhaps in as stron 
 a light as is possible the terrible condition of our prisoners. The report show 
 that in a region of country favorable to malarial fevers, persons lying in th 
 open air on the border of a swamp, without shelter, drinking unwholesom 
 water, in short with every surrounding conducive to malaria, still the poison c 
 that atmosphere, made so by the peculiar circumstances, overcame all those inflo 
 ences, and rendered the place comparatively free from fevers of a malarial naturi 
 
 After describing at some length the effects of scurvy and hospital gangrene 
 the report proceeds : 
 
 The long use of salt meat, oftentimes imperfectly cured, as well as the almost total d( 
 privation of vegetables and fruit, appeared to be the chief cause of the scurvy. 
 
 I carefully examined the bakery and the bread furnished the prisoners, and found that the 
 were supplied almost entirely with corn-bread, from which the husk had not been separated 
 This husk acted as an irritant to the alimentary canal, without adding any nutriment to th 
 bread. (Record, p. .4346.) 
 
 After speaking of the sheds used for the sick in the stockade, which wer 
 open on all sides, he says : 
 
 The sick lay upon the bare boards, or upon such ragged blankets as they possessed 
 without, as far as I observed, any bedding or even straw. Pits for the reception of faece 
 were dug within afew feet of the lower floor, and they were almost never unoccupied by thos 
 suffering with diarrhoea. The haggard and distressed countenances of those miserable, com 
 plaining, dejected, living skeletons, crying for medical aid and food, • » » » and th 
 ghastly corpses, with their glazed eye-balls staring up into vacant space, with the flies swarm 
 ing down their open and giinning mouths, and over their ragged clothes infested with numc 
 rous lice, as they lay among the sick and dying, formed a picture of helpless, hopeless, miserj 
 which it would be impossible to portray by words or bythe brush." (Record, p. 4348.) 
 
 It would hardly seem necessary, if indeed it were possible, to add coloring ti 
 the picture here drawn. I cannot refrain, however, from noticing further the eon 
 dition of these prisoners, as we learn it from the same class of testimony. Dr 
 Amos Thornburgh, a rebel surgeon on duty at Andersonville from the 14th o 
 April until the prison was finally broken up, fully confirms everything said bi 
 Dr. Jones. After speaking of the terrible mortality among the prisoners, am 
 in reply to the question : " To what do you attribute it V he says : 
 
 I attribute it to the want of proper diet, the crowding together of too many men in th 
 prison and in the hospital, the lack of shelter and fuel, and consequent exposure. While 
 prescribed at the stockade after the hospital was moved outside, the number of sick who coul 
 not be admitted into the hospital became so great that wo were compelled to practice by for 
 mulas for different diseases, numbering them so that instead of a prescription, a patient wa 
 told to use No. — . (Record, p. 2321 ; manuscript, p. 996.) 
 
 Manifestly improper as this method of treating diseases must appear to ever; 
 one, it did not escape the criticism of the more conscientious, even of those a 
 Andersonville. Dr. Head persisting in giving a prescription in each case, as h 
 thought his duty as a conscientious physician required, and not willing to accep 
 a number prepared for all stages of any one disease, was told on asking why h 
 could not be permitted to pursue the safe course, " that he was not to prac 
 tice in that way, that he had to practice according to the formulas and number 
 that they had." (Record, p. 2500 ; manuscript, p. 1066.) 
 
 In reply to the question: "Why did you object to it 1" he says : 
 
 Because I could not prescribe properly for my patients ; I looked upon it as utter quad 
 cry ; anybody, whether he had ever read medicine or not, could practice according to the fo: 
 mulas ; it was often doubtful whether a prescription would suit a case in its present conditioi 
 The doctors, however, had to take that or nothing. 
 
TRIAL OF HENRY WIRZ. 737 
 
 Dr. G. L. B. Rice, another surgeon on duty there, speaking on this same point' 
 says : 
 
 I commenced prescribinsr as I had been in the habit of doing it at home, but was informed 
 that I wouldnot be allowed to do that ; I was handed a list of formulas, and numbers from 1 
 up to a certain point, and we had to use those. My opinion was that we could do very little 
 good with that kind of prescription. It was very unsafe practice. I know nothing about the 
 ingredients in them, and had no means of knowing it. I made complaints, but the chief sur- 
 geon would not allow a change. (Record, p. 3604 ; manuscript, p. 1116.) 
 
 The testimony of Dr. Thornbnrgh and other surgeons who prescribed at the 
 stockade shows that after the hospital was moved outside, patients were not treated 
 in the stockade at all, but only those who were able to crowd their way through 
 that living mass to the south gate, or could induce their companions to carry 
 them there, or, as happened in rare instances, could have medicine sent in to them, 
 received any medical attendance whatever. Hundreds and thousands, as appears 
 from the concurrent testimony of all the witnesses, sickened, languished, and died 
 in that terrible place, without any medical attendance whatever. Horrible as 
 this may appear, the hospital register bears indubitable proof of its truth. 
 
 Let me in this connection refer to exhibit — , showing certain computations 
 made from that register. The phrase " died in quarters" in the column of 
 remarks. Dr. Thornburgh says, describes those cases just alluded to, and they 
 are shown to have amounted to the frightful number of 3,727. 
 
 These dead, as we have learned from Dr. Thornburgh's testimony, after being 
 brought ,out, were examined and, as far as possible, the diseases from which they 
 died never entered on the hospital register, for a purpose so diabolical that one 
 shudders at the thought, and which 1 shall hereafter notice. Others, the causes 
 of whose deaths could not even be guessed at, or, as Dr. Jones describes it, 
 morbi varii, were marked on the register " unknown." Prisoners would often 
 die on their way to the sick gate, or while waiting their turn at the gate, or on 
 their way from the gate to the hospital, and although in some instances such 
 men might have been prescribed for, they could not afterwards be identified, 
 but had to be carried to the graveyard and buried among the nameless. To 
 prevent if possible this utter annihilation of memory, name, and fame. Dr. 
 Thornburgh instituted a system of placards, by which he sought to prevent, if 
 possible, this reckless wiping out of all traces of the dead, and which prevented 
 its occurrence, he thinks, after June, 1864 ; but there had already gone to their 
 last home, as Captain Moore, who reinterred the dead at Andersonville tells us, 
 461 of our brave soldiers. Who they are, the Andersonville register tells not, but 
 there is a register where they are all recorded in letters of light, and one by one 
 will these unknown rise in judgment against those who are responsible for their 
 deaths. 
 
 Another frightful feature brought out by the testimony of Dr. Thornburgh 
 and others, and confirmed by nearly every soldier who testified before this court, 
 is this : that only theworst cases were allowed to enter the hospital, and so 
 closely was the line drawn, discriminating against these supplicants, that often 
 prisoners who had been refused admission into the hospital died on their way 
 back to their quarters. 
 
 I will not stop now, as I am not inquiring into the responsibility of parties, to 
 notice the ineffable cruelty of compelling the sick to remain in the stockade until 
 they were in a dying condition, as some of the witnesses say, before they were 
 eligible to a space as large as their own persons, in what was falsely termed a 
 hospital. 
 
 Nor did the rigors and sufferings of this prison cease till its very close. Their 
 shelters continued the same, no more, while the treatment both in and out of 
 the stockade was not perceptibly better. From a temperature ranging during 
 summer up to near 150 degrees Fahrenheit in the sun, as Dr. Thornburgh tells 
 you, during which there were many cases of sunstroke, it fell in the winter 
 to a temperature much below the freezing point, nothing being left these miser- 
 H. Ex. Doc. 23 47 
 
738 TRIAL OF HENKY WIRZ. 
 
 able creatures witb which to resist the inclemency of the weather but diseased 
 and emaciated bodies and ragged and worn-out clothing. Dr. Thornbnrgh says 
 that during the winter there was weather sufficiently severe to have frozen to 
 death men with the scanty supplies these prisoners had and in their emaciated con- 
 dition ; and Dr. Rice, after stating that the prisoners were exposed, more or less, 
 during the whole winter, says : 
 
 I knew a great many to die there, who, I believe, died from hanger and starvation, and 
 from cold and exposure. (Record, p, 2606: manuscript, p. 1116.) 
 
 This is more that confirmed also by Dr. Bates. (Record, p. 164 ; manuscript, 
 p. 43.) And to the eternal infamy of the man who registered it, and of the heart- 
 less wretches who caused it, let it be spread before the world, that on the hospital 
 register there appears this entry : 
 
 T. Gerrity, 106th Pennsylvania, frozen to death ; admitted, January 3d, died January 3d.; 
 died in the stockade. 
 
 Showing that he not only froze to death in the stockade without medical 
 treatment and without shelter, but that he was admitted into the hospital after 
 death, for a purpose which I shall hereafter show. 
 
 Wishing only to get at the truth of these things, and desirous particularly that 
 the parties responsible shall be judged, as far as possible, out of their own mouths, 
 I must trespass upon the patience of the court for a moment, to notice the evidence 
 of Dr. G. G. Roy, a rebel surgeon, who was on duty from the 1st of September 
 until the close of the prison. In response to the question : " What was the con- 
 dition of the men sent to the hospital from the stockade 1 Describe their diseases 
 and appearance," he says : 
 
 They presented the most horrible spectacle of humanity that I ever saw iu my life ; a good 
 many were suffering from scurvy and other diseases ; a good many were naked ; a large 
 majority barefooted ; a good many without hats ; their condition generally was almost 
 indescribable ; and he goes on to say : I attributed this condition to long confinement, wants 
 of the necessaries and comforts of life, and all those causes that are calculated to produce 
 that condition of the system where there is just vitality enough to permit one to live. The 
 prisoners were too densely crowded. There was no shelter except such as they constructed 
 themselves, which was very insufficient. A good many were in holes in the earth with their 
 blankets thrown over them ; a good many had a blanket or oil-cloth thrown over poles ! some 
 were in tenta constructed by their own ingenuity, and with just such accommodations as 
 their own ingenuity permitted them to contrive ; there were, you may say, no accommodations 
 made for them in the stockade. (Record, pp. 485 and 486; manuscript, p. 192.) 
 
 Speaking of the east side of the stockade along the stream, he says : 
 
 It is composed of marsh, and was blocked with trees which had been cut down, acting as 
 an obstruction to all the deleterious animal and vegetable matter that passed after heavy 
 weather through this stream ; it accumulated and became very noxious, and was a very 
 fruitful source of malaria. 
 
 He then speaks of the large quantities of insects and vermin which resulted 
 from a decay of animal or vegetable matter, and to such an extent was this place 
 a breeder of insects, that ho says mosquitos, rarely heard of iu that vicinity 
 before, so filled the air " that it was dangerous for a man to open his mouth after 
 sundown." He speaks also of the multitude of fleas there, and says : 
 
 The fleas were as bad as mosquitos, and several weeks after the evacuation of the stockade 
 they emigrated and came up to the private houses in the vicinity, so that the occupants 
 had to leave on account of them. 
 
 When we remember the facts brought out in such bold relief by the elaborate 
 report of Dr. Jones, as to the effect of slight abrasions of the skin of man under 
 the peculiar condition of body, that most of these prisoners labored under, it 
 would seem to have been almost useless for them to have attempted to resist the 
 destroyer. Further along in the testimony Dr. Roy says : 
 
 This marshy place that I spoke of was just in rear of the hospital, and the winds, of course, 
 blew the odors from there across the hospital. 
 
 And it was not until late in the winter, if at all, that any attempt was made 
 to drain it. Still pursuing our inquiries in this direction, I desire to quote from 
 
TRIAL OF HENRY WIRZ. 739 
 
 a report made by Dr. G. S. Hopkins and Surgeon H. E. Watkins, addressed to 
 General Winder, and which was made pursuant to his suggestion, as embracing 
 in a concise form many of the causes of the disease and mortality at Ander- 
 gonville. 
 
 CAUSES OP DISEASE AND MORTALITY. 
 
 J. The large number of prisoners crowded together. 
 
 2. The entire absence of all vegetables and diet so necessary as a preventive of scurvy. 
 
 3. The vrant of barracks to shelter the prisoners from sun and rain. 
 
 4. Inadequate supply of wood and good water. 
 
 5. Badly cooked food. 
 
 6. The filthy condition of the prisoners and prison generally. 
 
 7. The morbific emanations from the branch or ravine passing through the prison, the con- 
 dition of which cannot be better explained than by naming it a morass of human excrement 
 and mud. 
 
 PREVENTIVE MEANS. 
 
 ). The removal immediately from the prison of not less than 15,000 prisoners. 
 
 2. Detail on parole of a sufficient number of prisoners to cultivate the necessary supply of 
 vegetables. And until this can be carried into practical operation, the appointment of agents 
 along the different lines of railroad to purchase and forward a supply. 
 
 ■3. The immediate erection of barracks to shelter the prisoners. 
 
 4. To furnish necessary quantity of wood, and have wells dug to supply the deficiency of 
 water. 
 
 5. Divide the prisoners into squads, place each squad under the charge of a sergeant, 
 famish the necessary quantity of soap, and hold those sergeants responsible for the personal 
 cleanliness of his squad; furnish the prisoners with clothing at the expense of the confederate 
 government, and if that government be unable to do so, candidly admit our inability and call 
 upon the federal government to furnish them. 
 
 6. By a daily inspection of bake-house and cooking. 
 
 7. Cover over with sand from the hill side, the entire morass, not less than six inches deep, 
 board the stream or water course, and confine the men to the use of the sinks, and make the 
 penilty for the disobedience of such orders severe. 
 
 I will not stop now to notice with what flippancy and recklessness the practi- 
 cal suggestions made by these surgeons were put aside and totally disregarded, 
 both by General Winder and by Chief Surgeon White. 
 
 I can hardly think that further proof, inasmuch as thej proof is already made 
 cumulative, from this class of witnesses is needed. There have been examined 
 with regard to the condition of the stockade and hospital over seventy witnesses, 
 and an examination of their testimony will, as I before stated, show a complete 
 and perfect concurrence. 
 
 We come now to the second class of testimony. We learn by a letter, dated 
 Macon, Georgia, May 5, and signed Howell Cobb, (see Extract No. 15,) that 
 pursuant to an order from the war department at Richmond that officer visited 
 Andersonvillc for the purpose of informing himself of the condition of the 
 prison. After saying — 
 
 I presume the character of the prison is well understood at Richmond, and therefore give 
 no description of it; 
 
 He remarks : 
 
 The prison is already too much crowded, and no additional prisoners should be sent there 
 imtil it can be enlarged. The effect of increasing the number within the present area must 
 be a terrific increase of sickness and deaths during the summer months. » * * * Idoubt 
 very much whether the water will be sufficient for the accommodation of the increased number 
 of prisoners. 
 
 Referring to the report of Dr. Eldridge, which he enclosed in his letter, and 
 speaking of the erection of hospital buildings outside the prison, he says : 
 
 Upon that point there cannot be two opinions among intelligent men. 
 
 Whatever may be said of the revulsion of feelings experienced by this dis- 
 tinguished rebel at a subsequent date, as appears from the testimony of James 
 Bumes Walker, it is certain that at this day, May 5, 1864, the approachmg 
 horrors of Andersonvillc were clearly visible to him and ought to have been to 
 
740 TEIAL OF HKNRY WIEZ. 
 
 the rebel war department, which it seems receivq^ this report on the 21st of the 
 same month. 
 
 On the 8th of May the prisoner wrote to Major Turner at Richmond, (see Ex- 
 tract No. 16) 
 
 The necessity of enlarging the stockade is unavoidable. 
 
 From the same report it appears that from the 1st of April up to the date of 
 the report, May 8, there had died 728 prisoners, nearly ten per cent, of the whole 
 in a little over one month. 
 
 Notwithstanding this protest and the fact of the over-crowded state of the 
 prison being brought home to the notice of the war department at Eichmond, 
 prisoners continued to arrive at Andersonville, until at the close of May the 
 journal kept by the commandant of the prison shows the total to liave been 
 19,201, of whom 711 died in that month. Still prisoners were hurried forward 
 to this sepulchre, imtil at the end of June the journal shows there were 27,641, of 
 whom 1,203 died in that month. It will be remembered that during these three 
 entire months the stockade remained at its original capacity, being an area of a 
 fraction less than seventeen acres. You will remember also that the dead-line 
 had previously to this time been established, diminishing this area by a strip 
 twenty feet wide running around the entire enclosure. This, with the uninhab- 
 itable portion of the swamp, left less rather than more than an acre of ground 
 to every 2,000 prisoners. What moi-e is needed to paint the horrors of this 
 place ? 
 
 In July, still referring to the journal, there were 33,443 prisoners, of whom 
 1,742 are reported died. By this time the stockade had been increased about 
 one-third, still leaving, however, to each pi-isoner a space of only one foot by 
 six. In this same month there seems to have been some correspondence between 
 the rebel adjutant general and General Winder, who was then on duty at Ander- 
 sonville. From a letter written by General Winder to Adjutant General Cooper, 
 dated July 21, (see Extract No. 17,) I extract the following: 
 
 You speak in your indorsement of placing the prisoners properly. I do not comprehend 
 what is intended by it. I know of but one place to place them, and that is to put them into 
 the stockade, where they have between four and five square yards to the man. This includes 
 streets and two acres of ground about the stream. 
 
 It will be observed that General Winder was very careful not to mention the 
 strip 20 feet wide cut off by the dead-line. 
 
 At the close of this month, from what motive we can only conjecture. Colonel 
 D. T. Chandler, of the rebel war department, was sent to inspect the prison at 
 Andersonville, and on the 5th of August, 1864, he made a full report. This 
 report is no stronger than others from which we have already quoted, but as it 
 is destined to figure extensively in this case at other points in the argument, 1 
 beg to make a few extracts from it. 
 
 He says : 
 
 A small stream passes from west to cast through the enclosure, furnishing the only water 
 for washing accessible to the prisoners. Some regiments of the guard, the bakery and the 
 cook-house being placed on rising ground bordering the stream before it enters the prison, 
 renders the water nearly unfit for use before it reaches the prisoners. » » » » 
 From 30 to 50 yards on each side of the stream the ground is a muddy marsh, totally untib 
 for occupation ; being constantly used as a sink since the prison was first established, it is 
 now in a shocking condition and cannot fail to breed pestilence. No shelter whatever nor 
 material for constructing any have been provided by the prison authorities, and the ground 
 being entirely bare of trees, none is within the reach of the prisoners. 
 
 Again : 
 
 The whole number of prisoners is divided into messes of 270 and subdivisions of 90 men, 
 each under a sergeant of their own number, and but one Confederate States officer. Captain 
 Wirz is assigned to the supervision and control of the whole. In consequence of these facts 
 and the absence of all regularity in the prison grounds and there being no barracks or tents, 
 there are and can be no regulations established for the police, consideration for the health, 
 
TRIAL OF HENRY WIRZ. 74 1 
 
 comfort, or sanitary condition of those within the enclosure, and none are practicable under 
 existing circumstances. ******* There is no medical attend- 
 ance furnished within the stockade. 
 He says further : 
 
 Many, 20 yesterday, are carted out daily who have died from unknown causes, and whom 
 themeclical officers have never seen. The dead are hauled daily by wagon loads and buried with- 
 out'coffing, their hands in many instances being first mutilated with an axe in the removal of 
 any finger rings they may have. The sanitary condition of the prisoners is as wretched as 
 can be, the principal causes of mortality being scurvy and chronic dian-hoaa, the percentage 
 of the former being disproportionately largo among those brought from Belle island. Noth- 
 ing seems to have been done, and but little if any effort made to arrest it by procuring proper 
 food. 
 
 Eaw rations have been issued to a very lar^e proportion who are entirely unprovided with 
 proper utensils and furnished with so limited a supply of fuel, they are compelled to dig with 
 their hands in the filthy marsh before mentioned i»r roots, &c. 
 
 Surgeon Isaiah H. White, chief surgeon at the prison , in a report to Colonel 
 Chandler, which was made an enclosure of his report to Richmond, says : 
 
 The lack of barrack accommodations exposes the men to the heat of the sun by day and 
 the dews by night, and is a prolific source of disease. 
 
 The point of exit of the stream through the wall of the stockade is not sufficiently bold as 
 to permit the free passage of ordure when the stream is swollen by rains. The lower portion 
 of this bottom land is overflowed by a solution of excrement, which subsiding and the sur- 
 face exposed to the sun produces a horrible stench. 
 
 EVIDENCE OF REBEL OFFICERS AND SOLDrERS. 
 
 I turn now to the testimony of the rebel officers and soldiers on duty at 
 Andersonville. 
 
 Colonel Alexander W. Persons, of the rebel army, the first commandant of 
 the post, who remained there until the latter part of May, says that after he was 
 reheved he returned there again and drew a bill for an injunction, and when 
 called upon to explain for what reason, replied : 
 
 ' To abate a nuisance ; the graveyard made it a nuisance, the prison generally was a nuisance 
 from the intolerable stench, the effluvia, the malaria that it gave up, and things of that sort. 
 
 The view here presented must strike the court as graphic indeed, when, with- 
 out regard to the question of humanity or inhumanity involved, persons living 
 in the vicinity of Andersonville could gravely begin a legal proceeding to abate 
 the prison as a nuisance on the ground mainly that the effluvia arising from it 
 was intolerable. 
 
 . Colonel George C. Gibbs, who afterwards commanded the post, gives evidence 
 on this point no less important. He was assigned to duty in October, 1864, and 
 although the number at that time was greatly diminished, he speaks of the pris- 
 oners being badly off for clothing and shelter and in other respects destitute. 
 
 Prior to this time, some time in July, he had visited the stockade, and he uses 
 this language in regard to its appearance then : 
 
 I rode around it on three sides, I think, and could see into it from the batteries that com- 
 manded it. I never saw so many men together in the same space before ; it had more the appear- 
 ance of an ant-hill than anything else I can compare it to. (Record, p. 84 ; manuscript, p. 16. ) 
 
 Nazareth Allen, a rebel soldier on duty at Andersonville during the summer 
 of 1864, fully corroborates these opinions, and further, in relation to the loca- 
 tion of troops above the stockade and its effects on the prisoners, says : 
 
 The cook-house was above the stockade, and a good deal of washing was done up the 
 branch ; consequently a good deal of filth went down ; some of the troops were encamped 
 on the stream above, on the side of the hii), and the rain would wash the filth of the camps 
 and sinks into the stream, which would carry ii through the stockade. I have seen the 'pris- 
 oners usine it when it was in this filthy condition. 
 
 »°» * » * * * 
 
 •The stench was very bad. I have smelt it when I was at our picket camp, about a mile 
 iaa straight line. It was so bad that it kept me sick pretty near all the time 1 was round 
 the stockade. The soldiers preferred picket duty to sentry duty on that account. 
 
742 TRIAL OF HENKY WIEZ. 
 
 William Williams Dillard, another rebel soldier on duty at the same time, fully 
 confirms this. He was on duty both on parapet and on picket and had oppor- 
 tunity of observation. In reply to a question as to the condition of the stock- 
 ade, he says : 
 
 It was as nasty as a place could be. On one occasion I saw a man lying there who had 
 not clothes enough on him to hide his nakedness; his hip-bones were worn away ; he had. 
 put up two sticks and fastened his coat over them to keep the sun off his face. There were 
 a good many lying down sick and others waiting on them. The crowded state of the men 
 and the filthiness of the place created a very bad odor. I have smelt it at the depot about a 
 mile from the stockade. (Record, p. 801 ; manuscript, p. 327.) 
 
 Again he says : 
 
 The stream that passed through the stockade ran down between the Ist and 2d Georgia 
 regiments and Finlon's battalion, and passed the bake-house ; all the washings from the 
 b^e-house went right through the stockade, and also the washings from the camps. The 
 pits used by the men were.not five steps from the stream. Sometimes, when it was rainy, it 
 was thick with mud and filth from the drainings of the camps inside the stockade. (Record, 
 p. 801 ; manuscript, p. 330. ) 
 
 Calvin Honeycutt, another rebel soldier on duty from April, 1864, to April, 
 18C5, who was on duty at the stockade and also on picket, corroborates the tes- 
 timony of his comrades. 
 
 James Mohan, a rebel private, afterwards made a lieutenant, who was on duty 
 at Andersonville for about five months during the summer of 1864, gives simi- 
 lar testimony ; and John F. Heath, regimental commissary with the rank of 
 captain, on duty from May till October, 1864, fully confirms the testimony on 
 this point already given. 
 
 EVIDENCE OF RESIDENTS OF GEORGIA. 
 
 Samuel Hall a prominent gentleman residing in Macon, Georgia, whose sym- 
 pathies, he tells us, were from the beginning with the rebellion, and who held a 
 high civil official position, say's : 
 
 When first I saw it, (the prison,) in the month of August, it was literally crammed and 
 packed ; there was scarcely room for locomotion ; it was destitute of shelter as well as I could 
 judge, and at that time there was great mortality among the prisoners. (Record, p. 864 ; 
 manuscript, 352.) 
 
 Kev. William John Hamilton also gives important testimony as to the con- 
 dition of the stockade, which he visited in the capacity of a priest. He was 
 there in May and at different periods subsequently. He says : 
 
 I found the stockade extremely crowded, with a great deal of sickness and suffering 
 among the men. I was kept so busy administering the sacraments to the dying that I had 
 to curtail a great deal 'of the seiTice that Catholic priests administer to the dying, they died 
 so fast. I waited only upon those of our own church and do not include others among the 
 dying. 
 
 The stockade was extremely filthy, the men all huddled together and covered with vermin. 
 The best idea I can give to the court of the condition of the place is, perhaps, this : I went 
 in there with a white linen coat on, and I had not been in there more than ten minutes or a 
 quarter of an hour, when a gentleman drew my attention to the condition of my coat ; it was 
 all covered over with vermin, and I had to take my coat off and leave it with one of the guards, 
 and perform my duties in my shirt sleeves, the place was so filthy. (Record, p. 1969; man-, 
 uscript, p. 870. ) 
 
 Again, giving an illustration of the sufferings of the prisoners, and especially 
 the effect of the intense heat of the sun, he says : 
 
 I found a boy not more than 36 years old, who camo to me for spiritual comfort, without 
 jacket or coat or any covering on his feet, suffering very much from a wound in his right 
 foot. The foot was split open like an oyster, and on inquiring the cause I was told it was 
 from exposure to the sun in the stockade and not from any wound received in battle. 
 
 On returning to the stockade a week afterwards I learned that ho had stepped across the 
 dead-line and requested (he guard to shoot him. 
 
 He had no medical treatment, nor hadany others, so far as I could see, to whom I admin- 
 istered the sacrament in the stockade. 
 
TRIAL OF HENRY WIEZ. 743 
 
 Again he says : 
 
 On iny second visit, I was told there was an Irishman at the extreme end of the stockade 
 ■wlio' was calling out for a priest. 
 
 * ' * * # f n * # 
 
 I tried to cross the branch to reach him, but was unable to do so, as the men were al\, 
 crowding around there trying to get into the water to cool themselves and wash themselves, 
 and I had to leave the stockade without seeing the man. 
 
 The heat was intolerable. There was no air at all in the stockade. The logs of which 
 the stockade was composed were so close together that I could not feel any fresh air inside ; 
 and with a strong sun beaming down upon it and no shelter at all, of course the heat must 
 have been Insufferable ; at least I felt it so. 
 
 The priests who went there after me, while administering the sacrament to the dying, had 
 to use au umbrella ; the heat was so intense. (Record, p. J981 ; manuscript, p. 870.) 
 
 Ambrose Spencer, a gentleman of prominence in his State, residing near Ander- 
 sbnville during the war and a frequent visitor to that place, gives us a graphic 
 picture of the prison, vi^hich I cannot refrain from quoting. He says : 
 
 I had frequent opportunity of seeing the condition of the prisoners, not only from the 
 adjacent hills, but on several occasions from the outside of the stockade where the sentinel's 
 grounds were. 
 
 And in reply to a question asking him to describe the condition of the prison, 
 he says : 
 
 I can only answer the question by saying that their condition was as wretched and as 
 horrible as could well be conceived, not only from the exposure to the sun, the inclemency 
 of the weather, and the cold of winter, but from the filth, from the absolute degradation 
 which was evident in their condition. 
 
 I have seen that stockade after three or four days' rain, when the mud, I should think, 
 was at least 12 inches deep. The prisoners were walking in or walking through that mud. 
 
 The.condition of the stockade can perhaps be expressed most accurately by sayiug that 
 in passing up and down the railroad, if the wind was favorable, the odor of the stockade 
 could be detected at least two miles. (Record, p. 2455 ; manuscript, p. 1049.) 
 
 There are others of this class who testify upon this point, but it would seem 
 useless to give further extracts. 
 
 EVIDENCE OF 0NIO.\ PRISONERS. 
 
 We come now to the fifth and last class of testimony upon this point. This 
 embraces the experiences and personal observations of the soldiers of the Union 
 who were themselves sufferers. 
 
 I will not allow an inference t.o be drawn that these witnesses are not to 
 be believed by attempting a defence of their credibility. With two exceptions 
 in persons and a few in the details of immaterial facts, I believe this evidence 
 will bear the closest scrutiny. With regard to the subject now being exam- 
 ined, viz : the condition of the stockade and the hospital, gentlemen of the 
 highest intelligence and professional attainments have told you upon the stand 
 that it is indescribable, and I cannot therefore doubt the strongest coloring given 
 by these injured men, many of whom exhibited to the court evidences of their 
 sufferino's, when they undertake to add their personal experience to the testimony 
 of science. If a score of these men had come upon the stand unsupported, with 
 feelings imbittered against their captors, and given their tales of honor, the world 
 might well doubt ; but when they come from all arms of the service, from all parts 
 of the country, and without collusion and in numbers overwhelming, and are 
 not only not contradicted in any material fact, but are supported by concurrent 
 testimony from all sources, their evidence is entitled to the highest credence. 
 Let no man ever say that Andersonville was overdrawn by these men. I hope 
 it will not be considered out of place, though it may not constitute a material 
 part of the argument, to give a complete list of these sufferers who have testifaed : 
 
 Maior Arrhibald Bosrle, 35th United States colored troops ; A. N. Barrows, hospital steward 
 
 . 27SLi"hus:lrs vofarJteers; Robert H. Kellogg serge\nt major, l^tb Connect.cut vo u„. 
 
 teers -, Thomas Alcoke. 72d Ohio volunteers ; Boston Corbett, ?^«.^eant 16th New Yoikcav. 
 
 airy; Samuel D. Brown, 101st Pennsylvama volunteers ; Jacob D. Brown, 101st Pennsyl- 
 
744 TRIAL OF HENRY WIRZ. 
 
 vania volunteers ; Martin E. Hogan, 1 st Indiana cavalry ; Joseph D. Keyser, hospital fsteward 
 120th Now York volunteers ; Andrew J- Spring, 16th Connecticut volunteers ; O. S. Belcher, 
 16th Illinois cavalry ; James H. Davidson, 4th Iowa cavalry ; Thomas Hale, United States 
 marine corps f James Clancey, 48th New York volunteers ; Oliver H. Fairbanks, 9th New 
 York cavalry ; J. Nelson Clark, 7th Pennsylvania reserves ; P. Vincent Halley, 72d New 
 York volunteers ; Edward J. Kellogg, 20th New York volunteers ; Joseph R. Archuff, 24th 
 Ohio volunteers ; Daniel W. Bussinger, 10th Pennsylvania reserves ; Horatio B. Terrell, 
 72d Ohio volunteers ; Robert UUerton, 97th Pennsylvania volunteers ; Frank Maddox, 35th 
 United States colored troops ; Joseph Alden, 2d Massachusetts volunteers ; William H. 
 Jennings, 8th United States colored troops; Thomas N. Nay, 1st Ohio volunteers; Doren 
 H. Stearnes, 1st United States sharpshooters; Alexander Kennel, 7th Ohio cavalry; Wil- 
 liam Willis Scott, 6th West Virginia cavalry; L. S. Pond, 2d New York heavy artillery; 
 Abner A. Kellogg, 40th Ohio volunteers ; Sidney Smith, 14th Connecticut volunteers ; 
 Gottfried Brunner, 14th Connecticut volunteers ; Thomas H. Howe, 1 02d New York vol- 
 unteers ; Barnard CoUigan, 2d Ohio volunteers ; John W. Case, 47th New York volunteers ; 
 Charles F. Williams, 1st New Jersey cavalry; Prepcott Tracey, 8'2d New York volunteers ; 
 William Crouse, 7th Pennsylvania reserves ; John Pasque, cockswain United States navy ; 
 James E. Marshall, 42d New Y'ork volunteers ;' N. W. Crandall, 4th Iowa volunteers ; Willis 
 Van Buren, 2d New York cavalry ; Patrick Bradley, 2d Massachusetts volunteers ; John 
 Fisher, 8th United States colored troops ; Henry C. SuU, 146th New York volunteers ; Felix 
 O. De la Baume, 39th New York volunteers ; John H. Goldsmith, sergeant major 14th and 
 15th Illinois volunteers, (consolidated;) Jasper Culver, 1st Wisconsin volunteers ; John L. ■ 
 Yonker, 12th United States infantry ; James P. Stone, 2d Vermont volunteers ; George Con- 
 way, 3d New York artillery; D. S. Orcutt, 11 th Pennsylvania cavalry; Williams Bull, 
 Mean's independent Loudon Rangers, Virginia volunteers, (loyal;) James H. Bums, JOth 
 Connecticut volunteers ; A. G. Blain, ]22d New York volunteers; Charles H. Russell, Ist 
 Wisconsin cavalry ; Bernard O'Hare, 6th New York Cavaliy ; J. Burnes Walker, 14l8t 
 Pennsylvania volunteers ; Hugh R. Snee, 39th Illinois volunteers ; Samuel M. Riker, 8tb 
 New Jersey volunteers ; Charles E. Smith, 4lh United States cavalry ; Thomas Walsh, 74th 
 New York volunteers ; Captain Wilson French, 17th Connecticut volunteers; J. E. Alden, 
 4th Vermont volunteers ; Robert Tait, 52d Pennsylvania volunteers ; Samuel J. M. Andrews, 
 17th Illinois volunteers ; William B. Francis, 75th Ohio volunteers ; John A. Cain, Cah- 
 fornia cavalry battalion ; Louis Deyer, 12th United States colored troops ; George W. Gray, 
 7th Indiana cavalry ; Frederick W. Hille, 2d Delaware volunteers; Benjamin F. Dilley, 
 54th Pennsvlvania volunteers. 
 
 It is not my purpose in tins connection to enter into a detail of the sufferings* 
 the acts of cruelty inflicted, and the inhuman treatment they received, or to 
 inquire by whom these things were done. Reserving that for its proper place 
 in the argument, I shall simply refer to this testimony to assist us in ascer- 
 taining more certainly the horrors to which these brave men were subjected. 
 
 Dr. A. W. Barrows, hospital steward of the 27th Massachusetts regiment, and 
 acting assistant post surgeon at Plymouth, North Carolina, arrived at Ander 
 sonville on the 28th of May, and remained there six months ; owing to his 
 knowledge of medicine, and efficienc}', he was paroled by the prisoner and 
 assigned to duty in the hospital. His testimony is important as showing the 
 condition of the hospital, mainly, but he has also given some material evidence 
 with regard to the stockade, and from it 1 make the following extract : 
 
 I remember when there have been as many as from 75 to 100 who died during the day 
 in the stockade, and who were never taken to the hospital ; that was in the month of August. 
 
 Robert H. Kellogg entered the prison on the 3d of May, 1864, and remained 
 there until the following September ; he says : 
 
 We found the men in the stockade ragged, nearly destitute ofclothing, totally unprovided 
 with shelter, except that which tatteredlilankets could aflford ; they looked nearly starved ; 
 they were mere skeletons covered with skin : the prison seemed very crowded to us, although 
 there were thousands brought there after that. » » » They were in a very filthy 
 condition ; indeed there were but two issues of soap made to the prison while 1 was there. 
 * * * When we first went there the nights were very cold. That soon 
 
 passed away as the season advanced, and during the summer it was intensely hot. There 
 were 21 rainy days in the month of June. Our supply of fuel was not regular nor sufficient. 
 We were allowed to go several times, under guard, six men from a squad of 90, to bring in 
 what we could find in the woods on our shoulders ; but the greater part of the time we had 
 to rely upon our supply of roots we dug out of the ground, or grabbed for in the swamps- 
 pitch pine roots. » » • Rations were issued raw many times without fuel to cook them. 
 The squad of 90 of which I was sergeant went from the 30th of June to the 30th of August 
 without any issueof wood from the authorities. (Record, p. 361, 362; manuscript, p. 134-138.) 
 
TRIAL OF HENRY WIRZ. 745 
 
 'Again he says : 
 
 The quality of the rations was very poor ; the quantity greatly varied. There were days 
 when we got nothing at all ; I made a note ot at least two such days. * * There 
 were other days when we got but very little ; other days enough, such as it was. When my 
 regiment went there the men were healthy, they gradually sickened, until I remember one 
 morning at roll-call out of my 90 there were 32 who were not able to stand up. This resulted 
 principally from scurvy and diarrhoea. This was on the 21st of August ; a number of the 
 men of iny squad having died up to that time. The mass of the men had to depend on the 
 Ufook for their water ; it at many times was exceedingly filthy ; I have seen it completely 
 Cpvered with floating grease, and dirt, and offal. After the prisoners had been there some 
 time they dug some wells, and there were some springs along the south side of the prison, on 
 the edge of the hill by the swamp, but the supply from that source was entirely inadequate. 
 * * * They supplied the wants of a few. * « * « ot 
 
 the 400 men captured with me more than 300 are dead ; they died in prison or a few days 
 after being paroled ; and that is a larger percentage of living than there is in many regiments . 
 The 24th New York battery, which was captured at Plymouth, was nearly annihilated. 
 (Record, p. 367 ; manuscript, pp. 134 and 139.) 
 
 This is the simple, unvarnished narrative of perhaps as intelligent a witness as 
 Las been upon the stand. He has written a book entitled " Life and Death 
 ia Southern Prisons," which has been used extensively by counsel for the 
 accused. 
 
 I do not want to burden the record with a recapitulation of all that these wit- 
 nesses have testified to, but I thinh it can be safely said that not one word of 
 liobert H. Kellogg's testimony has been or can be disproved. There are many 
 of his comrades who fully confirm him, without adding any special facts that 
 would tend to elucidate this point. These I shall omit in this connection. 
 There are others, however, who give additional facts bearing on this subject, and 
 I beg your indulgence while I refer to them. 
 
 Boston Corbett's testimony brings out some facts to which 1 will first call 
 your attention. Speaking of the heat, he says : 
 
 It was so great that I have the marks upon my shoulders yet. ( Record, p. 425 ; manuscript^ 
 p. 166.) 
 
 Of the brook and the swamps bordering it, he says : 
 
 It was a living mass of putrefaction and filth ; there were maggots there a foot deep ; any 
 time we turned over the soil we could see the maggots in a living mass ; I have seen the 
 soldiers wading through it, digging for roots to use for fuel. I have seen, around the swamp, 
 the sick in great numbers, lying pretty much as soldiers lie when they are down to rest iu 
 line after a march. In the morning 1 could see those who had died during the night, and 
 in the daytime I could see them exposed to the heat of the sun, with their feet swelled to an 
 enormous size ; in many cases large gangrene sores filled with maggots and flies which they 
 were unable to keep off. I have seen men lying there in a state of utter destitution, not able 
 to help themselves, lying in their own filth. They generally chose that place, (near the 
 swamp, ) those who were most offensive, because others would drive them away, not wanting 
 Jo be near those who had such bad sores. They chose it because of its being so near to the 
 sinks. In one case a man died there, I am satisfied, from the effects of lice. When the 
 clothes were taken off his body, the lice seemed as thick as the garment — a living mass. 
 
 Again : 
 
 The water in the stockade was often very filthy ; sometimes it was middling clear. At 
 times I would goto those who had wells dug ; sometimes they would give me a drink, some- 
 times they would not ; they used such rough language to me that I turned away parched 
 with thirst and drank water from the stream rather than beg it from the men who had wells. 
 (Record, p. 437 ; manuscript, p. 165. ) 
 
 Again : 
 
 The minds of the prisoners were, in many cases, so affected that the prisoners became 
 idiotic. (Record, p, 439; manuscript, 152.) 
 
 On page 452 of the record, (manuscript, p. 172,) he says : 
 
 I have taken food, given me to eat, to the stream and washed the maggots from it. I have 
 seen them in the sores of soldiers there, and I have seen them in such a way that it is hardly 
 fit to describe in this court. 
 
 Too horrible for belief as this may seem to be, it stands confirmed by at least 
 50 witnesses. 
 
746 TEIAL OF HENRY WIEZ. 
 
 Martin E. Hogan is a witness •whom the court will remember as among the 
 more intelligent, and at the same time truthful and candid. His observations 
 were confined mainly to the hospital, but I feel impelled to make a brief extract 
 from his testimony in regard to the stockade. He says : 
 
 At tlie time of my arrival there (speaking of the stockade) it was very much crowded, so 
 much so that you could scarcely elbow your way through the crowd in any part of the camp. 
 I noticed a great many men lying helpless on the ground, seemingly without care, without 
 anybody to attend to them, lying in their own filth ; a great many of them calling for water, 
 SI gre^t many ciying for food ; nobody apparently paying any heed to them ; others almost 
 entirely destitute of clothing, so numerous that I could not begin to say how many. (Record,' 
 p. 575; manuscript, p. 210.) 
 
 Then follows testimony similar to that of Boston Oorbett, in regard to the 
 sw.imp and the vermin in it. 
 
 Andrew J. Spring, who went to Andersonville in May, 1864, says, that upon 
 entering the stockade, " I found the prisoners destitute of clothing ; I could not 
 tell in many cases whether they were white men or negroes." 
 
 On the 29th of the same month he was detailed for duty outside. After being 
 outside the stockade about six weeks, he says : 
 
 I applied to the lieutenant of the guard at the gate, and gave him $12 in greenbacks to let 
 me go in and stay an hour to see our boys ; I went in and spent an hoar Inside the stockade ; 
 a great many of the boys were very poor ; there were some of my own best friends whom I 
 could not recognize till they came and shook bands with me, and made themselves known ; 
 even then I could hardly believe they were the same men. I have seen men, acquaintances 
 of mine, who would go around there not knowing anything at all ; hardly noticing anything, 
 I have seen men crippled up so that they had scarcely any life in them at all ; they would 
 lie on the ground, to all appearances dead ; I went up to several who I thought were dead, 
 but I found they had a little life in them. 
 
 James H. Davidson, (Record, p. 936 J; manuscript, p. 386,) speaking of the 
 condition of the stockade, says : 
 
 I have seen men who had the appearance of being starved to death ; I have seen men pick 
 up and eat undigested food that nad passed through other men, all through the camp ; it 
 came from men who were not able to go to the slough, and they would find it all through the 
 camp. 
 
 This, it will be remembered, is testified to by very many. 
 Dan. W. Bussinger says : 
 
 I have seen men eat undigested food that had passed through other men ; they would wash 
 it and eat it; pick it up from the sinks. (Record, p. 1125; manuscript, p. 490.) 
 
 Without referring to names or going into particulars it may be stated that 
 other witnesses testify to the prisoners watching for the bodies of the deail, for 
 the privilege of carrying them out, that they might be allowed to retui'n with 
 wood. One witness says there was a scramble for this privilege. Others testify 
 that they paid at the rate of a dollar for a stick of wood three inches in diameter 
 and two feet long ; and the witnesses of this class testify uniformly not only to 
 the lack of quantity in the rations, but to their bad quality, and to the fact that 
 very often they were stopped altogether. 
 
 CONDITION OF THE HOSPITAL. 
 
 It is not proposed to enter as fully into the condition of the hospital as might 
 be done from the reports and evidence before us ; sufficient will be given, however, 
 to warrant the conclusion that it was very little better than that of the stockade 
 itself, and in view of the discrimination which the surgeons were directed to 
 make in the admission of men from the stockade, into the hospital, we can readily 
 understand why the prisoners almost uniformly bade their comrades farewell 
 when they were taken from the stockade to the hospital. The evidence which 
 I shall bring to your recollection will also justify the remark made by one of 
 the surgeons, who says that it was really no hospital. 
 
 Here also we have recourse to the official i-eport of Dr. Joseph Jones, in which. 
 
TRIAL OF HENRY WIRZ. 747 
 
 we find his reniaiks upon the condition of the liospital quite as lucid and elaborate 
 aa those in reference to the stockade. 
 
 After speaking of the stream running through one corner of the hospital 
 stockade, and stating that its upper portion was used for washing by the patients, 
 and the lower portion as a sink, he remarks : 
 
 This partof the stream is a semi-fluid mass of human excrement, and offal, and filth of all 
 kinds. This immense cess-pool, fermentinff beneath the hot suu, emitted an overpowering 
 stench. » * » » North of the hospital grounds the stream which 
 
 flows through the stockade pursues its sluggish and filthy course. The exhalations from the 
 swamp, which is loaded with the excrement of the prisoners confined in the stockade, exert 
 their deleterious influences on the inmates of the hospital. 
 
 Within the hospital enclosure, less tlian five acres, he says : 
 
 The patioBts and attendants, near 2,000, are crowded, and are but poorly supplied with old 
 
 and ragged tents ; a large number are without any bunks in the tents, and lay upon the 
 
 ground, oftentimes without even a blanket. No beds or straw appear to have been furnished. 
 
 The tents extended to within a few yards of the small stream, which , as he before 
 
 observed, was used as a privy, and loaded with excrement. 
 
 lobserved (he says) a large pile of corn-bread, bones, and filth of all kinds, 30 feet iri diame- 
 ter and several feet in height, swarming with myriads of flies, in a vacant space near the 
 pots used for cooking. Millions of flies swarmed over everything and covered the faces of 
 the sleeping patients, crawled down their open mouths, and deposited their maggots upon the 
 gangrenous wounds of the living and the mouths of the dead. 
 
 Mosquitos in great numbers also infested the tents, and many of the patients were so 
 stung by these pestiferous insects that they resembled those suffering with a slight attack 
 of the measles. 
 
 The police and hygiene of the hospital was defective in the extreme. (Record, pp. 43.50-'51 ; 
 manuscript, p. 17^1.) 
 
 Again : 
 
 Many of the sick were literally incrusted with dirt and filth, and covered with vermin. 
 When a gangrene wound needed washing the limb was thrust out a little from the blanket, 
 or board, or rags upon which the patient was lying, and water poured over it, and all the 
 putrescent matter allowed to soak into the ground floor of the tent. « « » 
 
 I saw the most filthy rags, which had been applied several times and imperfectly washed, 
 used in dressing recent wounds. 
 
 Where hospital gangrene was prevailing it was impossible for any wounds to escape con- 
 tagion under the circumstances. (Record, p. 4354.) 
 
 Of the treatment of the dead he says : 
 
 The manner of disposing of the dead is also calculated to depress the already despondent 
 spirits of these men. » » » rj^jg dead-house is merely a frame, covered 
 
 with old tent cloth and a few brushes, situated in the southwestern corner of the hospital 
 grounds. When a patient dies he is simply laid in the narrow street iu front of his tent, 
 until he is removed by the federal negroes detailed to carry off the dead. If the patient die 
 during the night, he lies there nntil morning ; and during the day the dead were frequently 
 allowed to remain for hours in these walks. In the dead-house the corpses lay on the bare 
 ground, and were in most cases covered with filth and vermin. (Record, p. 4355 ; manuscript, 
 p. 1721.) 
 
 Further on he says : 
 
 The cooking arrangements are of the most defective character. Two large iron pots, 
 similar to those used for boiling sugar-cane, appeared to be the only cooking utensils furnished 
 by the hospital for the cooking of near 2,000 men, and the patients were dependent in a great 
 measure on their own miserable utensils. » » * * 
 
 The air of the tents was foul and disagreeable in the extreme, and in fact the entire grounjls 
 emitted a most noxious and disgusting smell. I entered nearly all the tents and carefully 
 examined the cases of interest, especially the cases of gangrene, during the prosecution of 
 my pathological inquiries at Andersonville, and therefore enjoyed every opportunity to judge 
 correctly of the hygiene and police of the hospital. (Record, p. 4357; manuscript, p. 1721.) 
 
 To show that this frightful condition of affairs did not cease after a great por- 
 tion of the prisoners were removed. Dr. Jones observes : 
 
 The ratio of mortality coutinued to increase during September, for, notwithstanding the 
 removal of half the entire number of prisoners during the early portion of the month. 1,757 
 deaths were registered from September 1st to the 21st, and the largest number of deaths 
 upon any one day occurred during this month, on the 16tb, viz., 119. 
 
748 TRIAL OF HENRY WIRZ. 
 
 Afterwards, remarking upon the causes of the great mortality among the federal 
 prisoners, he says : 
 
 The chief causes of death were scurvy and its results, bowel affections, and chronic and 
 acute diarrhoea, and dysentery. The bowol affections appear to have been due to the diet 
 and habits of the patients ; the depressed, dejected state of the neiTous system and moral and 
 intellectual powers and to the effluvia arising from decomposed animal and vegetable filth. 
 (Record, p. 4372; manuscript, p. 1721.) 
 
 He also says : 
 
 Almost every amputation was followed finally by death, either from the effects of gangrene, 
 or from the prevailing diarrhoea and dysentery. » » • » ' 
 
 So far as my observation extended, very few of the cases of amputation for gangrene recov- 
 ered. (Record, p. 4378; manuscript, p. 1721.) 
 
 The evidence of Dr. John C. Bates is important, as showing the condition of 
 the hospital. Ho was a rebel surgeon on duty at Andersonville from the middle 
 of September, 1864, to the last of March, 1865, embracing a period when it U 
 claimed the sufferings w^ere much lighter than they had been. This, we have 
 already seen by Dr. Jones's report, was not true, even after those of the pris- 
 oners had been sent away, and we shall see from the testimony of Dr. Bates 
 that it is wholly incorrect. He says : 
 
 Upon going to the ward to which I was assigned, I was shocked at the appearance of 
 things. The men were lying partially nude, and dying and lousy ; a portion of them in the 
 sand, and others upon boards which had been stuck upon little props, pretty well crowded; 
 a majority of them in small tents. *»«»»»» 
 
 I would go to the other parts of the hospital when officer of the day; the men would gather 
 around me, and ask for a bone. I would give them whatever I could find at my disposition 
 without robbing others. I well knew that an appropriation of one ration took it from the 
 general issue ; that when I appropriated an extra ration to one man, some one else would 
 fall minus. I then fell back upon the distribution of bones ; they did not presume to ask me 
 for meat at all. So far as rations are concerned, that is the way matters went along for some 
 time after I went there. * * * * # * » 
 
 They could not be furnished with any clothing, except the clothing of the dead, which was 
 generally appropriated to the living. There was a partial supply ot fuel, but not sufficient 
 to keep the men warm and prolong their existence. 
 
 As medical officer of the day, I made examinations beyond my own ward, and reported 
 the condition. As a general thing the patients were destitute, filthy, and partly naked. The 
 clamor all the while was for something to eat. (Record, p 125; manuscript, p. 28.) 
 
 Dr. Gr. G. Roy, whose testimony was before referred to, in speaking of the 
 hospital, says: 
 
 I found it in a very deplorable condition. There was no comfort attached to it whatever. 
 Many of the tents were badly worn, torn, and rotten, and of course permitted the water to 
 leak through. The patients were not furnished with bunks or bedding, or bod-clothing, or 
 anything of that kind. (Record, p. 480 ; manuscript, p. 192.) 
 
 He speaks, as did all the other medical officers on duty there, of the great 
 dearth of medicines ; but also coucurs with most of them in the opinion that 
 medicine was not so much needed as proper diet, and he confirms generally the 
 description given by Dr. Jones. 
 
 On the 26th day of September, Dr. Amos Thornburg, assistant surgeon, in a 
 report to Dr. Stevenson, the surgeon in charge, (see Ex. No. 30, manuscript, 
 p. 989,) calls special attention to the very bad sanitary condition of the hospital. 
 He reports, " that the patients are lying on the cold ground, without bedding or 
 blankets ; also, that we have a very scanty supply of medicines, and that the 
 rations are not of the proper kind, and not issued in proper quantity." 
 
 On the 5th of September Dr. J. 0. Pelut, in an official report directed to the 
 chief of his division, (see Ex. No. 9 ; manuscript, p. 57,) says: 
 
 The tents aro entirely destitute of either bunks, bedding, or straw, the patients being com- 
 pelled to lie on the bare ground. I earnestly call your attention to the article of diet. The 
 corn-bread received from the bakery, being made up without sifting, is wholly unfit for the 
 use of tjie sick, and often, as within the last twenty-four hours, the inner portion is found to 
 be perfectly raw. The meat received for the patients does not amount to over two ounces 
 per day ; and for the past three or four days no flour has been Issued. The corn-bread can- 
 not be eaten by many, for to do so would be to increase the diseases of the bowels, from which 
 a large majority of them are suffering, and it is therefore thrown away. AH these men 
 
TRIAL OF HENRY WIRZ 749 
 
 receive, by way of susteuauce, is two ounces of boiled beef and half a pint of rice soup per 
 day. Under these circumstances, all the skill that can be brought to bear upon their cases 
 by the medical officers will avail nothing. We have but little more than indigenous barks 
 and roots with which to treat the numerous forms of disease to which our attention is daily 
 called. For the treatment of wounds, ulcers, and so forth, we have literally nothing except 
 ivater. Our wards, some of them, are iilled with gangrene, and we are compelled to fold our 
 arms, and look quietly on its ravages, not even having stimulants to sapp'ort the system 
 under its depressing influence. 
 
 Similar testimony is given by Doctors Rice, Head, Flewellen, and others of 
 the medical corps on duty at Andersonville. This picture of human suffering 
 might be intensified and presented iti different phases, if we were to resort to 
 the testimony of soldiers on duty in the hospital, and those who were patients 
 there; but nothing can add to the truthfulness of the facts stated, as we have 
 shown in ihe official reports made at the time, and made for no other purpose 
 than to call the attention of the proper officers to the facts. Hence, 1 do not 
 deem it necessary to enlarge further on this branch of the subject. 
 
 THE CHARGE OK COXSPIRACV. 
 
 We come now to a consideration of the third branch of the subject. Having 
 presented a faithful representation — faithful because the witnesses • have given 
 it^of the condition of the stockade and the hospital, we shall proceed to unfold 
 the extent of the conspiracy, the purposes the conspirators, and the cruel and 
 devilish means resorted to to accomplish their ends. 
 
 I confess to you, gentlemen, that I enter upon this branch of the argument 
 with regret and reluctance. I confess that, to a greater or less extent, our nation- 
 ality, and the good name we bear, are involved in the issue; but I do not fear 
 to present to the world, on this account, this great conspiracy of treason, this 
 confederation of traitors, though it shock the moral sentiment of the universe; 
 for, however much we may deplore the fact that its head and front were Ameri- 
 cans, once prominent in the councils of the nation, they have forfeited all rights, 
 they have ceased in any way to represent the true spirit of Americanism ; they 
 are outlaws and criminals, and cannot by their crimes taint our fair escutcheon. 
 It is the work of treason, the legitimate result of that sum of all villanies, and 
 which, by many, very many, proofs during the past four years, has shown itself 
 capable of this last one developed. When we remember that the men here 
 charged, and those inculpated, but not named in the indictment, are some of 
 them men who were at the head of the late rebellion, from its beginning to its 
 dose, and as such chiefs, sanctioned the brutal conduct of their soldiers as early 
 as the first battle of Bull Run ; who perpetrated unheard-of cruelties at Libby 
 and Belle Isle; who encouraged the most atrocious propositions of retaliation in 
 their congress ; who sanctioned a guerilla mode of warfare ; who instilled a 
 system of steamboat burning and firing of cities ; who employed a surgeon in 
 their service to steal into our capital city infected clothing ; who approved the 
 criminal treatment of the captured prisoners at Fort Pillow, Fort Washington, 
 and elsewhere; who were guilty of the basest treachery in sending paroled 
 prisoners into the field ; who planted torpedoes in the paths of our soldiers ; who 
 paid their emissaries for loading shell in the shape of coal, and intermixing them 
 in the fuel of our steamers ; who ordered an indiscriminate firing upon our trans- 
 ports and vessels and railroad trains, regardless of whom they contained ; who 
 organized and carried to a successful termination a most diabolical conspiracy to 
 assassinate the President of the United States — when we remember these things 
 of these men, may we not without hesitancy bring to light the conspiracy here 
 charged? 
 
 Before entering, however, into a discussion of the evidence, let me present the 
 law governing in cases of conspiracy. I quote from the very able arguinent of 
 'John A. Bingham, delivered for the prosecution in the trial of the conspirators 
 
750 TKIAL OF HENRY WIRZ. 
 
 for the assassination of President Lincoln, whose law propositions and authorities 
 given cannot be gainsaid : 
 
 If the cocspiraoy be established as laid, it results that whatever was said or done by either 
 of the parties thereto, in the furtherance or execution of tho common design, is the declaration 
 or act of all tho other parties to the conspiracy ; and this, whether the other parties, at the 
 time such words were uttered, or such acts done by their confederates, were present or 
 absent. 
 
 The declared and accepted rule of law in cases of conspiracy is that — 
 
 "In prosecutions for conspiracy it is an established rule that where several persons are 
 proved to have combined together for the same illegal purpose, any act done by one of the 
 party, in pursuance of the original concerted plan, and in reference to the common object, is 
 in the contemplation of law, as well as of sound reason, the act of the whole party; and 
 therefore the proof of the act will be evidence against any of the others who were engaged in 
 the same general conspiracy, without regard to the question whether the prisoner is proved 
 to have been concerned in the particular transaction." (Phillips on Evidence, p. 210.) 
 
 The same rule obtains in cases of treason: "If several persons agree to levy war, some in 
 one place and some in another, and one party do actually appear in arms, this is a levying 
 of war by all, as well those who were not in arms as those who were, if it were done in pur- 
 suance of the original concert, for those who made the attempt were emboldened by the confi- 
 dence inspired by the general concert, and therefore these particular acts are in justice imputa- 
 ble to all the rest.'' (1 East., Pleas of the Crown., p. 97; Roscoe, 84.) 
 
 In ex parte BoUman and Swartwout, 4 Cranch, ]26, Marshal, Chief Justice, rules: "If 
 war be actually levied, that is, if a body of men be actually assembled for the purpose of 
 effecting, by force, a treasonable purpose, all those who perform any part, however minute, 
 or however remote from the scene of action, and who are actually leagued in the general con- 
 spiracy, are to be considered as traitors." 
 
 In United State vs. Cole et at., 5 McLean. 601, Mr. Justice McLean says: 
 'A conspiracy is rarely, if ever, proved by positive testimony. When a crime of high mag- 
 nitude is about to be perpetrated by a combination of individuals, they do not act openly, 
 but covertly and secretly. The purpose formed is known only to those who enter into it ; 
 unless one of the original conspirators betray his companions, and give evidence against them, 
 their guilt can only be proved by circumstantial evidence." » » * 
 
 It is said by some writers on evidence that such circumstances are stronger than positive 
 proof. A witness swearing positively, it is said, may misapprehend the facts or swear falsely, 
 but that circumstances cannot lie. 
 
 The common design is the essence of the charge, and this may be made to appear when 
 the defendants steadily pursue the same object, whether acting separately or together, by com- 
 mon or different means, all leading to the same unlawful result. And where prima facie 
 evidence has been given of a combination, the acts and confessions of one are evidence 
 against all. * * * It is reasonable that where a body of men assume the attri- 
 bute of individuality, w hether for commercial business or the commission of a crime, the 
 association should be bound by the acts of one of its members in can'yiug out the design. 
 
 It is a rule of the law, not to be overlooked in this connection, that the conspiracy or agree- 
 ment of the parties, or some bf them, to act in concert to accomplish the unlawful act charged, 
 may be established either by direct evidence of a meeting or consultation for the illegal pur- 
 pose charged, or more usually from the very nature of the case, by circumstantial evidence. 
 (3d Starkie, 232.) 
 
 Lord Mansti^ld niled that it was not necessary to prove the actual fact of a conspiracy, 
 but that it might be collected from collateral circumstances. (Parsons's case, 1 ; W. Black- 
 stone, 392.) 
 
 "If," says a great authority on the law of evidence, on a charge of conspiracy, "it appears that 
 two persons by their acts are presuming the same object, and often by the same means, or 
 one performing part of the act, and the other completing it, for the attainment of the same 
 object, the jury may draw the conclusion there is a conspiracy; if a conspiracy be formed, 
 and a person join in it afterwards, he is equally guilty with the original conspirators." 
 (Koscoe, 415.) 
 
 The rule of the admissibility of the acts and declarations of any one of the conspirators, 
 said or done in furtherance of the common design, applies in cases as well where only part 
 of the conspirators are indicted and upon trial. Thus upon an indictment of murder, if it 
 appear that others, together with the prisoner, conspired to commit the crime, the act of 
 one, done in pursuance of tha,t intention, will be evidence against the rest. (2d Starkie, 237.) 
 They are alike guilty as principals. (Commonwealth vs. Knapp, 9 Pickering, 496; 10 
 Pickering, 477; « Term Reports, 528; U East., 584.) 
 
 Let us see what the evidences are of a commoa design to murder by starva- 
 tion these hapless, helpless wretches. First, then, who are officers, high and 
 low, civil and military, whom the evidence implicates in this great crime ? 
 
 As I shall show you by the testimony, there are associated in this conspiracy, 
 as directly implicated and as perpetrators, the prisoner at the bar, Brigadier 
 
TRIAL OF HENEY WIRZ. 751 
 
 General John H. Winder, Surgeon Isaiah H. White, Surgeon R. R. Stevenson, 
 Dr. Kerr, Captain R. B. Winder, Captain Reed, James H. Duncan, W. W. 
 Turner, and Ben. Harris. Remote from the scene, but no less responsible than 
 these named, nay, rather with a greater weight of guilt resting upon them, are 
 the leader of the rebellion, his war minister, his surgeon general, his commis- 
 sary and quartermaster general, his commissioner of exchange, and all others 
 sufficiently high in authority to have prevented these atrocities, and to whom 
 the knowledge of them was brought. 
 
 Chief among the conspirators and the actual participators in the crime, the 
 immediate tool, first and last, of the rebel government, we shall see was Prcneral 
 Winder. 
 
 It is proper, therefore, that we should know who he was, and the precise rela- 
 tions which he bore to the government which he represented. We learn from 
 many sources that he had ior a long time prior to the organization of the Ander- 
 sonville prison been at the head of the military prisons in and around Richmond, 
 holding also the position of provost marshal of that important centre of the 
 lebellion. 
 
 We learn from the witness J. B. Jones (Record, p. 2531 ; manuscript, p. 1219) 
 that his rule as provost marshal was almost a reign of terror ; that his authority 
 was so great be could arrest men indiscriminately even in distant States, and 
 that he was constantly sustained and supported by Jefferson Davis and his con- 
 fidential adviser and premier, Mr. Benjamin. 
 
 The witness Cashmeyer, (Record, p. 2840-'41 ; manuscript, p. 1221,) the con- 
 •fidential detective and constant companion of General Winder till the close of 
 the rebellion, says : 
 
 Their relations (those of Davis and Winder) were very friendly indeed, and very confi- 
 dential; I often heard General Winder say so ; I often saw him go there and come from 
 there. 
 
 About the time that General Winder's reign of terror was at its- climax, and 
 there was great opposition felt and expressed towards him, both in and out of 
 the rebel congress, a combined effort was made to have him relieved and sent 
 away. Generals Bragg and Ransom being prominent in the movement. At this 
 time Cashmeyer says : 
 
 President Davis was his (Winder's) especial friend. When the order relieving General 
 Winder came from the war department, he took it and went up to Mr. Davis ; President 
 Davis indorsed on it, as well as I can recollect, that it was entirely unnecessary and uncalled 
 for. 
 
 Some time after this it was thought wise by the rebel authorities to organize 
 the Andersoaville prison, and the whole matter was placed in the hands of Gen- 
 eral Winder by the orders issued from the war department for the purpose. 
 Greneral Winder himself did not go to Andersonviile till about the first of June, 
 but he sent forward, as we learn from the testimony of Cashmeyer, (Record, p. 
 2842; manuscript, p. 1221,) of Spencer, (Record, p. 600; manuscript, p. 1056,) 
 of Captain Wright, (Record, p. 790; manuscript, p. 1177,) and others, his son. 
 Captain W. S. Winder of his staff, as his special executive officer, and as we learn 
 from the testimony of Colonel Persons (Record, p. 613; manuscript, p. 250,) 
 "with absolute discretion in the location of the prison." This was in the lat- 
 ter part of December, 1863. 
 
 Shortly after, another officer of General Winder, a nephew of his, Oaptam 
 R. B. Winder, a quartermaster, arrived at Andersonviile and assumed the duties 
 of his office. Captain Wright, in speakingof him (Record, p. 2447; manuscript, 
 p. 1177,) says : 
 
 He told me that he had no orders to report to any quartermaster at all ; that he reported 
 directly to Richmond, and received his instructions from Richmond. 
 
 Subsequently in the month of March, 1864, General Winder sent still another 
 of his staff officers, the prisoner at the bar, who, as we learn from his report, 
 
752 TRIAL OF HENRY WIRZ. 
 
 made May 8th, (see Ex. No. 16 ; manuscript, p. 658,) was assigned to the com- 
 mand of the prison on the 27th of March. 
 
 Of him, Colonel Persons says, (Record, p. 602 and following; manuscript, 
 p. 249 :) 
 
 He came direct from Richmond, my understanding was, by order of General Winder; I saw 
 an official order to that effect ; I received a communication about the time Captain Wirz 
 reached there from General Winder ; it stated that Captain Wirz was an old prison officer, a 
 very reliable man and capable of governing prisoners, and wound up by saying that I vrould 
 give him command of the prison proper. 
 
 From the return of staff officers made by General Winder after he had him- 
 self arrived at Andersonville, and who he says were " acting under the orders of 
 Brigadier General John H. Winder, commanding the post at Andersonville, 
 Georgia, commanding the camps and stockade containing federal prisoners of war 
 and the guard troops for the same, the prison for federal prisoners of war at 
 Macon, Georgia," &c., &c., we find that Dr. Isaiah H. White, also on his staff, 
 was assigned to duty at Andersonville, by orders of the war departmemt at Rich- 
 mond, as chief surgeon in charge of the prison hospital ; he arrived at Ander- 
 sonville about the same time as the two Captains Winder. 
 
 This comprises the original corps of officers sent from Richmond to carry 
 out the hellish purposes of the rebel government, and which, as we shall see as 
 we advance, was most faithfully done by them. Can there be any doubt as to 
 what the original purpose of the rebel government was ? Let us go to the very 
 origin of the prison. 
 
 Ambrose Spencer testifies (Record, pp. 2472-'74 ; manuscript, p. 1050,) aa 
 follows : 
 
 I saw Captain W. S. Winder : at the time he was laying out the prison. « » » 
 I asked him if he was going to erect barracks or shelter of any kind ; he replied that he was 
 not, that the damned Yankees who would be put in there would have no need of them. I 
 asked him why he was cutting down all the trees, and suggested that they would prove a 
 shelter to the prisoners, from the heat of the sun at least ; he made this reply, or something 
 similar to it : That is just V)hat I am going to do; 1 am going to build a pen here that will 
 kill more damned Yankees than can he destroyed in the front. These are very nearly his words, 
 or equivalent to them. 
 
 How was this plan, thus emphatically avowed, carried out 1 The stockade 
 was located across a stream which General Wilson of our army says (Record, 
 p. 1S39 ; manuscript, p. 822) " would not run more water than would supply 
 for the purposes of an army a larger command than four or five thousand men, 
 " a sluggish stream," as Dr. Jones calls it, which with the springs along its banks, 
 sufficient probably to supply a regiment more, was the only water originally 
 intended for the prisoners. 
 
 From the inside of the prison everything was taken which could in any way 
 contribute to the comfort, convenience, or health of the prisoners, and was never 
 replaced by shelter, neither during the burning heat of the summer, which Doc- 
 tor Thornburgh, tells you was not much short of l-'>0 degrees in the sun, nor the 
 cold which followed in the winter, sufficiently severe, as is shown by several wit- 
 nesses, to freeze and which did freeze many prisoners to death. 
 
 It will be remembered, too, that not 400 yards distant, below the site selected 
 for the stockade, was a stream of water which General Wilson says was ample 
 for any number of troops, a stream that could not have been exhausted, and 
 which, after careful examination, as he says, was found to flow a volume of water 
 equal to 15 feet by 5 feet, with a velocity of a mile an hour, (Record, p. 1876 ; 
 manuscript, p. 822,) and which Colonel Persons says, (Record, p. 610; manu- 
 script, p. 250,) it occurred to him (me) would have been a preferable place to 
 the one where the prison was located," adding, " I suggested it to W. S. Winder, 
 I believe ; I recollect distinctly it was one of the Winders." 
 
 The mere location of the prison in the absence of other facts would not per- 
 haps, of itself, convey a criminal intent ; but when we remember what followed, 
 and certain other facts which will be presented, it becomes a very important 
 
TRIAL OF HENRY WIRZ. , 753 
 
 link in the chain of evidence leading to the guilt of the parties alleged. It will 
 be remembered that the immense bkke-house, the only accommodation of that 
 kind furnished for. the prisoners until late in the year, was located so that all the 
 filth and garbage, and offal of that place, which is described as itself almost as 
 filthy as the stockade, passed directly through the prison. 
 
 This, it is testified to by many, could with equal convenience have been loca- 
 ■ ted elsewhere, and this was suggested to Captain E. B. Winder, the quarter- 
 master, at the time of its erection. Immediately below the stockade, as appears 
 from the evidence of Dr. Jones, Dr. Roy, and others, trees were felled in the 
 stream and brush thrown into the swamp, so that the filth escaping from the 
 prison, which ought to have been allowed to pass rapidly off, was here caught, 
 spread over the surface and disseminated in the soil, till, as these medical gen- 
 tlemen say, it became a prolific source of disease, and sent back into the prison 
 a horrible stench. 
 
 These preparations of death did not cease here, but with incredible malice, or 
 with recklessness equally criminal, the troops arriving at the post for the pur- 
 poses of defence were encarnped above the stockade and along the stream in such 
 a manner that, as . many witnesses testify," all the washings of the camps and 
 overflowings of the sinks during storms swept into the stockade. Into this hor- 
 rible pen were the prisoners of war ushered, and here were they confined in 
 hopeless captivity. Here, too, for many months, with all these surroundings, 
 and everything calculated to make it certain death for the sick, was the hospital 
 retained; and not until after earnest protests from many officers, not until after 
 frequent represen tationt through official channels to the rebel government, through 
 General Winder, who was still in Richmond, not until after, as we learn from 
 the testimony of Colonel Persons, humanity impelled him to take the responsi- 
 bility, was the hospital removed outside, and this he tells us (Record, p. 3059; 
 manuscript, p. 1304,) was done in violation of G-eneral Winder's orders, and 
 was tardily acquiesced in some weeks after by an order from Richmond. 
 
 About the time of this clamor for the removal of the hospital, considerations 
 of humanity pleaded with equal fervor for an enlargement of the stockade. 
 Prisoners had been sent forward, under orders from Richmond, with such rapidity 
 and in such numbers that they could only be turned into this place like cattle, 
 until at the time we speak of, within, an enclosure of little more than twelve acres, 
 excluding the swamp, unfit for occupation, and the dead-line space, the frightful 
 number of over 18,000 were confined. Protest after protest went up through 
 many sources to General Winder at Richmond. Colonel Persons says, (Record, 
 p. i!061; manuscript, p. 1305:) 
 
 We sent an objection to the authorities at Richmond, to General Winder, and urged him 
 to hold up, and not ship any more prisoners there, but he paid no attention to it. 
 
 This seething mass of humanity, with scarcely room to stand upon, crying for 
 help, the more conscientious officers of the post doing all in their power to alle- 
 viate their sufferings, the commanding officer notifying the rebel government 
 what they must have known all the time, that the mortality was great, and must 
 be still greater unless something should be done. Colonel Persons was aroused upon 
 this subject, as he had been upon the matter of removing the hospital, and here 
 again betook the responsibility, as he tells us, (Record, p. 621; manuscript, p. 258, ) 
 to order an enlargement of the stockade about one-third, which was done under 
 the direction of Captain Wright by the prisoners themselves. Colonel Persons 
 says (Record, p. 3063; manuscript, p. 1306) that when he saw they did not intend 
 holding up, but continued td ship more prisoners, and saw that the prison was 
 overcrowded, he directed the enlargement of the prison, and he says : 
 
 After I had finished the extension, or, perhaps, after I had got it partly finished,. orders came 
 giving me permission to do it. 
 
 There can be no doubt that during all this time the precise condition of affairs 
 at Andersonville was well understood at Richmond. General Winder, to whom 
 H. Ex. Doc. 23 48 
 
754 TRIAL OF HENRY WIRZ. 
 
 the entire biisitiess of organizing and conducting the prison was assigned, re- 
 mained in Richmond as the representative of the prison at that place. He was 
 in constant correspondence with the officers on duty at Andersonville, as is fully 
 shown by what has just been stated. That he frequently conferred with the offi- 
 cers of the war department is not only reasonably inferable but is absolutely 
 certain. 
 
 General Cobb, in his letter to the adjutant general of May 5, (see Ex. No. 
 15; manuscript, p. 649,) says: 
 
 I presume tlie character of the prison is well understood at Richmond, and therefore give 
 no description of it. 
 
 The introduction of his letter, Showing that his presumption was well founded, 
 is as follows : 
 
 Under your order to inform myself of the condition of the prison at Andersoaville, with the 
 view of furnishing from the reserve corps the necessary guard for its protection and safety, 
 &c. 
 
 Dr. Eldridge, in his report, forwarded to Richmond at the same time as G-en- 
 eral Cobb's, in speaking of the necessity of removing the hospital outside and 
 endeavoring to meet the objections made at Richmond, says: 
 
 Such an enclosure as I should suggest — a plank fence ten feet high — would require but very, 
 few additional guards, as the guard appears to be the objection urged at Richmond to a sep- 
 arate enclosure. 
 
 On the 8ih of May, 1864, the prisoner at the bar made a report to Major 
 Turner, who, as an officer on duty pertaining to prisons, connected with 
 the war department, (see Ex. No. 16 ; manuscript, p. G5S,) in which the condition 
 of affairs at Andersonville at -that date was fully set forth. This report reached 
 Richmond during the same month, and was submitted to the war department 
 by General Winder, with the following indorsement : 
 
 Approved and respectfully forwarded. Captain Wirz has proven himself to be a diligent 
 and efficient officer, whose superior in commanding prisons and iacident duties I know not.'"' 
 
 We all know, as officers of the army, that the furnishing of subsistence, of the 
 material used by quartermasters, and of hospital supplies and medicine, was all 
 done either through the chiefs of thoje several departments at Richmond, acting 
 under the supervision of the secretary of war himself, or by virtue of the orders 
 of these chiefs and of that secretary^ 
 
 It is not credible that such an immense prison as that at Andersonville, used 
 as a receptacle for prisoners from all parts of the south, was unknown to the 
 Richmond government, and that the whole management, the subsistence of the 
 prisoners, their comfort, their safety, everything was left in the hands of this 
 heretofore obscure man, now on trial. But it is said that during these straitened 
 times the prisoner and the other officers charged were doing all in their power 
 to alleviate the sufferings, so well known at Richmond and at Andersonville. 
 
 Without stopping now to inquire what could have been done, and what is 
 shown by a cloud of witnesses to have been in their power, notice a moment 
 what was done, and whether or not it was in furtherance of the conspiracy. 
 Captain R. B. Winder, as we learn from Captain Wright's testimony, (Record, p. 
 2747; manuscript, p. 1177,) came to Andersonville untrammelled by any orders, 
 reported to no one, but received his instructions from, the quartermaster general. 
 He told Captain Wright that "all the quartermasters had been ordered by the 
 quartermaster generalto furnish him what supplies he needed to fill his requisitions." 
 
 With powers thus ample he erected a few scanty, miserable sheds at one end 
 of the stockade, which were then used as a hospital, and were not sufficient for 
 the sick; he built a cook-house which was a prolific source of suffering' and death, 
 and which was not of sufficient capacity to prepare rations for more than 5,000 
 men propprly. He built a hospital enclosure with some sheds within it, covered 
 but not sided; he furnished the prisoners with wood for cooking purposes, as, 
 we learn, at the rate of three cord sticks to a squad of ninety; he managed to 
 
TKIAL OF HENRY WIRZ. 765 
 
 transfer to his private till a large amouat of money sent him by his government, 
 as intimated in the testimony of Captain Wright; he folded his arms while Col- 
 onel Persons enlarged the stockade and removed the hospital, work which belonged 
 exclusively to him; he did this, omitting to do many things that were not only 
 in his power, but which it was his duty to do, leaving the post finally in the 
 latter part of the summer, taking away nearly everything, as Captain Wright 
 says, (Record, p. 2749; manuscript, p. 1178,) that pertained tb his department. 
 Not, however, until by his acts of omission and commission he had become 
 answerable for the deaths of hundreds of these unfortunate prisoners. 
 
 Captain W. S. Winder remained true to his purpose, as declared to Mr. 
 Spencer, and in more ways than one demonstrated how true was his declara- 
 tion: 
 
 I am going to build a pen here that will kill more damned Yaakees than can be destroyed 
 in the front. 
 
 Dr. Isaiah H. White, an important adjunct to this scheme, and indispensable, 
 to its faithful execution, was at the head of the hospital, whence he reported to 
 his superior officers at Richmond, from time to time, the dreadful and increasing' 
 mortality. 
 
 The prisoner how before you, despite all his pretended protests at the time, 
 despite the individual and widely separated instances of humanity which have 
 been paraded here, remained, as he truly said in his letter to Major General 
 Wilson, which was the first item of evidence introduced in this trial, "the tool 
 in the hands of his (my) superiors." (See Ex. No. 1 ; manuscript, p. 1.) He 
 had introduced himself to the prisoners by stopping their rations the first day 
 be was on duty ; he had instituted, between that time and the time of General 
 Winder's arrival, a system of the most cruel and inhuman punishments ; he had 
 made his name a terror among the prisoners, and his society a reproach to his 
 comrades upon whom he inflicted it; he had established the dead-line and all 
 its accompanying horrors ; he had given the prisoners a foreshadowing of the 
 stocks, of the balls and chains, of the chain-gang, of starvation as a punishment, 
 aud all that black catalogue of cruelty and suffering unknown even to a "Dra- 
 conian code;" he had declared to several of the prisoners engaged in the burial 
 of the dead, " Thisis the way I give the Yankees the land they came to fight for ; " 
 he had scores of times told the prisoners, when maltreating them, that he intended 
 to starve them to death ; he had boasted that " ho was doing more for the con- 
 federacy than any general in the field;" he had paraded the ohajn-gang for the 
 amusement of his wife and daughters; he had with drawn pistol told a prisoner 
 who dared to complain of the rations, " Damn you, I'll give you bullets for bread." 
 Are you not prepared then to believe that at the time of General Winder's 
 arrival the prisoner was in the execution of the common design, with a 
 knowledge of its object, and acting in harmony with its chief instrument, Gen- 
 ■eral Winder 1 
 
 This is Andersonville in part, the sufferings of our prisoners in part, and some- 
 thing of the evidence of the conspiracy begun and continued up to the time of 
 General Winder's arrival. 
 
 We shall see now whether the law governing this question, after a recital 
 of the facts which follow, does not direct you to find a verdict of guilty. 
 
 You will temember that when Colonel Persons was on the stand, he told you 
 that, assuming to do what the law and the army regulations made it the duty of 
 the quartermaster to do, and which in this case Captain Winder had wholly neg- 
 lected to do, he sent to the different saw-mills along the line of the railroad for 
 lumber, moved, as he tells yoii, by a feeling of humanity and a desire to alle- 
 viate, in some way, the sufferings of the prisoners. He says, (Record, p. 608.; 
 manuscript, p. 252 : ) 
 
 I had concentrated there, I suppose, about five or six train loads of lumber ; I suppose 
 nearly 50 car loads. 
 
756 TRIAL OF HENRY WIRZ. 
 
 I quote further from the record the following : 
 
 Q. Were you permitted to erect a shelter ? 
 
 A. I was in the act of doing so, was j ust carrying the lumber, when I was relieved. 
 
 Q. By whom ? 
 
 A. By General Winder. 
 
 Q. Had he arrived on the same day ? 
 
 A. He 'arrived there about that time. 
 
 Q. Was your plan carried out? 
 
 A. I went into the stockade several times after I was relieved from duty and I saw no 
 shelter there. I saw 40 or 50 houses springing up outside of the grounds. The lumberdis- 
 appeared in that way. 
 
 At this titae, the journal of the prison shows there were over 19,000 prison- 
 ers in the stockade. This was the first official act of General Winder on his 
 arrival. It was the third time Colonel Persons had given mortal offence, and 
 he was not longer to he tolerated. What could more strongly present the un- 
 mitigated diabolism of that friend of President Davis, that man upon the order 
 relieving whom the rebel chief wrote : " It is entirely unnecessary and uncalled 
 for ?" This was the man who found a ready advocate in the rebel premier, Mr. 
 Benjamin, and who was not only sustained from first to last by his chief, but 
 was rewarded for official conduct that will place his name amongst tliose of the 
 most infamous of any age or clime 
 
 General Winder's second act was to establish himself comfortably and at a 
 respectful distance from the prison, where lie remained from the first of June 
 until early in the fall. Notice now, as we advance, how the sufferings of this 
 prison increased ; how everything from which torture and death could result was- 
 resorted to ; how all those methods of inhuman punishment instituted by the 
 prisoner were approved and sanctioned by General Winder, and that, during the 
 whole period of his command, not a single act is recorded which does not prove 
 him to have been not only " a brutal man," as Mr. Spencer says he was, but 
 that he was the chief instrument in the .hands of a wicked, treasonable conspi- 
 racy to murder the prisoners of war in his custody. He came there with authorr 
 ity unlimited, with discretion to do whatever circumstances required to carry out 
 the purposes of his command. In an appeal published by him to the citizens 
 of the surrounding counties, (see Ex. No. 27 ; manuscript, p. 707,) he calls 
 for " 2,000 negroes properly supplied with nxes, spades, and picks, and supported 
 by the requisite number of wagons and teams," for the purpose of rendering 
 more hopeless the imprisonment of our soldiers, holding over the people of that 
 vicinity the terrors of impressment, which, in this appeal, he claims to have au- 
 thority to make ; yet, with all this power, with all these appliances at hand, and 
 within reach of his call, not a single shelter did he ever erect ; not a ditch did he 
 dig to drain that horrible cesspool below the stockade, and within it ; not a tithe 
 of the wood absolutely necessary did he cause to be' taken into the stockade ; not 
 once did he visit that place over which he had supreme control ; not a well did he 
 cause to be digged within it ; not an order did he issue to abate one jot or tittle 
 of the frightful rigors of that prison pen ; not a kindly or humane sentiment ia 
 he shown during that whole time to have uttered towards these prisoners in his 
 custody. On the contrary, he sca,ttered to the four winds, as we have seen, that 
 immense pile of lumber accumulated by Colonel Persons for the- purpose of 
 erecting shelter in the stockade ; he approved all that had been done by his 
 subordinate, the prisoner, even recommending him for promotion ; he legalized 
 the detail of Turner, who was a confederate soldier, to take command of a pack 
 of hounds to run down prisoners, and afterwards permanently detached him from 
 his regiment for that purpose ; he authorized and ordered the hanging of six 
 prisoners of war within the stockade, which, by all the laws of war, was no 
 more nor less than murder, so far as he was concerned ; he brutally refused the 
 philanthropic ladies of Americus twice in their attempts to render assistance to 
 the sick at the hospital, even intimating on one of those occasions, to those ladies 
 
TEIAL OP HENEY WIEZ. 757 
 
 , of the highest respectability, that a repetition of their hutnan^ efforts would 
 bins upon themselves a punishment too infamous to be named.' 
 
 Is it still contended that there was no conspiracy ; that these things evinced 
 no common design to destroy ; that of all these things the Richmond govern 
 ment were in blissful ignorance ? Let us see. ■ On the 21st of July, 1864, 
 General Winder addressed a letter to the war department at Richmond, (see 
 Ex. No. 17 ; manuscript, p. 662,) dated AndersonviUe, in which he uses the 
 following language before quoted : 
 
 You speak in your indorsement of placing the prisoners properly.. I do not exactly 
 comprehend what is intended hy it ; I know but of one way to place them, and that is, to 
 put them into the stockade,' where they have between four and five square yards to the man. 
 
 Is it pos.sible that he did not comprehend what was intended by the war 
 department.? Can it be that he knew of but one way to place those prisoners 
 properly ? 
 
 His government did not dare to speak more definitely, nor was it necessary, 
 to such a man as General Winder, occupying the position he did, and with the 
 letter of Robert Ould in his private desk, written as early as March, 1863 — a 
 private letter to himself and indorsed by his own hand. The one way was the 
 way given ,in his original instructions ; it was the way understood by W. S. 
 Winder, when he said it was the intention to kill more Yankees at Anderson- 
 viUe than they did at the front ; it was the way meant, and well understood by 
 General Winder, when he said to Mr. Spencer that, for his own part, he woiald as 
 lief the damned Yankees would die there as anywhere else ; that, upon the 
 whole, he did not know that it was not better for them, (Record, p, 2467 ; manu- 
 script, p. 10-54,) and which he afterwards disclosed to Colonel Chandler in the 
 remark : 
 
 It is better to leave them in their present condition until their number has been sufficiently 
 reduced by death to make the present arrangements suffice for their accommodation. 
 
 It was the way well understood by the rebel government, when, in the face 
 of the protests of humane officers, and in the face of the official reports of the 
 mortality of that place, they continued to forward prisoners, train-load after train- 
 load, to an already over-crowded prison. It was the way dictated to the agent 
 of that government, Robert Ould, and revealed by him in his letter to Winder, 
 (see exhibit No. — ; manuscript, p. 1920,) wlien he declares, speaking of 
 exchanges : " The arrangement I have made works largely in our favor. We 
 .get rid of a set of miserable wretches, and receive in return some of the best 
 material I ever saw;" adding, " This, of course, is between ourselves." 
 
 It was the way understood perfectly by General Howell Cobb, when, in a 
 speech at AndersonviUe, he pointed with terrible significance to the grave-yard, 
 remarking : " That is the way I would care for them." 
 
 It was the way well understood by the prisoner at the bar, who is shown to 
 have uttered sentiments similar to those expressed by W. S. Winder on inore 
 than a hundred occasions. It was the way, and the only way, ever indicated 
 by the chief of the rebel government and his secretary of war, else why did he, 
 with this frightful picture before him, deliberately fold General Winder's letter, 
 indorsing it " Noted filed. — J. A. S." 
 
 Let us advance another step in the evidence connecting the Richmond govern- 
 ment with these atrocities. Colonel D. T. Chandler, of the rebel war depart- 
 ment, pursuant to an order of his chief, of July 25, 1864, directing him to make 
 an inspection at AndersonviUe, and other places in the confederacy, submitted 
 a report dated AndersonviUe, August 5,' 1864, and which reached the war depart- 
 ment August 17, 1864. This officer, from whose report we have already quoted, _ 
 gives a graphic description of the sufferings of the prisoners of war, and in earnest 
 terms beseeches his government that no more be sent forward to that place, and 
 that immediate steps be taken to relieve the sufferings of those prisoners already 
 there ; making many practical suggestions for their comfort which he thought 
 
758 TEIAL OF HENRY WIEZ. 
 
 could be readily carried out. In a supplemental report, also dated August 5th, 
 and which was received in Richmond with the report first named, he enya : 
 
 My duty requires me respectfully to recommend a change in the officer in command of the 
 post, Brigadier General John H. Winder, and the substitution in his place of some one who 
 unites both energy and good judgment with some feelings of humanity and consideration for 
 the welfare and comfort, as far as is consistent with their safe-keeping, of the vast number 
 of unfortunates placed under his control ; some one who, at least, *will not advocate deliber- 
 ately, and in cold blood, the propriety of leaving them in their present condition until their 
 number has been sufficiently reduced by death to make the present arrangements suffice for 
 their acCbmmodatibn, and who will not consider it a matter of self-laudation and boasting that 
 he has never been inside of the stockade — a place the horrors of which it is difficult to describe, 
 and which is a disgrace to civilization — the condition of which he might, by the exercise of a 
 little energy and judgment, even with the limited means at his command, have considerably 
 improved. 
 
 In his examination touching this report, Colonel Chandler says t 
 
 I noticed that General Winder seemed very indifferent to the welfare of the prisoners, 
 indisposed to do anything, or to do as much as I thought he ought to do, to alleviate their 
 sufferings. I remonstrated with him as well as I could, and he used that language which 
 I reported to the department with reference to it' — the language stated in the report. 
 When I spoke of the great mortality existing among the prisoners, and pointed out to him 
 that the sickly season was coming on, and that it must necessarily increase unless something 
 was done for their relief — the swamp, for instance, drained, proper food furnished, and in 
 better quantity, and other sanitary suggestionswhich I made to him- — he replied to me that 
 he thought it was better to see half of them die than to take care of the men. 
 
 And to show that he. cannot be mistaken in what he avers; Colonel Chandler 
 speaks of Major Hall, his assistant, having first reported to him similar language 
 used by General Winder to him, and remarks : 
 
 I told Major Hall that. I thought it incredible, that he must be mistaken. He told me 
 no, that he had not only said it once, but twice; and, as I have stated, he subsequently made 
 use of this expression to me. 
 
 Let us now see what the rebel government had to do with this report. As . 
 I before remarked, it reached Richmond on the 17th day of Aujjust. Immedi- 
 ately on its reception, as we learn from Captain C. M. Selph, of the rebel war 
 department, it was carefully briefed, and extracts made and sent to the heads of 
 the difierent bureaus, the commissary general and the quartermaster general ; a 
 report of Dr. White's, an enclosure of Colonel Chandler's report, being sent to 
 the surgeon general. The entire report was ■ then laid before the secretary 
 of war, Mr. Seddon, and there cannot be a shadow of doubt that it was immedi- 
 ately, and fully, and seriously considered ; nor can there .be any doubt that Mr. 
 Davis and his war minister conferred together with regard to this momentous 
 subject. 
 
 Captain Selph, speaking of a conversation between himself and Colonel Woods, 
 a staff officer of Jefferson Davis, in regard to the prison at Aader?onville, says : 
 
 During that conversation I obtained the impression that President Davis had some knowl' 
 edge of it. (Record, p. 1161 ; manuscript, p. 659.) 
 
 " This," he says again, " was subsequent to the receipt of Colonel Chandler's 
 report." 
 To the question — 
 
 Would a paper of this kind, on a subject of this magnitude, find its way to the president of 
 the so-called confederate Slates in the ordinary course of proceedings ? — 
 
 He answers, 
 
 Yes, sir ; I think it would. 
 
 It will not do to say that this report was buried among the mnltitude of 
 papers that arrived daily in the war office, or that lay upon Mr. Seddou's table 
 with piles of otlier papers unnoticed. Mr. J. B. Jones, private secretary to Mr. 
 Seddon, says (Record, p. 2836 ; munuscript, p. 1218,) that he remepabers wlien 
 the report was received, but only read the headings enough to see the purport of 
 it; and adds that he thinks it was sent for by the secretary of war. 
 
 Mr. R T. H. Kean, chief of the bureau of war, says that he saw it lying on the 
 secretary's table. He also speaks of a conversation between himself and the 
 
TRIAL OP HENRY WIRZ. 759 
 
 assistant secretary of war, Judge Cam'pbell, in which the report was spoken of, 
 and in which Judge Campbell, speaking of the fearful mortality, remarked, 
 "This looks very bad." 
 
 Captain Selph also testifies that the report excited general comment in the 
 department. 
 
 But we are not left with this evidence alone. This report was not sent in 
 like ordinary inspection reports, but special attention was drawn to it by three 
 officials. On the day of its receipt, it was submitted to the secretary of war, as 
 the following indorsement proves, beyond doubt : 
 
 Adjutant akd Inspector General's Office, 
 
 August 18, 1864. 
 Kespectfutly submitted to the secretary of war. The condition of the prison at Audersonville 
 is a repreach to us as a nation. ■ The engineer and ordnance departments were applied to for 
 implements, and authorized their issue, and I so telegraphed General Winder. Colonel 
 Chandler's recommendations are coincided in. 
 By order of General Cooper; 
 
 R. H. CHILTON, 
 Assistant Adjutant and Inspector General. 
 
 The re.port passed through the hands of R. B. Welford, a confidential clerk 
 employed in the war department for his legal abilities, who also made a brief 
 analysis, strongly recommending Colonel Chilton, Mr. Welford's analysis being 
 again indorsed, and the whole laid before the secretary by J. A. Campbell, assistant 
 secretary of war, with the following indorsement: 
 
 These reports show a condition of things at Audersonville which calls very loudly for the 
 interposition of the department in order that a change may be made. 
 
 J. A. CAMPBELL, 
 
 Assistant Secretary of War. 
 
 What more could have been needed, or what more done, to bring authorita- 
 tively and strongly before the proper authorities at Richmond the subject of the 
 Audersonville sufferings ? Here were an intelligent inspecting officer of high 
 rank. Colonel Chandler, the chief of the inspector's bureau. Colonel Chilton, 
 the chief of the bureau of war, Mr, Kean, a confidential. clerk, Mr. Welford, 
 and the assistant secretary of war, Judge Campbell, all pressing in the 
 Strongest terms the necessity of an immediate interposition by the department, 
 and not hesitating to declare the prison at Audersonville "a reproach to them 
 as a nation." These appeals might have moved hearts of stone, but addressed 
 as they were to these representatives of a government based upon wrong and 
 injustice, that had its origin in a treasonable conspiracy tp overthrow the best 
 government on the face of the earth, however much they may have moved the 
 hearts of those representatives as individuals, they seem to have still felt it their 
 duty to adhere to a purpose so cruelly and wickedly begun and thus far so 
 faithfully carried out ; and they dared not, or would not — for it is certain they 
 did not — abandon, even then, this atrocious conspiracy. Mr Kean says he is 
 not aware the report was ever acted upon. Captain Selph says the same, and 
 we learn from his testimony that the report remained with t»e secretary, never 
 having come back to the inspector general's department, where it properly 
 belonged, till about the time Mr. Breckinridge succeeded Mr. S^ddon— some 
 time in 1865— when Colonel Chandler having returned and demanded that 
 some action should be taken on the report or he would resign, it was brought to 
 light and laid before Mr. Breckinridge, who would have acted upon it, as Cap- 
 tain Selph thinks, but for the rapid change of affairs in the confederacy, and the 
 dissolution of their government soon after. ' 
 
 And here let me diverge a moment and follow a portion of this remarkable 
 report to the surgeon general's office. We find indorsed upon "Exhibit 24 
 (manuscript, p. 695) the following : 
 
 Surgeon White was authorized some time since to send his requisitions for supplies 
 directly °n thp medical purveyor. Not havihg supplies is his own fault ; he should have 
 
760 TRIAL OF HENRY WIRZ. 
 
 anticipated the wants of the sick by timely requisitions. It is impossible to order medical 
 officers in place of the contract physicians. They are not to be had at present. 
 
 S. P. MOORE, Surgeon General. 
 
 This is the flippant iudorsement of the. surgeon general, and the only evidence 
 showing his notice of the condition of things at Andersonville, and this i.' all 
 that he seems to have done in the matter, while Dr. White was allowed to re- 
 main in charge of the hospital, which, as described by the surgeons who were 
 on duty with him, seems to have^been little else than a dead-house — this Dr. 
 White, whose recklessness, brutality, and crime are so closely interwoven with 
 that of General Winder, the prisoner at the bar and his associate staff officers, 
 that it is hard to discriminate between the crnelty of the one and that of the 
 others. 
 
 It is strange, truly, that the surgeon general passed over the matter with so 
 slight a notice of it, when we remember that, 'several weeks previously, it is 
 shown that he had the whole matter before his office and took action upon it, 
 which makes him no less culpable than the others we have mentioned. He had 
 called into his counsels an eminent medical gentlemen; of high attainments iu 
 his profession, and of loyalty to the rebel government unquestionable. Amid 
 all the details in this terrible tragedy, there seems to me none more heartless, 
 wanton and Utterly devoid of humanity, than that revealed by the surgeon general, 
 to which I am about to refer. I quote now from the report of the sameDr. 
 Joseph Jones, which, he says, (Record, p. 43S4 ; manuscript, p. 1721,) was made 
 in the interest of the confederate government for the use of the medical depart- 
 ment, in the view that no eye would ever see it but that of the surgeon general. 
 
 After a brief introduction to his report, and to show under what authority it 
 was made, he quotes a letter from the surgeon general dated " Surgeon Gen- 
 eral's Office, Richmond, Virginia, August 6, 1864." The letter is addressed to 
 Surgeon I. H. White, in charge of the hospital for federal prisoners, Anderson- 
 ville, Georgia, and is as follows : 
 
 Sir: The field of pathological investigation afforded by the large collection of federal 
 prisoners in Georgia is of great extent and importance, and it is believed that results of value 
 to the profession may be obtained by careful examination of the effect of disease upon a 
 body of men subjected to a decided change of climate and the circumstances peculiar to 
 prison life. The snrgeon.in charge of the hospital for federal prisoners, together with his 
 assistants, will afford every facility to Surgeon Joseph Jones in the prosecution of the labors 
 ordered by the surgeon general. The medical officers will assist in the performance of such 
 post mortems as Dr. Jones may indicate, in order that this great field for pathological investi- 
 gation may be explored for the benefit of the medical department of the confederate ai-mies. 
 
 S. P. MOOKE, Surgeon General. 
 
 Pursuant to his orders. Dr. Jones, as he tells us, proceeded to Andersonville, 
 and on September 17 received the following pass : 
 
 Andersonville, September 17, 1864. 
 Captain : You will permit Surgeon Joseph Jones, who has orders from the surgeon 
 general, to visit the sick within the stockade that are under my medical treatment. Surgeon 
 Jones is ordered to irmi^e certain investigations which may prove usefuL to his profession. 
 By order of General Winder : 
 Very respectfully, 
 
 W. S. WINDER, A. A. G. 
 Captain H. WiRZ, Commanding Prison. 
 
 When we remember that the surgeon general had been apprised of the wanfs 
 of that prison, and that he had overlooked the real necessities of the prison, 
 shifting the responsibility upon Dr. White, whom he must have known was 
 totally incompetent, it is hard to conceive with what devilish malice, or criminal 
 devotion to his profession, or reckless disregard of the high duties imposed upon 
 him — I scarcely know which — he could sit down and deliberately pen such a 
 letter of instructions as that given to Dr. Jones. 
 
 Was it not enough to have cruelly starved and murdered our soldiers 1 Was 
 it not enough to have sought to wipe out their very memories by burying them 
 
TRIAL OF HENRY WIRZ. 761 
 
 in nameless graves 1 Was it not enough to have instituted a system of medical 
 treatment the very embodiment of pharlatauism ? Was not this enough, with- 
 out adding to the many other diabolical motives which must have governed the 
 perpetrators of these acts, this scientific object, as deliberate and coldblooded 
 as one can coijceive? The surgeon general could quiet his conscience, when 
 the matter was laid before him through Colonel Chandler, by indorsing that it 
 was impossible to send medical officers to take the place of the contract physi- 
 cians on duty at Andersonville. Yet he could select, at the same time, a dis- 
 tinguished gentleman of the medical profession and send him to Andersonville, 
 directing the whole force of surgeons there to render him every assistance, 
 leaving their multiplied xluties for that purpose ! Why? Not to alleviate the 
 sufferings of the prisoners ; not to convey to them one ounce more of nutritious 
 food ; to make no suggestions for the improvement of their sanitary condition ; 
 for no pucpose of the kind ; but, as the letter of instructions itself shows, for no 
 other purpose than " that this great field for , pathologicd investigation may be 
 explored for the benefit of the medical department oi the confederate armies." 
 The Andersonville prison, so far as the surgeon general is concerned, was a 
 mere dissecting room, a 'clinic institute to be made tributary to the medical 
 department of the confederate armies. But let me return from this digression. 
 One can hardly believe all these things of a government pretending to struggle 
 for a place among civilized nations, yet horrible as it seems, the facts cannot be 
 ' resisted. Do I injustice to the leaders of the rebellion ? Have I drawn infer- 
 ences that are unwarrantable? Is it indeed true that these men, high in author- 
 ity, are not responsible? I think not; motives are presumed from actions, and 
 actions speak louder than words. What was the action of Jeff Davis and 
 his war minister upon these reports? The papers were pigeon-holed in the 
 secretary's office, not even being dignified by being placed upon the regular 
 files in the proper office, while General Winder, the chief accomplice, instead of 
 being removed immediately, and broken of his commission, and tried for viola- 
 tion of the laws of war — for cruelty, inhumanity, and murder, instead of being 
 held up by that government as a warning to others, giving a color of justice to 
 their cause, was promoted, rewarded, and given a command of wider scope and 
 ' greater power, but still in a position to carry out the purposes of his govern- 
 ment towards prisoners of war. History is full of examples similar in charac- 
 ter, where a government, seeking to carry out its ends, has selected as tools men 
 not unlike General Winder, and history, faithful in the narration of the facts, is 
 faithful also in fixing upon the government who employed such persons, and 
 sustained and rewarded them, the responsibility for the acts of their agents. 
 James II had his Jeffries; Philip II his Duke of Alva; Louis XIV his Duke 
 de Louvais; the Emperor of Austria his Haynau; a,ni' Jefferson Davis his 
 Winder. The closest scrutiny of the immense record of this trial will show 
 that, up to the very close of that prison, there were no steps taken by the rebel 
 government, by General Winder, or by any of the officers of his staff clothed 
 with proper authority, to alleviate in any material particular the great sufferings 
 of that place. You will remember the uniform testimony of the medical officers, 
 as well as of the prisoners who "remained there during the winter of 1864 and 
 1865, that there was no perceptible change in the condition of the prison, and 
 an examination of the hospital register, and the death register, will show that 
 the mortality was even greater during that period, in proportion to the number 
 of prisoners confined, than it was during the months of its most crowded condi- 
 tion. From the prison journal, kept by the prisoner himself, we find that in 
 September, the mean number of prisoners being 17,000, the deaths were 2,700; 
 in October, the mean strength being about 6,700, the number of deaths was 
 
 1,960 nearly one out of every five ; in November, the mean strength being 
 
 2,300, the deaths were 485 ; while those who remained to the very close, till 
 the prison was broken up, are described by General Wilson and others as having 
 
762 TRIAL OF HENRY WIRZ. 
 
 been "mere skeletons," "shadows of men." Nor must it be forgotten that the 
 marks of this cruelty were so indelibly stamped upon its victims that thousands 
 who survived are yet cripples, aijd will carry to their graves the evidence of the 
 horrible treatment to' which they were subjected. The surgeons of our army 
 who treated those shadows of men when they arrived within our lines at Jack- 
 sonville and Hiltoij Head tell you of hundreds who died before they could be 
 resuscitated ; of others permanently disabled ; of others who, upon their partial 
 recovery, were started on their way homeward, being again treated at Annapolis. 
 Dr. Vanderkieft, of our army, speaks of the condition of those prisoners while 
 under his treatment at that place. He says.: 
 
 They weve reduced, suffering from chronic diarrhoea and scurvy; some of them in a dying 
 condition; some of them died a few days after they arrived; and those who did recover were 
 ohliged to remain a long time in hospital before they were able to return to their homes. 
 (Record, p. 50.t; manuscript, p. 207.) 
 
 And with that certainty with which science reasons from effect to cause often- 
 times, after describing the condition of the men as it has been brought out in 
 this testimony, he concludes, "The symptoms and condition of the patients pre- 
 sented cases of starvation." Nor must it be forgotten, in the. summing up of the 
 cumulative proofs of the Andersonville horrors, that njimerous photographs of 
 returned pi-isoners were introduced here, and identified by Doctors Vanderkieft, 
 Balser and others, as representing cases no worse than hundreds and thousands 
 they had seen. So impressive indeed, and so strong seemed this evidence of 
 rebel cruelty, that the counsel for the prisoner sought, in his cross-examination, 
 to show that they were fancy sketches. Are we told that these things are 
 improbable, and cannot be believed, because it is said that Mr. Davis is a gooA 
 man, not capable of such cruelty 1 ,Are we told that no. direct order of his is 
 shown, and therefore, notwithstanding all these facts and circumstances narrated, 
 he must be acquitted of all blame ? The law governing cases of conspiracy does 
 not require us to show a direct order ; circumstances ; from which guilt may be 
 inferred are sufficient. The rebel chief did not find it necessary to issue direct 
 instructions, nor indeed- could it reasonably be expected. He was too wary, too 
 sagacious for that. Michelet relates an anecdote of Louis XV, not malapropos : 
 
 The illustrious Quesney, physician to Louis XV, who lived in the house of the latter at 
 Versailles, saw the king one day rush in suddenly, and felt alarmed. Madame D. Haussett, 
 the witty femme de enambre, inquired of him why he seemed so uneasy. "Madame," 
 returned he, ' ' whenever I see the king, I say to myself, there is a man who can cut my head 
 off." " Oh ! " sai(} ihe, "he is too good." 
 
 The lady's maid thus summed up in one word the guarantees of monarchy. 
 The king was too good to cut the man's head off; "that was no longer agreea-. 
 ble to custom ; but he eould with one word send him to the Bastile, and there 
 forget him. It remains to be seen whether it is better to perish with one blow, 
 or suffer a lingering death for thirty or forty years." Mr. Davis was not capa- 
 ble of being the instrument of dCath. He was too good to be keeper of a prison, 
 and withold from starving men their scanty rations ; but he could send them 
 out of his sight, away from the prison in plain view of his own residence, into 
 the dense forests of Georgia, and there forget them. If Jefferson Davis be ever 
 brought to trial for his many crimes — and may Heaven spare the temple of jus- 
 tice if he be not— it will not do for him to upbraid and accuse his willing tools, 
 Winder and Wirz, as King Jolm did Hubert for the death of Prince Authur ; 
 they will turn upon him and say, " Here is your band and seal for all I did." 
 And in the winking of authority, did we understand a law. 
 
 THE LAW OF NATIONS. 
 
 Before advancing further in the argument, let us define briefly the laws of 
 war, which, it is alleged by the government in its indictment against this pris- 
 oner and his co-conspirators, have been inhumanly and atrociously violated. 
 One would suppose that an enlightened conscience need not consult the opinions 
 
TRIAL OF HENEY WIEZ, 763 
 
 of writers upon law or ethics to detenniiie the violation of rules governing civ- 
 ilized warfare with sufficient certainty to condemn the treatment of prisoners at 
 Andersonville ; yet, as the averment is traversed by the prisoner.and it is insisted 
 that no violation of the human^ principles governing nations in war is shown, 
 I must trespass upon the court a moment before proceeding. In the forum of 
 nations there is a higher law, a law paramount to any rule of action prescribed 
 by either of them, and which cannot be abrogated or nullified by either. What- 
 ever the peculiar forms or rights of this or that government, its subjects acquire 
 no control or power other than is sanctioned by the great tribunal of nations. 
 We turn then to the -code international, where the purest morals, the highest 
 sense of justice, the most exalted principles of ethics, are the corner-stones, that 
 we may learn tobe guided in our duties to this prisoner. 
 
 Grotius derived the jus gentium from the practice of nations, and living in 
 an ag? when the greatest cruelties were practiced in the operations of warfare, 
 his rules as laid down often seem t9 have been the inspiration of barbarity itself, 
 rather than laws which should govern nations yet even he, in Books 3 "and 4 ; 
 insists that all acts of violence which have no tendency to obtain justice or 
 terminate the war are, at variance both with the duty of the Christian and with 
 humanity itsfelf. 
 Manning," an author of great force and clearness, says, (p. 164 :) 
 At the present day a mild and humane treatment exists with regard to pri.soners of war, 
 which is perhaps in some degree attributable to- the deference paid to the writings of Vattel 
 who appeared to have been the first- author w-ho established the true principle upon which 
 prisoners should be treated. Hesays that, " as soon as your enemy has laid down his arms 
 and surrendered his person, you have no longer any right over his life unless he should 
 give you such right by some new attempt, or had before committed against you a crime 
 deserving death." ''Prisoners of war," he says, "may be secured but cannot be made 
 ■ slaves unless for personal guilt which deserves death, nor be slain' unless we be perfectly 
 assured that our safety demands such a sacrifice." 
 
 After having discussed at some length this subject, he sums up the whole 
 question thus, (p. 165 :) 
 
 ■ It may be remarked in conclusion that the same principles which have been appealed to 
 in the preceding chapter afford also a clue to the right treatment of prisoners of war. The 
 usages of former' ages proceeded upon the supposition that any violence was allowed in war- 
 fare and that the rights of the victor upon the vanquished were unlimited,' and that having 
 the right to deprive his antagonist of life, the captor had a right to impose any treatment 
 Inore lenient than death upon his prisoner. But we have seen that so far from the rights of 
 the belligerent being unlimited, the law of nature strictly limits them to such violence as is 
 necessary, that thus, when an antagonist no longer resists, there can no longer be any right . 
 to use violence towards him ; and that whenever the purposes of warfare are not frustrated 
 by the granting of quarter, the belligerent cannot refuse to give quarter without a direct 
 violation of the law of nature, which warrants no further hardships towards prisoners than 
 is required by the purposes of safe custody and security. 
 
 Another author remarks : 
 
 Prisoners of war are indeed sometimes killed, but this is no othei-wise justifiable than it is 
 made necessary either by themselves, if they make use offeree against those who have taken 
 tbem, or by pthers who make use of force in their behalf and render it impossible to keep 
 them'; and as we may collect from the reason of the thing, so it likewise appears from com- 
 mon opinion, that nothing but the strongest necessity will justify such, an act, for the civ- 
 ilized and thinking part of mankind will hardly be p.ursuaded not to condemn it tjll they see 
 the absolute necessity of it. (Eutherforth's Institutes, page 525.) 
 
 ■ Kent, in speaking of the barbarous usages of war, checked and done away 
 with by the progress of civilization, says-: "Public opinion, as it becomes 
 enlightened and refined, condemns all cruelty and all wantori destruction of 
 life and property as equally useless and injurious, and it controls the violence 
 of war, by the energy and severity of its reproaches." " Grotious" he says, 
 " even in opposition to many of his own authorities and under a due sense of 
 the obligations of religion and humanity, placed bounds to the ravages of war, 
 and mentioned, that many things were not fit and commendable, though they 
 might be strictly lawful ; and that the la?v of nature forbade what the law of 
 nations (meaning thereby the practices of nations) tolerated." " Montesquieu" 
 
764 TRIAL OF HENRY WIEZ. 
 
 he says, " insisted that the laws of war give no other power over a captive than 
 to keep him safely, and that all unnecessary rigor is condemned by the reason 
 and conscience of mankind." "Vattel," he says, " has entered largely into the 
 subject, and he argues with great strength and reason and eloquence against all 
 unnecessary cruelty, all base revenge, and all mean and perfidious warfare ; and he 
 recommends his benevolent doctrine by the precepts of exalted ethics and sound 
 policy, and by illustrations drawn from some of the most pathetic and illustrious 
 examples." 
 
 To the same effect writes Wheaton (p. 586, and Halleck, p. — ,) 
 So strongly did the principles here laid down impress themselves upon our 
 government, that during General Jackson's administration Mr. Livingston, then 
 Secretary of State, instructed Mr. Buchanan, our minister in Russia, to 
 insert, in the treaty proposed to be negotiated, stipulations " in order to restrain 
 citizens or subjects of the one or the other of the high contracting parties 
 respectively from infringing any of the known rules of modern warfare ;" and 
 among other things mentions : . 
 
 For injuries offered to the bearers of flags of truce, for the massacre of prisoners who have, 
 surrendered, for the mutilation of the dead, for other breaches either of this treaty or of the 
 laws of nations ; for preserving peace or lessening the evils of war. 
 
 The object of this, Mr. Livingston said, was — 
 
 To express a national reprobation of the doctrine which considers a state of war as one 
 
 of declared hostilities between every individual of the belligerent nations respectively. 
 
 # #*^# jf jf- # * # # 
 
 To massacre an unresisting and unarmed enemy, to poison his provisions and water, to 
 assassinate a prisoner, and other similar acts, are universally acknowledged to be breaches 
 of international law, and to justify retalia'tion and an increase of the horrors of war. (Ex. 
 Doc. No, 111, 1st sess. 33d Congress, H. E.) 
 
 It would seem that these teachings, so long recognized, so long practiced by 
 civilized nations, ought to have found some advocate even among the councils 
 of treason. Whatever the form of government may have been to which the 
 leaders of the confederacy, so-called, aspired ; whatever of wrong and injustice 
 they sought to embody in their system; with whatever of oppression and 
 tyranny they sought to grind down their subjects, the moment they asked a 
 place among nations they were bound to recognize and obey those laws inter- 
 national which are and of necessity must be applicable alike to all. With what 
 detestation, then, must civilized nations regard that government whose conduct 
 has been such as characterized this pretended confederacy. An ordinary com- 
 prehension of natural right, the faintest desire to act on principles of common 
 justice, would have dictated some humane action, would have extorted from 
 some official a recognition of international rules of conduct. It was not retal- 
 iation, for they had the example of our government, in sending to their homes 
 on parole whole armies that had been captured ; it was not punishment, for these 
 unfortunate prisoners had been taken in honorable battle ; it was not ignorance, 
 of the law, for they had constantly with them all those great lights just quoted, 
 and if these failed to convince, they could have found recorded back of these, 
 '.' If thine enemy hunger, feed him," and still further back they might have 
 found an example worthy of imitation, which I cannot refrain from here giving. 
 A large number of Syrians had been by a cunning piece of strategy taken captive, 
 and became prisoners of war, whereupon the following dialogue occurred : 
 
 And the King of Israel said unto Elisha, when he saw them, my father shall I smite them ? 
 Shall I smite them 7 And he answered, thou shalt not ^rnite them ; wouldst thou smite those 
 whom thou hast taken captive with thy sword and with thy bow 7 Set bread and water 
 before them, that they may eat and drink and go to their master. And he prepared great 
 ■provision for them ; and when they had eaten and drunk he sent them away and they went 
 to tbeir master. 2 Kings, chap. vii. 
 
 No, gentlemen, it was not retaliation, punishment^ nor ignorance of the law ; 
 it was the intrinsic wickedness of a few desperate leaders, seconded by mercenary 
 and heartless monsters, of whom the prisoner before you is a fair type. 
 
TRIAL OP HENRY WIRZ. 765 
 
 CRUELTIES PRACTICED TOWARDS PRISONBKS. 
 
 Thus far we have not pretended to enter with any particularity into the ques-' 
 tions of the cruel treatment of prisoners. There may be two objects, or two 
 veasons for, at this time, dwelling more in detail upon the conduct of the pris- 
 oner. These are, first to connect him more certainly with the conspiracy, and 
 second, to enable us more understandingly to examine the second charge. Here, 
 as at other points in the argument, I desire only to present the evidence, avoid- 
 ing all embellishment and all augmentation, for this case must be decided upon 
 the facts proven, and not the coloring of counsel. 
 
 I cannot hope to recapitulate all the facts bearing upon this point, as it will 
 be remembered that each day's record bears witness to an accumulation of hor- 
 rible details which there can be no necessity for now repeating, and to give all 
 of which would require almost the entire proceedings to be duplicated. We may, 
 however, perhaps to some purpose, present briefly the proofs of each phase of 
 cruelty alleged. 
 
 STOPPI.VG OF RATIONS. 
 
 It will be remembered that upon the first day of the arrival of the prisoner at 
 Andersonville and of his taking charge of the prison, the rations of the whole 
 camp were stopped for no other reason than to facilitate him completing the rolls 
 and roster of the prisoners. The testi'mony on this point is so wide-spread, and 
 comes from so many sources — i-froni witnesses on the defence as well as from 
 witnesses on the part of the government — that the fact cannot be denied. 
 Nothing but the strongest necessity, after all other means had been exhausted, 
 could justify a measure of this character, for no other purpose than that alleged 
 in defence, merely to secure a correct account of the prisoners. An intelligent, 
 and humane mind can conceive of very many methods that wculd suggest them- 
 selves before a resort to such an extreme measure as this. There was an impas- 
 . sable stream, made so by the swamps bounding it, running through nearly the 
 centre of the stoekade. At that time there was only about 8000 prisoners in 
 the stockade If it was merely the desire of the prisoner to correct his rolls, and 
 not to inflict a cruel punishment upon the prisoners, many of whom were then 
 reduced to mere skeletons by the deprivations and exposure to which they had 
 been subjected at Belle island and in other prisons, what was there to prevent 
 him from placing them all on one side of that stream and transporting them, 
 counting them as they crossed the bridge to the other side ? This is one of many 
 simple means that .could have been resorted to without depriving the prisoners 
 of any part of their scanty rations. But as we advance in the testimony and 
 follow this prisoner through the many succeeding months of torture inflicted by 
 him, we cannot resist the conclusitfn that this was intended only as the begin- 
 ning of greater sufferings and greater punishments. We find also, from the con- 
 current testimony of all the witnesses, both for the prosecution and the defence, 
 that a, rule was daily established and adherd to throughout, stopping the rations 
 of a whole squad of 90, or a division of three nineties, whenever, upon the roll- 
 call, it was discovered that any one man of that squad- or division was absent 
 and could not be accounted for. This occurred times too numerous to mention , 
 as we learn from the testimony of many witnesses. The- same witnesses have 
 also informed us that it was absolutely impossible, owing to the peculiar circum- 
 stances which were themselves the result of their treatment and the result of 
 the common design to destroy, to prevent an unbroken number at roll call or 
 give satisfactory excuse for the absence of particular prisoners. 
 
 We know that diarrhoea and dysentery prevailed to an alarming extent; that 
 prisoners were compelled to go to the stream for the purpose of defecation; that 
 often they would fall by the way or be compelled to remain at the sinks, or, 
 
766 TRIAL OF HENRY WIRZ. 
 
 owing to their sickuess and debility and the crowded state of the prison, would 
 be totally unable to return to their quarters. This the sergeants could not and 
 did not always know, or if they did, and gave it as an excuse, it was not received 
 as satisfactory. The order of the prisoner in such cases was to stop the rations of 
 the whole 90 as a punishment, thus imposing undeserved suffering, I will not 
 say upon the innocent, because all were innocent, but upon the unoffending as 
 well as upon those who were classed as offenders, but who were not such, 
 because they were governed by an overpowering necessity. All the cases were 
 most cruel and inhuman violations of the laws of war, so well defined, and in vio- 
 lation also of every principle of justice and humanity. You will remember that 
 the rations of the whole stockade were stopped July 3d and 4th, for the alleged 
 reason that information had been given of numerous prisoners intending about 
 that time to " tunnel out of that horrible pen," the order being that no rations 
 should be issued to the camp till the " culprits," as they were called, could be 
 found and given up. Many of the witnesses told you they had been promised 
 double rations on Independence Day, and they were expecting to celebrate the 
 occasion. The 3d of July came and no rations ; the 4th came and no rations ; and 
 instead of jollification and feasting, starvation and suffering were theirs ; instead 
 of a universal jubilee they were all compelled to turn spy and inform on their own 
 comrades, who were doing no more than their duty required of them to their 
 gove''nment, or submit to further torture of their prison- keeper. Who can 
 know the consequences of such rigorous- treatment ? Who shall say that scores 
 of these men, thus shut oif from even their inadequate supplies, did not owe 
 their deaths directly to the hands of this prisoner 1 
 
 THE DEADLINE. 
 
 While treating of the rigors of prison life at Andersonville, let us here notice 
 for a moment the establishment of the dead-line. Without stopping to dwell 
 upon the fact that the strip twenty feet wide- extending around the entire enclo- 
 sure, needlessly taken from the area allotted to the prisoners, was of itself a cause 
 of great suffering, as it necessai'ily deprived the prisoners of that much room, 
 let us notice to what extent it was resorted to as a means of death to our sol- 
 diers. 
 
 The oi'der was absolute and imperative, and came directly from the prisoner 
 at the bar to his subalterns and the guards on duty at the stockade, tbat any 
 prisoner of war crossing the dead-line should be shot. 
 
 I do not pretend to claim that the mere establishment of such a line, or the 
 orders given with regard to it, of themselves constituted crime, or of themselves , 
 show any criminal intent, for we know as soldiers that lines are drawn around 
 encampmeats beyond which soldiers are not allowed to pass ; that there are 
 picket lines to armies which cannot be penetrated except in violation of orders; 
 that where, as in this case, a prison is overcrowded, some such measure may be 
 necessary for the safety of the prisoners ; but wliat we complain of, and what 
 we insist was a barbarous violation of every principle governing in like cases, 
 was the utter recklessness with which these orders were enforced — the shooting 
 of piisoners who were not in any way attempting to escape, but who, by acci- 
 dent in that crowded place, might happen to be pushed upon that line, or who 
 might reach under it for a piece of bread, or to regain any little articles of their 
 own which they had accidentlly dropped, or who were attempting at the stream 
 to reach under this line toobtain a cup of water, when all outside ofit was reek- 
 ing with impurity — that in cases of this kind, with the full knowledge and appro- 
 val of the prisoner, and not only that, but by his direct orders, these hapless sol- 
 diers were fired upon. 
 
 It will be remembered that during the whole course of this trial no instance • 
 has been shown where a soldier confined in the Andersonville stockade was shot 
 at the " dead-line" while making any attempt to escape; while the cases are 
 
TRIAL OP HENRY WIRZ, 767 
 
 numerous — some of which will be hereafter noticed under charge second — 
 where prisoners wholly unoffending were shot; 
 
 The law governing in cases'of this kind is as well defined as the law upon 
 any other point; and it will be seen upon an examination that nothing would 
 justify a. soldier oa dutyin shooting a prisoner under his charge, unless the pris- 
 oner was attempting to escape, or the guard had reasonable cause to believe that 
 that was his purpose. 
 
 Every act of shooting which resulted in death, under the orders given in this 
 instance, was murder on the part of the officer giving the order, and of the sol- 
 dier executing it. . 
 
 A case in point is given in Scott's Dictionary, (page 267:) 
 
 Ensiga Maxwell was tried in] 807, before the High Courtof Justiciary of Scotland, for the 
 murder of Charles Cottier, a French prisoner of war. at Gveenlow, by impropeily ordering 
 John Low, a sentinel, to fire into a room where Cottier and other prisoners were coniSned ; 
 aud so causing him to be mortally wounded. Maxwell was in charge of 300 prisoners of 
 war; the building in which they were confined was of no great strength and afforded some 
 possibility of escape ; to prevent which, the prisoners being turbulent, an. order was given 
 that all lights were to be put out. at 9 o'clock ; if not done at the second call, the guard would 
 ■fire upon the prisoners, due notice having been given them. On the night in question there 
 was a tumult in prison. Maxwell's attention boing drawn to it, he observed a light burning 
 beyond tbe appointed hour and twice ordered it to'be put out ; this order not being obeyed,' he 
 directed the sentry to fire, which he did, Cottier receiving a mortal wound. Maxwell was 
 found guilty, with recomuiendatiou to mercy, and was sentenced to nine month's imprison- 
 ment. 
 
 It is laid down, * * a book of authority, that if a ship's sentinel 
 shoot a man because he persists in approaching the side of the vessel when he 
 has been ordered not to do so, it will be murder uoless such an act be for the 
 ship's safety. (Ibid, 268.) 
 
 The case of Rex vs. Thomas sustains this opinion. 
 
 The case of Maxwell is similar in many respects to instances of shooting on 
 the dead-line given in evidence, and bears directly upon the guilt of the prisoner 
 at the bar ; the case of Rex versus Thomas bears directly upon the soldier 
 itl the reckless carrying out of the orders given with regard to the dead-line. 
 
 I would fail in my duty if I were not to notice, in this connection, a feature 
 of this "dead-line" which has been indignantly denied by the counsel for the 
 prisoner, but which is too strongly proved for us to resist belief; and that is the 
 iudaceraent held out to the guards by the promise of a furlough to every one 
 who should shoot a Union prisoner at the " dead-line." 
 
 The evidence of this is both direct and circuinstantial. Some of the wit- 
 nesses heard the prisoner at the bar speak of it as a fact ; I shall not repeat the 
 language he used on those occasions, as it was profane and vulgar; others give 
 the declarations of the guards at the time of shooting prisoners, which was 
 properly admitted by the court as a part of the res gcstce';, still otbers speak of 
 its being the custom almost universally to relieve a guard s'oon after his having 
 shot a prisoner ; one of them, it will be remembered, speaks of the guard calling 
 for the corporal immediately upon shooting a prisoner, and states that the corporal 
 came, went away again, and in a few moments returned with a sentinel who 
 relieved the one then on the post. 
 
 The rebel soldiers who were here as witnesses testify that although they never 
 knew of a case where a furiough was granted for that cause, yet it was talked of 
 among the troops at the post. An examination of the record will show that at 
 lease forty witnesses have testified to these facts, the name of whom it is hardly 
 necessary to mention. When we remember the horrors of that place and the 
 many modes of cruelty resorted to, the systematic starvation of prisoners, the 
 recklessness of life and the absence of all humanity in the conduct of the prison, 
 it is not difficult to believe even this to b.e true. 
 
 It is said for the defence by officers who were on duty at Andersonville 
 
768 TEIAL OF HENEY WIEZ. 
 
 that they never knew or heard of a case where a soldier received a furlough for 
 this cause. 
 
 This may be true, and the fact remain as claimed. The oflScers who testified 
 were not the officers in all cases who granted furloughs ; some of them were ■ 
 required to approve, but none of them had this matter of furloughs in their hands. 
 They did not pretend to deny that such furloughs might have been granted 
 without their knowledge ; they did not pretend to deny that in cases of this kind 
 the reasons for granting the furloughs would not be given upon paper ; they did 
 not pretend to deny that soldiers procured furloughs through the influence of 
 the prisoner ; indeed they said that under the organization of that prison, even 
 officers of the rank of colonel, on duty with the troops, received their leaves of 
 absence through the prisoner, who was himself but a captain. 
 
 This negative evidence — the only evidence presented by the defence — cannot 
 explain away circumstances so plainly pointing to guilt. 
 
 May not the reward tlius given explain to this court the fact that in no 
 instance was a prisoner of war shot in the act of escaping or under circumstances 
 justifying the sentinel in supposing that to be the intention of the prisoner shot ; 
 and may it not explain the criminal recklessness in this particular shown through- 
 out the whole trial ? 
 
 THE STOCKS. 
 
 There was another mode of punishment instituted at that prison and carried 
 on under the direction of this prisoner which we must notice ; aud that is the 
 stocks. 
 
 These implements of torture were of two kinds : in the one the prisoner was 
 lashed to a wooden frame-work, his arms extended at right angles from his body, 
 and his feet closely fastened ; and in this Condition, unable to move either hand 
 or foot, he was compelled to stand erect, or, as was sometimes the case, to lie 
 upon the ground with his face turned upwards, exposed to the heat of the sun 
 and to the rain ; in the other the prisoner's feet were fastened in a wooden frame, 
 and so much elevated, above the centre of gravity that it was difficult for him to 
 sit, and he was therefore compelled to lie on his back with his face exposed to 
 the sun. 
 
 This was a favorite mode of punishment with the prisoner. Witnesses have 
 given very many harrowing aud frightful pictures of its tortures. Martin E. 
 Hogantells us,(p. 320; manuscript, p. 215:) 
 
 I escaped from the prison about the 8th of Qctober, and was captured about two days 
 afterwards and brought back. After some of the most profane abuse'from Captain Wirz that 
 I ever heard from the lips- of man I was ordered to the stocks. I was fastened at the neck 
 and ankles aud left for 68 hours without food, except such as was stolen to me by my 
 paroled comrades. 
 
 I. R. Achuff, a prisoner who had escaped by bribing a guard, and who was 
 afterwards caught by dogs and returned to Andersonville, says, (p. 1S85; manu- 
 script, p. 466.) 
 
 I was taken to Captain Wirz. He ordered mo into the stocks. I was put into the stocks 
 with my hands fastened by a board and my arras • stretched out. I was kept in the hot 
 broiling sun for 36 hours. I had nothing to eat, and but two drinks of water. When I ap- 
 pealed to Captain Wirz about it, he told me to dry up or he would blow my damiied brains 
 out, that I deserved to be bung. After I was taken out of the stocks I was ii'oned ; I had 
 shackles fastened around each leg, an iron ring and a bar of iron between iny legs. 
 
 Thomas [Joseph] Adler (p. 1210 ; manuscript, p. 531,) says : 
 I know of one mau who was lying senseless in the stocks for three hours before they would, 
 take him out. The order was to leave him in till Captain Wirz ordered him taken out.' 
 The captain was nowhere to be found, and the guard did not dare to take him out, and he 
 lay five or six hours in the stocks until'Captain Wirz came and they took him out. He 
 was in there for trying to make his escape. 
 
TRIAL OF HENRY WIRZ. 769 
 
 : Thomas N. Way, having attempted to escape, was captured by dogs and 
 brought back, and was taken to headquarters. He says, (p. 1225 ; manuscript, 
 p. 550 :) 
 
 Captain Wirz said, " I am going to take care of you this time ; I put you in the stoclis for 
 four days. 
 
 He was so confined, and upon the same page, in answer to the question, " Ex- 
 plain what was the effect of the stocks upon you ?" he says : 
 
 It was very severe. I was laid on my back with my feet and arms in the stocks so that 
 I could only move my head. My face was right upwards to the sun. I was four hours in 
 and one hour out during the 24 hours. 
 
 William M. Peebles, a rebel employ^ at Andersonviile, says : 
 I was passing around one day during a hard storm, and I saw a prisoner in the stocks. 
 He seemed to be near drowned. I rode up and put an umbrella over him. I passed up to 
 Captain Wirz's headquarters, and told' him the prisoner was there and might drown. He 
 remarked, " Let him drown," usijig an oath. His words, as well as I can remember, were, 
 "Let the damned Tankee drown ; I do not care." In a few minutes afterwards some one from 
 his headquarters went down and released the prisoner. 
 
 This is the testimony of a few, which is confirmed by the stones of many 
 others. This mode of punishment was resorted to on the most trivial occasions, 
 and for the most trivial offences, usually, however, in cases where prisoners had 
 attempted to escape, or had made their escape and been recaptured. 
 
 la there any defence for this barbarous method of punishment ? Was not 
 the punishment wholly out of proportion to the violation of prison rules ? Can 
 it be defended upon any known laws of war 1 When Colonel Chandler, a rebel 
 officer, was put upon the stand, (p. 1610; manuscript, p. 742,) he was asTied 
 this question : 
 
 In your report you speak of paragraph 4 of the rules submitted by Captain Wirz which 
 you did not approve. Can you tell us what that paragraph was ? 
 
 His reply was : 
 
 I cannot speak positively as to that ; my impression now is, that it had reference to pun- 
 ishing men who attempted to escape. I remember having a conversation with General 
 Winder.on this subject, and calling his attention to the fact that it was the duty of a soldier 
 to his country to escape if he could, and that it was his ( Winder's) duty to keep him ; to pre- 
 vent his escape, but not to punish him for doing his duty ; and he concurred in that. 
 
 Colonel Chandler stated what all writers lay down as the law upon this sub- 
 ject. (See Woolsey's International Law, sec. 128; Heften, 129 ; Poison's Prin. of 
 Law of Nations, 42.) The prisoners, then, in attempting to escape, were not 
 committing an offence, but were in the exercise of a duty they owed, not only 
 to their own self-preservation, but to the government they served; and the 
 infliction of infamous, disgraceful, and cruel punishment for the exercise of this 
 right, was as illegal as it was barbarous. It would have been lawful to shoot 
 down a prisoner of war in the act of escape, or in the act of trying by force or 
 stealth to pass the guard; but having escaped and being recaptured, and in the 
 power of his captors, that moment it was the captors' duty to protect and save 
 him from violence, rather than inflict upon him such tortures as we have described. 
 
 THE CHAIN-GANG. 
 
 Another mode of punishment, not less cruel and infamous than the stocks, 
 was the chain-gang, and the use of balls and chain. 
 
 Jaspar Culver describes this relic of barbarism. He says : 
 
 I saw 12 men in the chain-gang, chained together, under guard. They came down to the 
 bakery to wash. I gave them some water in pails to wash, and also carried their rations to 
 them from-the bakery. I saw them almost every day for over a month or six weeks ; they 
 were together. 
 
 I may remark here, that the witnesses concur in the statement that the chain- 
 gang was a permanent thing, but that the men composing it were changed from 
 "FT. Ex. Doc. 23 49 
 
770 TKIAL OF HENRY WIKZ. 
 
 time to time, some being taken out and others substituted. The witness con- 
 tinues : 
 
 They were chained in two files, with a 32-pound ball chained to each outside leg of the 
 file on the right side, and on the left leg of the left file; then they were chained to what 
 seemed to be two 100-pound balls — at least they called them 100-pounders. There were 
 three men in each file, with chains attached to each one of these 100-pound balls. They had 
 also a band of iron riveted around each man's neck, and a chain attached from one man to 
 another. If one man moved, the whole twelve had to move. 
 
 The prisoners were thus confined, for offences similar to those before men- 
 tioned, often, as we learn, when sick, and at all times with a total disregard of 
 any precautions against exposure, or any provision for their subsistence. 
 
 The mind needs no aid to discover at once the severity of such punishment, 
 nor does the conscience need to be quickened by being reminded of the law in 
 order to condemn this shockingly brutal practice. 
 
 OTHER PDNISHMBNTS. 
 
 Another means of punishment, not greatly differing from this, was the use of 
 the ball and chain, which was a sort of adjunct to the chain-gang, and a part of it, 
 and need not be dwelt upon. 
 
 There were still other modes of punishment and tortures which must not be 
 overlooked ; these were bucking and. gagging, tying up by the thumbs, flogging 
 on the bare back, and chaining to posts and trees. 
 
 The first of these is inflicted by fastening a stick in the mouth so as to keep 
 the Tnouth constantly open ; the hands are then tied together and placed over 
 the knees, and a stick is passed over the arms and under the legs, bending the 
 victim almost double. 
 
 Thomas N. Way, after describing this punishment, (p. 1262 ; manuscript, 
 p. 551,) says: 
 
 The result is that you cannot speak. It is pretty severe punishment. I have seen a 
 hundred men or more punished in that way. 
 
 From the same witness we learn something of the cruelty of tying up by the 
 thumbs. In reply to the question — 
 
 I State what you know of your own knowledge with regard to personal acts of cruelty com 
 mitted by him (the prisoner) at Andersonville ? (p. 1254 ; manuscript, p. 549) — 
 
 He says: 
 
 I know what he did to myself. I was in the stocks eight or ten days. I was bucked and 
 gagged a day and a half. I was tied up by the thumbs for fifteen minutes because I was 
 sick, and unable to fall in to roll-call. 
 
 Q. Was all this by order of Captain Wirz 1 
 
 A. Yes, sir ; I heard him giro the orders. 
 
 Q. Describe the punishment of being tied up by the thumbs. 
 
 A. I was taken and held up with my arms elevated ; a guard took me on each side ; I 
 could not stand myself ; they tied my thumbs by strings, and then let me hang with my feet 
 some distance from the ground, the whole weight of my body on my thumbs. I could not 
 use my hands for two months afterwards. 
 
 Several instances of flogging have been testified to. Captain Honeycutt, a 
 rebel soldier on duty at Andersonville, says : 
 
 I saw one of them (the prisoners of war) whipped ; I did not count the strokes, but to the 
 best of my knowledge, it was about twenty-five or thirty; he was a white man; I saw a 
 man come from Captain Wirz's quarters, who took him out and whipped him. 
 
 He was a prisoner who had attempted to escape by blackening his face, and 
 passing out of the stockade among a squad of negro laborers. This person, 
 Vicentia Bardo, was subsequently put upon the stand as a witness for the 
 defence. The object of the counsel for the prisoner in calling him was, it is 
 supposed, for the purpose of discreditiog a government witness, who said he 
 thought the prisoner himself applied the lash, or gave the order. Bardo, how- 
 
TRIAL OF HENRY WIRZ. 771 
 
 ever, says that after his capture he was sent down to the front of the " Dutch 
 Captain's " quarters. He then states : 
 
 A lieutenant, I don't know his name, asked me what I was doing around there » » * 
 Then he took hold of me, and took me and put me in the stocks ; the stocks came around my 
 neck, and my hands were stretched out; he gave me 25 lashes on my back. When I was 
 taken out of the stocks !■ was put in the stockade for four hours ; then put in the stocks 
 again for four hours, and then I was put in the stockade again. 
 
 It is immaterial who inflicted the lashes, the fact not heing doubted that it 
 was done by the prisoner's orders, as we learn from other witnesses. It will be 
 remembered that two other prisoners, colored soldiers, were given by orders of 
 the prisoner 250 lashes each on the bare back. One of these men was punished 
 because he refused to work in the intrenchments, owing to sickness, resulting 
 from a wound he had received in battle, and the other for the alleged ofience of 
 forging a puss. Whipping as a punishment was long since abolished in the 
 navy by act of Congress, and prohibited in the army by general orders. That 
 it should have been revived at Andersonville is not strange when we reflect 
 upon the many and more severe modes of punishment adopted. 
 
 The last in the catalogue of punishments which we shall notice here is described 
 by the witness De La Baume, (Record, p. 1933 ; manuscript, p. 859,) and the 
 incident occurred in the month of December, 1864. Speaking of one of his fel- 
 low-prisoners, he says : 
 
 I saw him tied with an iron collar around his neck to a post. As I was passing I heard this 
 man say something to Captain Wirz, whereupon Captain Wirz said, "One word more and 
 I will blow your damned brains to hell," holding a pistol towards his head. 
 
 The witness then presented to the court a pencil sketch of the scene, repre- 
 senting the guard with drawn sabre and the prisoner with his pistol in his hand. 
 The evidence presents may phases of these different modes of punishments, which 
 I will not torture myself or you by here presenting. It was a system, not only 
 illegal and in violation of all the laws of war, but cruel, inhuman, and damning 
 to its perpetrators. In no instance given in this record was there a provocation 
 for a single act of this kind. It will not do to say that some of these modes of 
 punishment are resorted to in armies; it wid not do to say that they are 
 legalized by State laws of the south, in the case of criminals ; it will not do to 
 say that the discipline of that prison required rigors of this kind. The relations 
 sustained by prisoners of war to their captors present a case quite different fi-om 
 either of those mentioned. In the barbarous ages, we learn from Vattel and 
 Grrotius that prisoners of war became the property of the captors' and could be 
 sold or put to death at his will, but the progress of civilization modified this 
 manifestly unjust rule, substituting those already referred to. From these it 
 will be seen that the relation is a fiduciary one, imposing an obligation upon the 
 captor wholly at variance with such cruelties as have just been recounted. A 
 prisoner of war does not become a criminal until he commits a crime, and 
 the captor has no right to inflict upon him the punishment of criminals until he 
 shall have committed a crime, and not then until after trial and conviction before 
 a proper tribunal. 
 
 USB OF HOCNUS. h 
 
 In this connection, as further illustrating the barbarous treatment of our sol- 
 diers and the cruelty of the prisoner at the bar, as well as systematic violation 
 of the laws of war at Andersonville, it seems proper to notice the method adopted 
 for recapturing prisoners. 
 
 The court will remember that the counsel for the prisoner laid great stress on 
 the fact that a law existed in the State of Georgia authorizing the use of dogs 
 for the capture of fugitive slaves, and attempt was made to prove by Judge Hall, 
 the witness who testified to this fact, that a justice of the supreme court of that 
 State had made a decision sustaining the law. The court very properly excluded 
 
772 TRIAL OF HENRY WIRZ. 
 
 the evidence, but I will give the prisoner the benefit of the decision. It was 
 made by Justice Lumpkin, and is another evidence of the extent to which a 
 naturally strong mind may be warped and turned from a strict view of justice 
 when compelled to square it with a system of slavery. The case referred to is 
 "Moran vs. Davis," (18 vol. Ga. Reports.) The facts were substantially these: 
 A negro ran away, was pursued by dogs, and in trying to escape from them 
 plunged into a creek and was drowned. The slave had been hired to the man who 
 purpued him, and the owner brought suit for the value of the negro. The court 
 below held " that the hirer or overseer had no right to chase the slaves with 
 such dogs as may lacerate or materially injure the slave; should he do so he 
 will be responsible to the owner for all damage that may ensue to the slave." 
 Exceptions were taken to the rulings of the court, and on appeal Justice Lump- 
 kin reversed the decision, remarking, " The South has already lost -60,000 slaves, 
 worth between 25 and 30 millions of dollars. Instead, therefore, of relaxing the 
 means allowed by law for the security and enjoyment of this species of property, 
 the facilities afforded for its escape, and the temptation and encouragement held 
 out to induce it, constrain us willingly or otherwise to redouble our vigilance and 
 to tighten the cords that bind the negro to his condition of servitude, a condi- 
 tion," he adds with a flourish of rhetoric and a shameful distortion of scripture, 
 " which is to last, if the apocalypse be inspired, to the end of time." 
 
 Unfortunately for the argument of counsel, prisoners of war are not property, 
 neither are they slaves, and with all his adroitness he can hardly torture this 
 case to his purpose, especially in view of the fact that the decision was given 
 in support of a relic of the dark ages now happily passed away. 
 
 When two nations are at war, neither has a right to prescribe a code of laws 
 for the other; a, moment's reflection will show the injustice of such a thing; 
 but both are governed by a higher law than that prescribed by either — that is, the 
 law governing civilized nations ; and it seems to me that no refinement of reason- 
 ing is necessary to show that Judge Lumpkin's decision, given iu the interest 
 of barbarism, is plainly in violation of the rules of enlightened civilization. Dogs 
 were kept at Andersonville from the organization to the close of the prison, and 
 of this the rebel government had notice from several sources. Dr. Eldridge 
 reported it, as we learn from Exhibit No. 15, A ; (manuscript, p. 654.) The pris- 
 oner also reported it, as we learn from Exhibit No. 13. Mr. Benjamin Harris 
 and a man named W. W. Turner were employed and paid for this despicable 
 business. The first named, a citizen, was a professional negro catcher who 
 kept a pack of hounds for that purpose ; the other was a detailed soldier, detailed 
 by order of General Winder, and paid as an extra duty man. (See testimony 
 of Colonel Fannin, Captain Wright, and Ambrose Spencer.) These hounds 
 were fed with provisions taken from the cook-house and furnished the prisoners 
 of war, taken, too, from the scanty supply issued by the commissary for those 
 prisoners. (See testimony of Jasper Culver.) They were mustered into the 
 military service of the rebel government the same as cavalry horses. (See testi- 
 mony of Colonel Gibbs, commandant of the post at Andersonville.) They were 
 of two kinds, "tracking hounds" and "catch dogs," and if anything were want- 
 ing to show the deliberate purpose to injure prisoners by resorting to this means 
 of capture it would be found in the presence in these packs of hounds of " catch 
 dogs," which are described by many as fierce and bloodthirsty. If there had 
 been no desire to injure, why were they used at all 1 They have none of those 
 qualities peculiar to the tracking; they run only by sight, and, as has been testi- 
 fied to, always remained with x\u; pursuer until approaching a prisoner. The 
 tracking hounds would have been sufficient to discover the prisoners, and as 
 they are usually harmless, would have served the purpose of the pursuer and at 
 the same "time inflicted no injury upon the pursued. The evidence, however, 
 convinces one that this was only another means of putting prisoners of war out 
 of the way. The prisoner at the bar frequently accompanied Harris and Turner 
 
TRIAL OP HENEY WIEZ. 773 
 
 in tbeir chases after prisoners, and, as we shall see hereafter, gloated ovev the 
 pain inflicted by those bloodthiisty beasts. Cannot we safely stop here and 
 ask that the prisoner at the bar be recorded as one of the conspirators ? I know 
 that it is urged that during all this time he was acting under General Winder's 
 orders, and for the purpose of argument I will concede that he was so acting. 
 A superior officer cannot order a subordinate to do an illegal act, and if a sub- 
 ordinate obey such an order and disastrous consequences result, both the superior 
 and the subordinate must answer for it. General Winder could no more com- 
 mand the prisoner to violate the laws of war than could the prisoner do 
 so without orders. The conclusion is plain, that where such orders exist both 
 are guilty, and a fortiori where the prisoner at the bar acted upon his own 
 motion he was quilty. You cannot conclude that this prisoner was not one of 
 the conspirators because he is not shown to have been present and to have acted 
 in concert with all the conspirators. If he was one of the conspiracy to do an 
 illegal thing, it matters not whether he knew all his co-conspirators or partici- 
 pated in all that they did. It is not necessary to prove any direct concert or 
 even meeting of the conspirators. A concert may be proved by evidence of a 
 concurrence of the acts of the prisoner with those of others, convicted together 
 by a correspondence in point of time and in their manifest adaptation to effect 
 the same object. (Starkie's Evidence, pp. 323-4.) These rules of law place 
 beyond doubt the guilt of the prisoner, for in every respect there is plainly dis- 
 coverable "a correspondence of lime and a manifest adaptation to effect the same 
 object," in all that he did ; and these principles apply not only to the prisoner, 
 but to all others on duty at Andersonville, whose acts concurred with those of 
 others of th'e conspiracy and were adapted to effect the same object. 
 
 The prisoner at the bar appeals to you through his letter of May 7lh, directed 
 to General Wilson, and asks, " Shall I now bear the odium (and men who were 
 prisoncs here have seemed disposed wreak their vengeance upon me for what 
 they have suffered) who was only the medium or I may better say the tool in 
 the hands of my superiors." Strongly as it may strike you that strict justice 
 would require the punishment of the arch-conspirator himself; strongly as this 
 wreck of a man, with body tortured by disease and over whom already gather 
 the shadows of death, may appeal to your sympathies, you cannot stop the 
 course of justice or refuse to brand his guilt as the law and evidence direct. 
 While I would not dignify the chief conspirators in this crime without a name 
 by associating with them the prisoner at the bar, yet he and they, so closely 
 connected as they are, must share the same fate before the bar of a righteously 
 indignant people. Nothing can ever separate them, and nothing should prevent 
 their names going down to history in common infamy. 
 
 I have said that Phillip II had his Alva, that Jefferson Davis had his Winder, 
 I might add that the Duke of Alva had his De Vargas, and Winder his Wirz. 
 As the Duke of Alva rises out of the mists of history the agent of a powerful 
 prince, so Winder stands out with fearful distinctness no less perfect for his 
 willing obedience to the government he served than for his skill to devise and 
 ability to select agents as capable to execute the refinements of cruelty. Nor 
 does the parallel cease here ; has not history repeated itself in making Wirz a 
 man cast in the san?e mould as the infamous De Vargas, a hand to execute with 
 horrible enthusiasm what his superior had the genius to suggest ? 
 
 Motley tells us in his "Else of the Dutch Republic," vol. II, p. 140, of these men 
 Alva and De Vargas, whose spirits, after the Pythagorian theory, seemed to have 
 centuries afterwards infused themselves into the bodies of this prisoner and his 
 immediate superior, Winder. He says of the subordinates of Alva : 
 
 Del Eio was a man without character or talent, a mere fool in the hands of his superior ; 
 hut Juan de Vargas was a terrible reality — no better man could hare been fouud in Europe 
 for the post to which he was thus elevated. To shed human blood was in his opinion the 
 pnljf importaut husiuess, aud the only exhilarating pastime of life. 
 
774 TEIAL OF HENRY WIEZ. 
 
 He oxeciited the bloody work with an industry which was almost superhuman, 
 and with a merriment which would have shamed a demon ; his ■ execrable jests 
 ringing through the blood and smoke and death cries of those days of perpetual 
 sacrifice. There could be no collision where the subaltern was only anxious to 
 surpass an incomparable superior. 
 
 There are other conspirators in this crime whom we must notice further than 
 has yet been done, before coming to charge second ; these are Surgeon Isaiah 
 H. White and Surgeon R. R. Stevenson. Surgeon White, as we have already 
 seen, went to Andersonville under orders from the rebel war department, and 
 was there at its organization. It is he who was reponsible for the erection, man- 
 agement and condition of the hospital there, which Dr. Jones said did not deserve 
 the name, and to enter which as a patient was almost certain death. It is he to 
 whoseaccount stands recorded the deaths of over 9,000 prisoners ; whose neglect, 
 malpractice and prostitution of his abilities as a surgeon make him no less a 
 criminal in the light of testimony showing a criminal intent than if he had delib- 
 erately killed those who were placed in his charge ; and of his criminal intent 
 there can scarcely be any doubt, when it is remembered that in his house, and 
 in his presence, letters directed to Union prisoners wore opened, rifled of their 
 contents, and their messages of love turned into " merrymakings," as we learn 
 from the evidence of Lewis Dyer. It was be who often spoke of the mortality 
 with shocking levity, and who uniformly neglected to take any notice of the 
 suggestions made by the surgeons in their morning reports to him. It was he 
 who drove Major Boyle out of the hospital in the stockade, and refused to allow his 
 wound to be dressed because he was an officer of a colored regiment. It was he 
 who established the system, and enforced it by orders, of practicing By formulas 
 and numbers, which, in the opinion of Drs. Rice, Head, and Thornburgh was the 
 sheerest empiricism. It was he who kept in his employment as hospital 
 steward, one Dr. Kerr, who in the disguise of a federal soldier robbed the patients 
 in the hospital, and was a man of a notoriously cruel and brutal nature ; and it 
 was he with regard to whom Surgeon General Moore remarks in his indorsements, 
 (see Exhibit 24; manuscript, p. 695,) "not having supplies is his own fault; 
 he should have anticipated the wants of the sick by timely requisitions ;" and 
 who, upon the recommendation and by the order of this same surgeon general, 
 in the face of the fact of his incompetency, was less than two months afterwards 
 assigned to duty as surgeon-in-chief of all the military hospitals east of the 
 Mississippi, and who departed from Andersonville in company with and on the 
 staff of General Winder, rewarded rather than punished, as was this general, for 
 hi faithfulness in carrying out this conspiracy. 
 
 With all Dr. White's incompetency, and, as we learn from Dr. Bates's testimony, 
 stepping into the shoes of his predecessor without instituting a single reform or 
 showing himself in any way his superior, was Surgeon R. R. Stevenson. Fm-- 
 ther than this, indeed, he showed himself not only willing to perpetrate the evils 
 that existed under Dr. White, but he showed himself also wanting in the prin- 
 ciples of honesty. It is not necessary to enter into the details of his admin- 
 istration. We learn enough of him through the witnesses, Drs. Bates, Roy, 
 Flewellen, Thornburgh, and Rice. 
 
 The evidence of these witnesses and others show that he refused to distribute 
 bed-sacks and bedding to the sufiferiug patients for the alleged reason that they 
 would be destroyed ; that he refused to allow Dr. Rice to go home' and bring 
 vegetables that were rotting in his garden for the use of the sick, or to send a 
 person for them ; that he constantly converted to his own use and loaded his 
 own private table with viands sent for distribution among the sick ; that he mis- 
 appropriated the hospital fund, which accumulated by commuting in money a 
 ration for each patient, at the rate under his administration of about two dollars 
 per ration, and to increase which we learn, from the evidence of Dr. Thornburg, 
 he caused to be entered upon the hospital register the names of hundreds of 
 
TEIAL OF HENRY WIKZ 775 
 
 persons as having been ti-eated in the hospital who really died in the stockade 
 without any medical treatment whatever ; andnhat for his glaring malfeasances 
 and" crime he was compelled to leave that post. 
 
 VACCINATION. 
 
 The record so far presented cannot fail to excite a feeling of horror and dis- 
 gust ; but there is still another and a very important feature of the case yet to 
 be brought out, namely, the inoculating of prisoners of war with poisonous vac- 
 cine matter. 
 
 This, I believe, is.the only allegation set out in the charge not yet noticed, 
 but which, when compared with other specific acts of cruelty, seems to me the 
 moat revolting in the whole catalogue. 
 
 Before speaking particularly of the effects of this alleged precautionary action 
 on the part of the surgeons in charge, who it seems acted under orders from the 
 rebel authorities through Winder and the prisoner, I would call your attention 
 to the evidence, so that no man may say that this averment is false. 
 
 The evidence on this point proves distinctly one of two propositions, either 
 of which fixes on the persons responsible a most atrocious crime ; these are, 
 1. That the vaccine matter used was poison and known to be such ; or 2d. That 
 it was knowingly and purposely applied under circumstances which made it almost 
 certain that death would ensue. 
 
 The defejice has set up that impure vaccine matter was used throughout the 
 south, with similar consequences, and several medical gentlemen of the rebel 
 army were called to prove that fact, among others 13f. Flewellen and Dr. Cast- 
 len. But it will be remembered that their experience and their knowledge was 
 limited to observations in the year 1863, and they distinctly told you that orders 
 were issued directing the surgeons upon the discovery of these fatal conse- 
 quences to cease the use of the virus. How then can the counsel presume to 
 use this circumstance as a defence to the injurious results arising from the use 
 of this spurious matter, as late as 1864, with the full knowledge of a year's 
 practice and year's experience before them 1 
 
 I would rather think that the Andersonville prisoners were made the victims 
 of this experience, not, it may be, with the knowledge of many of the surgeons 
 on duty at that place — for some of them seem to have been conscientious men — 
 but doubtless with the knowledge of the surgeons iu charge, their chief at 
 Richmond, the prisoner at the bar, and hig immediate chief. 
 
 This evidence of the soldiers on this point is homely and blunt, but it ena- 
 bles one to determine with some certainty that the efiects described by them 
 were by no means the ordinary results of vaccination. 
 
 Oliver B. Fairbanks says, (Record, p. 1024 ; manuscript, p. 431.) 
 
 Large sores originated from the effects of poisonous matter ; they were the size of my hand 
 and were on the outside. of the arms and also underneath in the arm-pits. I have seen holes 
 eaten under the arms, where I could put my fist in; these cases were in the stockade. 
 
 In reply to the question, " State the circumstances under which you were 
 Taccinated," he replies, (Record, p. 1026 ; manuscript, p. 431 :) 
 
 Iwas at the south gate one morningwhen the operation was being performed. Whilelwas 
 standing there looking on, one of the surgeons came to me and requested me to roll up my 
 sleeves, that he was going to perform the operation on me. I told him I could not consent 
 to such an operation. He called for a file of guards and I was taken to Captain Wirz's 
 headquarters. Arriving there one of the guard went in and directly Captain Wirz came out 
 of his office saying he wanted to know where that God-damned Yankee son of a bitch was. 
 I was pointed out to him as being the person; he drew his revolver and presented it within 
 three inches of my face, and wanted to know why I refused to obey his orders. 
 
 The witness proceeds to narrate his interview with the prisoner and says : 
 
 I told him, " Captain, you are aware that the matter with which I would be vaccinated is 
 poisonous and therefore I cannot consent to an operation which I know will prove fatal to 
 ■: my life. " ' The prisoner flourished his revolver around and stated that it would serve me right ; 
 the sooner I would die, the sooner he would get rid of me. 
 
776 TKIAL OF HENEY WIEZ. 
 
 The witness still refusing, he was kept in chains, and after a punishment of 
 two weeks finally consented to the operation. He says : 
 
 As soon as it was performed, I went immediately to the brook, and took a piece of soap 
 and rubbed the spot, and wrung it, and thereby saved myself. 
 
 As confirmatory of Fairbanks's statement, that the prisoner interfered in this 
 matter of vaccination, and as tending to show that thei-e was criminal design, I 
 quote the evidence of Frank Maddox ; (Record, p. 1173 ; manuscript, p. 514.) 
 In reply to a question whether he ever heard the prisoner give orders in regard 
 to vaccination, he says : 
 
 I heard him tell the doctor at the gate to vaccinate all those men ; they were talking about 
 having the small-pox there ; the doctor told him that according to his orders he would d'o it. 
 
 The same witness, (Record, p. 1173; manuscript, p. 514,) being asked 
 whether he saw the prisoner and any of the surgeons at the graveyard and 
 heard them speak of vaccination, replied : 
 
 They were laughing over it one day ; the doctors had been examining and had cut some 
 bodies open, had sawod some heads open; in some cases a green streak from the arms had 
 extended to the bodies ; they were laughing about it killing the men so. 
 
 George W. Gray says, (Record, p. 2705 ; manuscript, p. 1162 :) 
 
 It affected their arms ; the sores began just to rot around and to eat in until it got to the 
 bone ; they generally lost their arms ; a great many of the men who had been vaccinated 
 had their arms amputated. 
 
 John L. Yonker, who was engaged in burying the dead, in speaking of the 
 amputated arms which were constantly sent to the graveyard to be buried, says, 
 (Record, p. 2193 ; manuscript, p. 950 :) 
 
 I noticed it daily; the great part of it originated from vaccination ; the sores were mostly 
 right here, (on the outer part of the arm near the shoulder,) and under the arms ; you could 
 look into the ribs and see the bone; it looked all black, and green, and blue. 
 
 Lewis Dyer (Record, p. 2771 ; manuscript, p. 1184,) says : 
 
 I have seen men going around who had been vaccinated, and two or three days after all 
 their arms would be eaten out, and their arms would have to be taken off. 
 
 Charles E. Tibbies, (Record, p. 2044 ; manuscript, p. 891,) who was also engaged 
 in burying the dead, says : 
 
 I saw a great many extra arms at the graveyard, that were not cut, but were disjointed 
 at the shoulder; they would be brought out with the dead, and almost always the nextday; 
 the bodies would be brought out belonging to them ; they were generally eaten up with vac- 
 cination. 
 
 William Grouse (Record, p. 1460 ; manuscript, p. 643,) says : 
 
 I saw men get vaccinated there; it broke out; I saw about twenty of them die, and I saw 
 five of them get their arms amputated. 
 
 Doran H. Stearns, (Record, p. 1279 ; manuscript, p. 562,) speaking of ampu- 
 tation, says : 
 
 The result was almost invariably death ; I do not remember a single case of recovery 
 after an operation. 
 
 This witness was on duty at the hospital and is a man of much intelligence 
 and candor. 
 
 To the same purport is the testimony of Charles E. Smith, (Record, p. 2540; 
 manuscript, p. 1085,) who also speaks of the orders with regard to vaccination, 
 and says : 
 
 He (the prisoner) said, any one who would refuse to obey his orders would have a ball and 
 chain put on. There was a man named Shields belonging to the 2d Iowa infantry, 
 who refused to be vaccinated ; they took him out and put a ball and chain on him until he 
 consented to have the matter put in his ai'm. 
 
 Several of the surgeons on duty at Andersonville have also testified to the 
 fatal result of vaccination. You will remember that the surgeons who have 
 testified through their reports, and upon the witness stand, have spoken largely 
 of hospital gangrene that prevailed at Andersonville as a consequence of vac- 
 cination ; and indeed, as they have universally testified, as a consequence of 
 
TRIAL OF HENRY WIRZ. 777 
 
 ■even the sliglitest abrasion of the skin, in cases of vaccination, however, resulting 
 in appalling mortality. 
 
 „ . Vaccination with genuine virus has never before resulted in such frightful 
 mortality. The records of medicine and pathology nowhere, in no country 
 and no age, aiford or approach a parallel to Andersonville ; and it is eminently 
 Important that an explanation be reached if possible, and if criminality attach to 
 any one, let its just consequences be upon him. The best medical and patholo- 
 gical authorities agree in describing hospital gangrene as a variety of mortifi- 
 cation and ulceration with rapid contamination of the whole system, depression 
 and exhaustion of the vital powers. All of the conditions necessary to produce 
 this terrible disease, we learn from many sources in this record, were abundantly 
 supplied at Andersonville, and that there was scarcely a prisoner who was not 
 more or less affected by it, or in a scorbutic condition to a greater or less degree. 
 Now we all know what is the normal effect of pure vaccine virus properly intro- 
 duced into a healthy system — one not previously vaccinated. A local inflam- 
 mation is set up, a fever ensues, attended with a general disturbance of the con- 
 stitution, and the insertion of the virus is the centre and source of it all, with 
 which the whole system sympathizes more or less, and from which, under the 
 most careful circumstances and attention, alarming and sometimes fatal results 
 follow. 
 
 This is so well understood by the profession — as all of us have experienced 
 who have submitted to the operation — that they always counsel a preparatory 
 process by sanitary observances. 
 
 These facts, drawn from reliable and recognized medical sources, will enable 
 .the court and the world to appreciate in some degree the heartlessness and im- 
 placable cruelty of the rebel authorities at Andersonville, in persistently com- 
 pelling prisoners of war to be vaccinated, in the condition they are shown to 
 have been in. It will not do to say that this was resorted to as a preventive 
 or precautionary measure. The record shows but few cases of death by small-pox, 
 while the evidence establishes beyond doubt the fact that of many hundred pris- 
 oners vaccinated, few recovered. No one will pretend, after a perusal of this 
 record, that the course of the rebel surgeons in this particular can in the slight- 
 est degree be excused ; and with the fair inference of evil intent and wicked 
 purpose on the part of the chief surgeons, Drs. White and Stevenson, and the 
 prisoner at the bar, who with pistol in hand stood ready to enforce their direc- 
 tion, which can be drawn from the evidence, can you hesitate to find them 
 "guilty" as laid in the charge 1 
 
 The court cannot fail to observe that after having drawn from the record this 
 long black catalogue of crimes, these tortures unparalleled, these murders by 
 starvation, implacable as could have been perpetrated had the spirit of darkness 
 controlleu them, there are yet many, very many, phases of Andersonville prisun 
 life that I must leave unnoticed. . 
 
 Has there been any defence made to these horrors ? Is there any palliation 
 for their perpetrators ? Lives there a witness who has denied or can deny 
 them ? The counsel for the prisoner has had unlimited control of the strong 
 arm of the government ; he has had days and weeks for preparation ; he has, as 
 all must admit, labored sedulously and untiringly for his client, constituting him- 
 self at the same time counsel for his co-conspirators, yet, with all his efforts, so 
 earnestly put forth, he has utterly, signally failed. The special acts of cruelty 
 committed by the prisoner at the bar he has sought to explain; with what suc- 
 cess I leave to you to judge. The general management and discipline, and his 
 i-esponsibility for the same while at Andersonville, he has sought to deny by 
 showing the presence at that place of a superior officer, General Winder, who, 
 he alleles, had chief control. All this is swept away by the fact that before 
 General Winder's arrival the fearful rigors of that prison began ; they contmned 
 ■during his stay, from June till October, and they subsided only in proportion 
 
778 TRIAL OF HENRY WIRZ. 
 
 as the number of prisoners became less, after Genei'al Winder's departure; 
 And notwithstanding his earnest appeal, made to you in his final statement, 
 begging that he, a poor subaltern, acting only in obedience to his superior, should 
 not bear the odium and the punishment deserved, with whatever force these 
 cries of a desperate man, in a desperate and terrible strait may come to youj 
 there is no law, no sympathy, no code of morals, that can warrant you in refus- 
 ing to let him have all justice, because the lesser and not the greater criminal is 
 on trial. 
 
 To the charge of suffering and death by starvation something excusatory 
 could be urged in the fact that supplies were not to be obtained, had this been 
 established; but here, as elsewhere, the defence has wholly failed. While the 
 burden of proof rested upon the defence to show that the sufferings at Anderson- 
 ville were unavoidable, it will be remembered it was part of the elements of the 
 case made by the prosecution to show not only the fact of starvation, but also 
 that it occui'red in a region of plenty, and in view of this fact, so clearly proven, 
 we find reason for concluding beyond all doubt that this crime against nature 
 was the work of a delibrate, malicious, traitorous, and hellish conspiracy to aid 
 a most treasonable rebellion. 
 
 I desire now to present to the court the evidence which supports me in the 
 belief just declared. Here, as always, I desire that the witnesses may speak, 
 that no man shall gainsay the facts. 
 
 Major General J. H. Wilson, of our army, who, perhaps, can speak as 
 advisedly upon this point as any witness who has been upon the stand, for 
 reasons shown in his testimony, says, (Record, p. 1836; manuscript, p. 820:) 
 
 After passing throngh the mountainous region of northern Alabama, I found supplies in 
 great abundance on our lines of march: in sufficient abundance to supply a command of 
 17,000 men, without going off our lines of march for them. 
 
 His lines of march, he says, were — 
 
 From the northwest corner of Alabama, to a point called Monte Bello, and from thence 
 south to Selma ; from Selma, southward to Montgomery ; from Montgomery, two lines, one 
 to Columbus, Georgia, and the other to West Point, Georgia, and thence, by two converging 
 lines, to Macon, Georgia ; and then, all over the State of Georgia ; from there to the Gull. 
 (Record, p. 1837 ; manuscript, p. 820. ) 
 
 In reply to the question if the rebel government drew supplies from that part 
 of the country, he says : 
 
 Yes, from central Alabama to southwestern Georgia, for the wants of their armies operating 
 in the field ; that was their grand region of supplies. 
 
 And speaking with regard to railroad communication by which these supplies 
 could reach Andersouville, he says : 
 
 We found lines of railway running very nearly in the direction of the march from Monte 
 Bello, and between the parts of country spoken of, and Macon and Andersonville. 
 
 Ambrose Spencer, a resident of Georgia for many years, says, (Record, 
 p. 2458 ; manuscript, p. 1050 :) 
 
 Southwestern Georgia, I believe, is termed the garden of America. It was termed the 
 garden of the confederacy, as having supplied the greater part of the provisions of the rebel 
 army. Our section of Georgia, Sumter county, is perhaps not as rich as the counties imme- 
 diately contiguous, * * but still it produces heavily. 1 suppose that the average of that 
 land would bo one bale of cotton to the acre ; the wheat would average about six bushels to 
 the acre ; the average of corn about eight bushels. 
 
 And the court will recollect that he says he is stating the "general average," 
 and not what one cultivated acre will produce ; and adds : 
 We have land in that county that will produce 35 bushels of corn to the acre. 
 Speaking of the subject of vegetables iu 1864, he says, (Record, p. 2459 ; 
 manuscript, p. 1051 :) 
 
 It struck me that there was an uncommon supply of vegetables. Heretofore at the south 
 there has been but little attention paid to gardens on a large scale ; but last year a very 
 large supply of vegetables was raised, as I understood, for the purpose of being disposed o| 
 at Andersonville. 
 
TRIAL OP HENEY WIEZ. 779 
 
 James Van Valkenburgh, of Bibb county, near Macon, G-eorgia, says (Record, 
 p. 651; mannscript, p. 269) he has resided in that section for nineteen years, 
 and that in the year 1864, speaking of the crops — 
 
 I should suppose, as to provisions, it was more than an average crop, inasmuch as no cot- 
 ton was planted, and all the ground was pretty well planted in provisions ; I should think 
 the provision crop was larger than before the war. 
 
 This -witness says that at Macon, which is about sixty-five miles by rail from 
 Andersonville — 
 
 « There were a great many storehouses, where provisions of various kinds were stored — 
 sugar, rice, molasses, meat, (bacon,) corn, wheat, flour, &c. 
 
 At Americus, he says : 
 
 There seemed to be very large quantities. I saw a great deal of stores in various ware- 
 houses.- 
 
 Americus. it will be remembered, is only about nine or ten miles from Ander- 
 sonville. The court will remember that of this " more than ordinary crop of 
 provisions" the farmers were compelled by law to pay to the rebel government 
 one-tenth. I make a few extracts from the evidence of one of the agents of that 
 government — a tithe gatherer. 
 
 W. T. Davenport says, (Record, p. 2144 ; manuscript, p. 937 :) 
 , J was tithe agent from April, 1864, till the surrender, for Sumter county. The amount of 
 bacon received at that depot from Sumter county, and from the counties of Schley, -Webster, 
 aad Marion, of which my depot, being on the railroad, was the receiving depot, for the year 
 1864, was 247,768 pounds ; we received of corn, 38,900 bushels; of wheat, 3, .567 bushels ; we 
 reeeivfid 3,420 pounds of rice in thorough; of peas, we received 817 bushels; of sirup, 
 of West India cane and sorghum, 3,700 gallons; of sugar, 1,166 pounds. 
 
 This was all in the year 1864. In 1865, he says, (Record, p. 2145; manu- 
 script, p. 937 :) 
 
 From the ] St of January till the 19th of April, which was the time of the surrender, 1 received 
 from those same counties 155,726 pounds of bacon, 13,591 bushels of corn, and 86 bushels 
 of wheat. This was the remnant due on the old crop, the new crop not having been gathered. 
 I received of rice, (rough,) 2,077 pounds ; of peas, 854 bushels ; of sirup, 5,082 gallons. 
 
 And these, he says, were not the only tithes gathered. In these counties 
 there were, besides his depot, others from which he has no account. He says : 
 
 There was a depot at Andersonville. Some portion of the tithes were delivered there, and 
 some portions were delivered to travelling companies that received tithes, and were not 
 reported to me. 
 
 On page 2147, (manuscript, p. 939,) he says, referring to the counties named : 
 
 Two of them, Schley and Webster, were quite small. Sumter and Marion are fair aver- 
 age counties. 
 
 This immense amount of provisions is but a small portion received by the 
 rebel government through their tithe-gatherers, it being brought to the depots 
 by the farmers themselves, and was only one-tenth of the amount produced by 
 them. These stores were turned over to W. B. Harrold, who was commissary 
 agent for those counties, and who was also purchasing agent. (Record, p. 2149; 
 manuscript, p. 940.) 
 
 W. B. Harrold says, (Record, p. 2597; manuscript, p. 1112:) 
 
 For the last three years I have been purchasing and shipping supplies for the commissary 
 department of the rebel government for a district embracing from four to six counties in 
 southwestern Georgia ; one of the counties being that in which Andersonville is located. I 
 -was ordered at all times to hold all supplies which I had at Americus, after May or June, I 
 think, subject, first, to Andersonville,' in case they should get out of provisions there at any 
 time. My provisions were rather reserved for Andersonville, to be called on in case of an 
 emergency, ' I -ivas 10 miles distant. Such provisions as I had there— bacon and meal— I 
 don't think they were ever out of at Andersonville, 
 
 He continues : 
 
 I don't think I was ever called on for provisions that I did not furnish, with the exception 
 of meal. In the early part of 1864, they depended on my arrangements for meal altogether, 
 buringthe first two or three months of the prison, say February, March, and April, before 
 the crowded condition of the prison, the orders were to issue five day's rations at a time, on 
 
780 TRIAL OF HENRY WIRZ. 
 
 requisition. I kept up very well until they began to crowd the prisoners in, and' then I 
 could not furnish sufficient meal, and other arrangements were made. The meal was after- 
 wards obtained in large quantities from the Palace mills, in Columbus. 
 
 On page 2601, (manuscript, p. 1113,) when asked, "Was there ever a time 
 when there need to have been suffering at Andersouille because of the inability 
 to get supplies there?" he answers, "Not so far as corn-bread and meal were 
 concerned." 
 
 I quote further from the record : 
 
 Q. Was there any difficulty with re^rd to supplies ! • 
 
 A. No, sir. 
 
 Q. Was there no time when transportation could not hare been procured ? 
 
 A. At all times I think they could have procured transportation, and did procure it. 
 
 On cross-examination, he says : 
 
 The same provisions were furnished to Andersonville that were furnished to the army, and 
 the same were furuisbed there as were furnished to the hospital. 
 
 But we has'e the evidence of scores of witnesses that they were never received 
 by our starving prisoners. 
 
 James W. Armstrong was commissary at Andersonville from the 31st of 
 March, 1864, until August 1, 1864, and from the 10th of December, 1864, until 
 the close of the war. (Record, p. 4484-'5 ; manuscript, p. 1810.) 
 
 Until the 14th of July all the rations were delivered to R. B. Winder, or to 
 his sergeant for him, and after that time to Captain Wirz'a sergeant. He says 
 he doesn't pretend to know whether the rations issued by him were actually 
 delivered to the prisoners or not. 
 
 On page 4496, (manuscript, p. 1813,) we find the following: 
 
 Q. You never were at any time so short that you could not issue to the prisoners ? 
 
 A. No, sir. In three or four instances I issued rice instead of corn-meal ; bat I always 
 made up the rations. 
 
 Q. You never found it necessary to diminish the rations, except by substituting one thing 
 for another ? 
 
 A. That is all. 
 
 Q. You always had plenty to issce ? 
 
 A. Yes, sir. 
 
 Colonel Ruffin, who was ia tlie commissary department at Richmond, and 
 who was called for the defence to .show that Lee's army suffered for the want of 
 provisions, (Record, pp. 4430-'31 ; manuscript, p. 1789,) says that at that time 
 the prisoners were consuming General Lee's reserve of 30,000 barrels of flour ; 
 the removal of prisoners from Richmond to the seat of plenty was urge,d by the 
 commissary department. "After awhile," he says, "the prisoners were sent to 
 the place of comparative plenty, or to the place of supply." He further says, 
 (Record, p. 4433; manuscript, p. 1790,; that in sending the prisoners to Georgia 
 the only object of his department was to get them to what was considered a 
 good region of country ; that they were drawing supplies from Georgia to feed 
 General Lee. He says, on page 4428, that the armies of the southwest fared 
 better than General Lee's army, " because they were in Georgia, where there 
 was more abundance." And in the same connection, on cross-examination, says 
 that General Lee's array suffered because it was cut off from the southwest by 
 federal raids, which destroyed their railroad communication. 
 
 Ambrose Spencer says, (Record, p. 2456; manuscript, p. 1050:) 
 
 That section of southwestern Georgia ia well supplied with mills — both grist-mills, flour- 
 mills, and saw-mills. Between Andersonville and Albany — about fifty miles — * * there 
 are five saw-mills, one of them a large one. There is one at a distance of six miles from 
 Andersonville that goes by steam. There is another about five miles from Andersonville 
 that goes by water. There are saw-mills on the road above Andersonville. 
 
 And in this connection, as touching the question of shelter and the facilities 
 with which it could, have been furnished the prisoners, the witness says fur- 
 ther : 
 
 It is a very heavily timbered country, especially in the regiou'adjoining Andersonville ; it 
 may be termed one of the most densely timbered couotries in the United States. 
 
TRIAL OF HENRY WIRZ. 781 
 
 : On page 2460, (manuscript, p. 1051 :) 
 
 I was there (Andersonville) during June and July very frequently, at the time Governor 
 Brown had called out the militia of the State. Their tents were all floored with good lumber, 
 and a good many shelters of lumber were put up by the soldiers. I noticed a good many 
 tents that were protected from the sun by boards. There seemed to be no want of lumber at 
 that time among the confederate soldiers. 
 
 Colonel Persons says, (Record, p. 621; manuscript, p. 252,) "That about 
 five train loads, perhaps fifty car loads in all," came to Andersonville while he 
 was there. This, he says, would have covered two, three, four, or five acres 
 with barracks. 
 
 Thus we have shown from evidence of the highest character, that the defence 
 based upon want of supplies within the reach pf the rebel authorities, and which 
 is popularly believed to have been the real cause of the sufferings of Anderson- 
 ville, is entirely overthrown, and without foundation in fact; and the same may 
 be said of evtiry question entering into the defence incident to the matter of 
 supplies. With whatever truth the straitened circumstances of the South may 
 be urged to exculpate those in charge of other prisons, certainly, so far as Ander- 
 sonville is concerned, no one will hereafter with seriousness dare to urge it. 
 
 Having shown with certainty that supplies were abundant and available, I 
 cannot omit to mention what amount was actually issued as the only means of 
 sustenance to the prisoners. 1 quote Br. Bates, whose acknowledged credibility 
 on the part of the accused in his statement to the court makes it unnecessary 
 to support him by the many witnesses who testify to the same point ; but the 
 court will remember that his estimate is several ounces more than the prisoners 
 themselves testify to having received. He says, (Record, p. 174; manuscript, 
 p. 37:) 
 
 I wish to be entirely safe and well guarded on this point. There might have been less 
 than 20 ounces to the 24 hours ; but I do not think it could have exceeded that. 
 
 The ration, it will also be remembered, consisted of one unvarying diet of corn- 
 bread and salt meat, with an occasional issue of peas, and with no vegetables 
 whatever. In comparison with this scanty allowance which the concurrent 
 testimony of all thp witnesses shows was the immediate cause of the great mor- 
 tality at that prison, 1 desire to call your attention to some interesting and 
 instructive facts, showing the amount of food necessary to sustain life. I quote 
 from a work on the economy of armies, by medical inspector Lieutenant Colonel 
 A. C. Hamlin, United States army : 
 
 The data of French's show that 18 ounces of properly selected food will be sufficient, and 
 the observations of Sir John Sinclair are to the same effect, yet Dr. Christison maintains that 
 36 ounces are required to preserve the athletic condition of prisoners confined fur a long term. 
 To preserve the athletic condition with these small quantities, the nutrient substance must be 
 of known value. 
 
 In the public establishments of England the following quantities are given: 
 
 British soldier, 45 ounces ; seaman, royal navy, 44 ounces ; convict, 57 ounces ; male. 
 pauper, 29 ounces; male lunatic, 31 ounces. 
 
 The full diets of the hospitals of London give, Guy, 29 ounces, with one pint of beer ;. 
 Bartholomew, 31 ounces, with 4 pints of beer or tea ; St. Thomas, 25 ounces, with 3 pints of 
 beer or tea ; St. George, 27 ounces, with 4 pints of beer or tea ; Kings, 25 ounces. 
 
 The Russian soldier has bread 16 ounces, meat 16 ounces; Turkish soldier has bread 33 
 ounces, meat 13 ounces; French soldier has bread 26 ounces, meat 11 ounces; Hessian 
 soldier has bread 36 ounces, meat 6 ounces; English sailor has bread 20 ounces, meat 16 
 ounces. 
 
 The United States soldier receives f pound of bacon, or li pound of fresh or salt beet ; 
 18 ounces of bread or flour, or f pound of hard bread, or 1 J pound of corn-meal ; with nee, 
 beans, vegetables, coffee, sugar, tea, &c., in proportion. 
 
 When we remember that there seems to have been no difference made in the 
 rations issued to the sick in the hospital and prisoners confined in the stockade; 
 that, as we have seen by the testimony of Dr. Jones, the mortality was propor- 
 tionately the same in both places, and all the surroundings so prolific of disease, 
 added to the fact that for months the prisoners had barely room to stand upon, 
 we are prepared to comprehend the force of the illustrations above given and 
 
782 TRIAL OF HENRY WIRZ. 
 
 those wliich I sliall now giv^e. The number of patients treated in the hospital 
 at Andersonville is shown by the hospital register to have been something less 
 than 18,000, the number pf deaths a little short of 13,000, and to this number 
 must be added 2,000 more, who, as we have shown with reasonable certainty, 
 died before reaching their homes, making in all 15,000, and this falls far short 
 of the maximum number, giving, as we see, the frightful ratio of mortality of 
 over 83 per cent. 
 
 Quoting from the same learned author we find that " the average mortality of 
 the London hospitals is nine per cent. ; in the French hospitals in the Crimea, 
 for a period of twenty-two months, the mortality was 14 per cent. The city of 
 Milan received during the campaign in Italy 34,000 sick and wounded, of whom 
 1,400, or four per cent., died. The city of Nashville, Tennessee, received during 
 the year 1864 65,157 sick and wounded, of whom 2,035, or four per cent., died. 
 During the year 1863 Washington received 68,884, and of these but 2,671, or 
 less than 4 per cent., died ; and in 1864 her hospitals received 96,705 sick and 
 wounded. (49,455 sick, 47,250 wounded,) of whom 6,283, or 6^^ per cent., died. 
 The mortality of the rebel prisoners at Fort Delaware for eleven months was 
 two per cent.; at Johnson's island during twenty-one months 134 deaths out of 
 6,000 prisoners." 
 
 This is the record of history, against the charnel-house of Andersonville. Let 
 the mouths of those who would defend these atrocities by recrimipation, charg- 
 ing the United States government with like cruelty, forever hereafter be closed. 
 
 Jf'ort Delaware and Johnson's island, with their two per cent, of dead. An- 
 dersonxnlle with its 83 per cent. ! " Look upon this picture and then upon this," and 
 tell me there was no design to slay ! Let no mind, be it warped never so much 
 by treason and treasonable sympathies, doubt this record, for "If damned custom 
 have not brazed its soul — that it be proof and bulwark against sense," it must 
 believe; it cannot deny these things. 
 
 May it please the court, I have done with the argument under charge first. 
 I leave it with you to answer by your verdict whether this charge of conspiracy, 
 solemnly and seriously preferred, can be frittered away and disposed of without 
 a single explanatory line in defence. I place before you, gentlemen, on the 
 one hand the protestations of this accused, who speaks for himself and his co-con- 
 spirators ; on the other the testimony of Dr. Bates, where he declared, as you 
 well remember, with faltering tone and feelings overpowered, " I feel myself safe 
 in saying that 75 per cent, of those who died might have been saved had those 
 unfortunate men been properly cared for." 
 
 I leave it with you to say whether the prisoner at the bar can acquit himself 
 and his associates in crime by declaring the charge here laid to be, as he has told 
 you, "a myth," "a phantasy of the brain," "a wild chimera, as unsubstantial 
 as the baseless fabric of a vision." 
 
 (At this point, the court, on the suggestion of the judge advocate, adjourned 
 until to morrow morning at 10 o'clock.) 
 
 United States Military Commission, 
 Washington, D. C, Saturday, October 21, 1865. 
 
 The commission met pursuant to adjournment. Present, all the members and 
 the judge advocate. 
 
 The prisoner and his counsel were also present. 
 
 The proceedings of the last meeting were read and approved. 
 
 The judge advocate continued his argument as follows: 
 
 May it please the court, we now come to notice charge second, alleging. 
 " murder in violation of the laws of war," under which there are laid numerous 
 specifications, alleging, with all the particularity that was possible, the circum- 
 stances in each case. 
 
 In presenting the evidence under this charge, I shall try to do so in the 
 
TRIAL OF HENRY WIRZ. 783 
 
 briefest and simplest manner. I shall not endeavor to torture the evidence to 
 support any preconceived theory, nor ingeniously dovetail scattered scraps of 
 testimony to_ make out a case. I am content to leave the court to reach its 
 own conclusions ; and therefore I shall (except in two cases which have been 
 particularly referred to in the defence) do little more than simply recite the evi- 
 dence of the witnesses. My simple purpose is to aid the court in the discharge 
 of the arduous task upon which it is about to enter, in making up a verdict on 
 this voluminous record. 
 
 The various cases of death which are justly to be laid to the charge of this 
 prisoner as murders, may be considered under four heads : 
 
 1. The cases of death resulting from mutilation by the hounds. 
 
 2. The instances of death resulting from confinement in the stocks and the 
 chain-gang. 
 
 3. The cases of killing of prisoners by the guards, pursuant to the direct 
 order of the accused given at the time ; and 
 
 4. The cases of killing by the prisoner's own hand. 
 
 This classification does not embrace those very numerous cases (which it is not 
 deemed necessary to recount in detail) where prisoners at or near the dead-line 
 were shot by the guards when the accused was not present. 
 
 The responsibility of the prisoner for these murders (for such wanton, un- 
 provoked and unjustifiable destruction of human life was nothing less) has been 
 treated of in a previous branch of the argument. Without repeating that argu- 
 ment, I will say in addition that there is no truth in the assumption put forth as 
 a defence in the written statement of the accused, that the prisoners within the 
 stockade had ample notice of the dead-line regulation, and that, if any were shot 
 in crossing that line, he was not responsible. The evidence of the defence failed 
 to show (although I believe it was attempted) that the dead-line regulation was 
 posted up within the stockade. 
 
 Besides, many of the witnesses on this stand testified that, going to Anderson- 
 ville, as new prisoners, they received no authoritative notice of the deadline 
 regulation, but accidentally or casually accjuired that knowledge from their com- 
 panions ; and some have told us of their hair-breadth escapes from being shot 
 soon after entering the stockade, in consequence of their ignorance of that regula- 
 tion ; and a number of witnesses have described how their comrades lost their 
 lives in consequence of similar ignorance. After all the evidence on this subject, 
 I was astonished, as I doubt not was the court, when the prisoner, in his state- 
 ment, inquired^ with singular effrontery, (p. 4780 :) 
 
 Is it within the range of probability that there was a single prisoner within the stockade 
 who did not know the penalty for encroaching upon the dead-line ? 
 
 Before proceeding to refer to the evidence as to the deaths from mutilation 
 by the hounds and from confinement in the stocks and chain-gang, it may be 
 proper to say a few words as to the criminal responsibility of the prisoner for 
 these deaths. In the first place, I need hardly remind the court of that funda- 
 mental principle of law that " a sane man is conclusively presumed to contemplate 
 the natural and probable consequences of his own acts." (1 Greenleaf on Evi- 
 dence, sec. 18.) This principle, I submit, applies in this case with great force. 
 I maintain that the deaths resulting from the use of the stocks and the chain- 
 gang as an indiscriminate punishment for the healthy and the sick, the strong and 
 the feeble, and the deaths consequent upon the pursuit of escaping prisoners 
 with ferocious hounds, were but the "natural and probable consequences" of the 
 act of the prisoner in maintaining and carrying out this barbarous system of 
 discipline. What more " natural and probable " than that a prisoner, emaciated 
 by disease and starvation, should, when confined in the chain-gang or the stocks, 
 die from such confinement 1 What more " natural and probable" than that a 
 ferocious dog, when pursuing an escaping prisoner, should tear and mortally 
 mutilate such prisoner, particularly if he were in the debilitated condition which 
 
784 TEIAL OF HENRY WIRZ. 
 
 characterized most of the prisoners at Andersonville ? And when death results 
 under such circumstances and from the adoption of such methods of treatment, 
 an intention to kill on the part of him who adopts them is the necessary and 
 rightful presumption of the law, just as "an Intent to murder is conclusively 
 inferred from the deliberate use of a deadly weapon." (I Greenleaf on Evidence, 
 sec. 18.) 
 
 Again, it has been laid down that the crime of murder is consummated 
 " whensoever any one wilfully endangers the life of another by any act or omis- 
 sion likely to kill, and which does kill." (2 Starkie on Evidence, 710, note.) It 
 has also been declared by high legal authority that — 
 
 It is not essential that the hand of the party should immediately occasion the death; it is 
 sufficient if he be proved to have used any mechanical means likely to occasion death and 
 which do ultimately occasion it ; as if a man lay poison for another with intent that he should 
 take it by mistalce for medicine, or expose him against his will in a severe season, by means 
 oj which he dies. (2 Starkie on Evidence, 7J0, note.) 
 
 As illustrative of the same legal principle, allow me to quote from Wharton's 
 Criminal Law, 435; 
 
 If a person breaking in an unruly horse wilfully ride him among a ciowd of persons, the 
 probable danger being great and apparent, and death ensue from the viciousness of the ani- 
 mal, it is murder. For how can it be supposed that a person wilfully doing an act so 
 manifestly attended with danger, especially if he showed any consciousness of such danger 
 himself, should intend any other than mischief to those who might be encountered by him ? 
 So if a man maliciously throw from a roof into a crowded street, where passengers are con- 
 stantly passing and repassing, a heavy piece of timber, calculated to produce death on such 
 as it might fall, and death ensue, the offence is murder at common law. 
 
 From these principles, it follows that when we show the prisoner's responsi- 
 bility for the use of the chain-gang and the stocks, and for the employment of 
 the hounds, we show that every death resulting from these was a murder for 
 which he is to be held accountable. 
 
 In this connection, allow me to refer hastily to some of the evidence showing 
 the responsibility of the prisoner for the use of the stocks and the chain-gang, 
 and for the employment of the hounds. 
 
 Kobert Tait, (p. 2648 ; manuscript, p. 1133,) George W. Gray, (p. 2698 ; manu- 
 script, p. 1157,) Ool. Gibbs, (p. 108; manuscript, p. 18,) Charles F. Williams, 
 (p. 1391 ; manuscript, p. 615.) J. H. Goldsmith, (p. 2053 ; manuscript, p. 902,) 
 J. H. Burns, (p. 2295; manuscript, p. 984,) and numerous other witnesses, tes- 
 tify as to the prisoner ordering men into the stocks and the chain-gang. In 
 some cases the men subjected to this treatment wcrg very greatly debilitated, 
 and in other cases they had just been brought back wounded by the hounds. 
 
 Several of the witnesses testify that the accused would go round the stockade 
 every morning in company with the hounds to get the track of prisoners who 
 had escaped. A. W. Barrows, (p. 224; manuscript, p. 86,) P. V. Halley, 
 (p. 1046 ; manuscript, p. 453,) and many others, testify that the accused gave 
 orders for starting the dogs in pursuit of prisoners who had escaped. J. D. Key- 
 ser (p. 574; manuscript, p. 243) states that he heard him tell Turner to get 
 the dogs. James Mohan, a rebel officer who was on duty at Andersonville, tes- 
 tifies that when "Frenchy" escaped, the prisoner gave orders to get the dogs 
 after him, and he was captured, the prisoner going with the dogs; and this, the 
 court will remember, is admitted in the statement submitted by him. Boston 
 Corbett (p. 443 ; manuscript, p. 168) testifies that after being captured by the 
 dogs, he was brought before the accused, who said to the captor : " Why did 
 you not make the dogs bite him?" 
 
 J. H. Davidson (p. 935 ; manuscript, p. 384) saw a prisoner torn by the 
 dogs, the accused being present. 
 
 Dr. F. G. Oastlen, who was a surgeon in the rebel service, relates an instance 
 (p. 689 ; manuscript, p. 277) where a man was ordered down from a tree and 
 bitten by the hounds, the prisoner being present. John F. Heath, a rebel officer 
 who was on duty at Andersonville, testifies (p. 778; manuscript, p. 319) that 
 
TRIAL OF HENEY WIRZ. 78^5- 
 
 when " Fienchy" was pursued the prisoner ordered him down from the tree and 
 the dogs rushed at him and bit him, the prisoner not trying to keep the dogs off. 
 This rebel witness, it will be observed, contradicts the allegation made by the 
 prisoner in his written statement, that he endeavored to keep the dogs off. James 
 P. Stone (p. 2220 ; manuscript, p. 990) says that the dogs were fed with rations 
 drawn from the bakery, most frequently by a young man who assisted Turner, 
 and that the prisoner signed an order once " to give this man all the bread and 
 meat he wants for the dogs." Joseph Adler testifies (p. 1205-1234; manuscript,p. 
 529-540) that on one occasion Dr. White and the prisoner were looking at a 
 man who was so mangled by the dogs as to be almost dead, when the prisoner 
 said, " it was perfectly right, that it served the man right ; that he had no business 
 to make his escape, and that he would not care if all the damned Yankees in 
 the stockade could be served in the same way as that, as he wanted to get rid 
 of them." The prisoner himself, in his consolidated return' for August, 1864, 
 (exhibit 13,) speaks of 25 prisoners who escaped during the month, but were 
 taken up by the dogs. 
 
 These citations, which might be multiplied, are sufficient to show the respon- 
 sibility of the accused for the punishment of the prisoners by the stocks and the 
 chain-gang, and for the pursuit of prisoners by the hounds ; and according to 
 the principles already referred to, every death resulting from such punishment 
 and such pursuit must justly be considered as having been murderously caused by 
 him, remembering also that the use of the means resorted to and the means 
 themselves were a gross and wicked violation of the laws of war. 
 
 Iwill now proceed to recite the evidence as to the cases where death resulted 
 from the pursuit of prisoners by the hounds. 
 
 William Henry Jennings (p. 1245; manuscript, p. 545) testifies that a month 
 or two after he was whipped, which was in the month of March, he being in the 
 hospital, saw a m.in come in who was torn by the dogs — bitten from his feet up 
 to his head and all round his neck, and that the man died shortly afterwards. 
 
 Bernard Corrigan (p. 1351 ; manuscript, p. 598) states that in May he saw a 
 prisoner who was badly bitten by the dogs in both legs, and he had a piece of 
 his ear cut off. The man was carried to the hospital the day following, and the 
 witness never saw him afterwards. 
 
 James E. Marshall (p. 1714; manuscript, p. 766) testifies that in May he- 
 saw a man whose leg was torn by the hounds, and who afterwards died in the- 
 hospital. 
 
 John L. Yonker (p. 21S7; manuscript, p. 947) testifies that just before the- 
 raiders were hung, which was about the 11th of July, a man belonging to an 
 Indiana regiment tried to make his escape from the hospital, was recaptured by 
 the hounds and sent back to the stockade in the evening ; that his right ear 
 was almost off, and that he was bitten in several places in the legs and had 
 hardly any clothing on him ; that witness gave him a piece of his shirt and 
 helped to tie up his wounds ; that the wounded man gave his friend a picture 
 to give to his mother if he should never recover, because he believed he would 
 die; that the next morning he was dead; that the man stated that he had tried 
 to climb a tree, but the dogs pulled him down. 
 
 In connection with the incident just narrated, it may be pertinent to adduce 
 the evidence of Joseph Adler and George Conway, apparently having reference 
 to the same transaction. 
 
 (reorge Conway (p. 2243; manuscript, p. 966) testifies that on one occasion 
 (he does state the date) he saw a man who had been caught by the hounds, 
 while making his escape from the hospital ; the man was bitten on his legs and 
 
 in his cheek. . , i 
 
 Joseph Adler (p. 1205 ; manuscript, p. 529) states that m the latter part ot 
 June or the beginning of July, Dr. White and the prisoner were looking at a 
 H. Ex. Doc. 23 50 
 
' 786 TRIAL OF HENEY WIRZ. 
 
 man who had been mangled by the dogs ; the priaone/- said it was perfectly 
 right. 
 
 George W. Gray (p. 2704; manuscript, p. 1161) states that on one occasion 
 he saw a young man who had just been brought into the stockade, after having 
 been caught by the hounds. Part of his cheek was torn off; his arms, hands 
 and legs were bitten, so that he only lived about 24 hours after having been 
 brought into the stockade. 
 
 Thomas N. Way (p. 1257 ; manuscript, p. 552) states that in the latter part 
 of August he and two others, with whom he escaped, were pursued by the 
 hounds, and that one of hia comrades was caught by the fool as he was climbing 
 a tree and was torn all to pieces. 
 
 A. W. Barrows (p. 244; manuscript, p. 87) states that about the end of 
 August, a man who had been bitten by the doga when trying to escape waa 
 brought into his ward and died about five days afterwards. 
 
 Jas. P. Stone (p. 2223 ; manuscript, p. 959) states that in July or August 
 he saw a man who had made his escape, who had been caught and badly torn by the 
 dogs ; that he was bitten badly in the legs and also a great deal about the neck 
 and shoulders ; that he had made his escape and climbed a tree ; that the accused 
 and Harris shook him down and allowed the dogs to tear him. 
 
 Frank Maddox (p. 1168; manuscript, p. 513) testifies that when he waa 
 burying a man who had been bitten by the doga, had afterwards been placed in 
 the stocks by order of the prisoner, and who had died, Turner, who had charge 
 of the hounds, came to the grave-yard and said that there had been two men 
 bitten by the hounds, and that they let the dogs tear up the other one in the 
 woods, and that they left him there. 
 
 W. W. Orandall (p. 1742 ; manuscript, p. 778) testifies that on one occasion 
 (he does not give the date) he saw a man with his legs badly torn by the dogs ; 
 that a ball was put upon his foot, and that he waa kept that way for several 
 weeks ; that witness went to the prisoner and pleaded with him to lake the balls 
 off. The prisoner said he could not do it. Witness asked the surgeon to do it. 
 The surgeon examined the man and said that he could not conscientiously take 
 off but one. The man's leg became badly swollen, and witness believes the man 
 died, as he three weeks afterwards buried a man whom he thought he recognized 
 as the same. 
 
 I have thus hastily passed over the evidence touching this class of murders. 
 I shall presently endeavor to individualize the instances mentioned and to recon- 
 cile and unite the separated, and in some instances apparently complicated, cir- 
 cumstances. But, before doing so, let mc suggest that on the review of this 
 evidence, while the testimony must ,be and ought to be subjected to the closest 
 criticism and scrutiny, and while the court should be convinced, beyond a reason- 
 able doubt, of the guilt of this accused, still I submit it as worthy of grave 
 consideration that there are many circumstances peculiar to prison life, as it was 
 at Andersonville, which make the ordinary test applied in tribunals of law for 
 the verification of testimony altogether inappropriate in this case. The court 
 will not forget that there existed at Andersonville a condition of affairs for which 
 it would be impossible to rind a precedent. The prisoners were deprived, to a 
 great measure, of facilities for ordinary intelligence or for communication with 
 each other and the outer world. They were subjected to the closest and most 
 cruel confinement and discipline. Most of them Vt^ere constantly racked with 
 the pangs of hunger or disease, or engrossed from hqur to hour in a struggle 
 with death in which the odds were fearfully against them. Their companions 
 were constantly dying around them, either from emaciation, disease, or acts of 
 violence, so that, as the prisoners themselves have declared in the presence of 
 the court, they became so habituated to these horrible surroundings, that the 
 death of a comrade, under what would ordinarily seem the most frightful circum- 
 stances, made in many cases but a slight impression upon their minds; and certainly 
 
TRIAL OF HENRY WIRZ. 787 
 
 they would not charge their memory with dates or circnmstances, even should 
 they be able to fix the time, and it will be remembered that many of them 
 state that they lost all knowledge of the days of the week and the month. 
 Besides, they never expected to emerge from that scene alive, and never hoped 
 that a day would come when their persecutor should be arraigned before a tribunal 
 of justice, and they themselves be summoned as witnesses to his iniquitonsacts. 
 It is not to be expected that, under these circumstances, witnesses should evince 
 such precision as to dates and minute particulars as might be expected in an 
 ordinary trial fot the investigation of offences disturbing but rarely the tran- 
 quillity of civilized society. A court of justice never requires higher evidence 
 than the best of which the case will admit; for, as has well been remarked by 
 a distinguished legal writer : 
 
 The niles of evideuce are adopted for practical purposes ia ths administration of justice, 
 and must be so applied as to promote the end for which they were designed. ( 1st Greenleaf s 
 Evidence, sec. 83.) 
 
 But I have no apology to offer, no defence to make, for the testimony upon 
 which the prosecution relies for the conviction of this accused under the charge 
 now being examined. 
 
 In every case where you are asked to hold the prisoner responsible for the 
 death of any one of those in his custody, you will find the evidence direct, posi- 
 tive, and clear ; you are not asked to find this prisoner guilty upon vague, 
 uncertain, doubtful testimony, but you are asked to apply the rules of evidence 
 properly applicable to cases occurring under the peculiar circumstances to which 
 we have alluded, always remembering that your duty is to arrive at the truth 
 in th» most direct manner possible. 
 
 Without pretending to make an argument in this connection, desiring only to 
 aid the court in determining the fact, I will try to arrange the evidence under 
 this branch of charge second in chronological order. 
 
 The first proof of injury by the dogs, where death resulted, was some time in 
 the month of May, 1864. I have already cited, at some length, the testimony 
 of the witnesses bearing upon this point, and will not recapitulate, but will merely 
 refer the court to the witnesses. They are, William Henry Jennings,(p. 1246 ; 
 manuscript, p. 546,) Bernard Corrigan, (p. 1351 ; manuscript, p. 598,) and James 
 E. Marshall (p. 1714; manuscript, p. 766.) 
 
 Another case which is clearly defined in the evidence occurred about the llth 
 of July, and is stated with some particularity of time, place, and circumstances, 
 by a witness whom the court must remember as one of intelligence and candor. 
 To his testimony I call especial attention. It has already been briefly cited, 
 but I will give his language, at greater length. 
 
 John L. Yonker, after having related the circumstances as I have before given 
 them, goes on to narrate (p. 2186 ; manuscript, p. 947) the death scene of his 
 murdered comrade, and what occurred at the time, and from all the circumstances, 
 together with the dying declarations of the unfortunate victim, we have pre- 
 sented a clear case of murder. 
 
 Q. Did he (the dying man) in that same conversation say anything as to how he had 
 been injured ? 
 
 A. Yes, sir. 
 
 0. State what he said. , , , i i i oc tn 
 
 A We Questioned him, and he replied, m a feeble voice, that he had got about 3b or 40 
 miles, and was strongly pursued by the hounds ; that as he was very weak coming out of 
 the hisnital he tried to climb up a bush, but was pulled down by one of the hounds, and so 
 disabled that he could proceed no further. We had to stir him up once m a while, give him 
 a regular shaking, so that he might answer a few more questions, because he was expiring. 
 I saw him after he was dead. 
 
 A. Jusfa few days before the six raiders were hung, which was on the llth of July. 
 The testimony of Joseph Adler and George Conway, heretofore cited, cor- 
 'roborates, if that be necessary, the testimony of W^illiam Yonker. 
 
7 00 TRIAL OF HENRY WIRZ. 
 
 Another case whicli stands out clearly in tlie evidence is tliat related by Thomas 
 W. Way (p. 1256 ; manuscript, p. 552.) This witness, in company with two 
 comrades, had made his escape. They were overtaken by the dogs. This is 
 his testimony on that point : 
 
 Q. Do you remember anything about a soldier being torn to pieces by hounds ? 
 
 A. Yes, sir ; he was a young fellow, whose name I don't know ; I knew him by the name 
 of Fred. He was about 17 years old. When we heard the dogs coming, I and another 
 prisoner who was with me, being old hands, climbed a tree. He tried to do so, but he had 
 not got up when the hounds caught him by the foot and pulled him down ; and in less than 
 three minutes he was torn all to atoms. 
 
 Q. Was Turner there ? 
 
 A. Turner was close behind ; he got up just as the man was torn to pieces and secured 
 the hounds, and we came down. 
 
 Q. Did "Fred" die? 
 
 A. Yes, sir; I should think so, he was all torn to pieces. 
 
 Q. Was any other of your number torn at the same time? 
 
 A. No, sir. 
 
 Q. When was that occurrence 7 
 
 A. In the latter part of August, 1864, just before we were moved from Andersonville, whicli 
 was on the 24th of August. 
 
 Q. What did Turner say at the time ? 
 
 A. He said, "It is good for the son of a bitch; I wish they had torn you all three to 
 pieces." 
 
 It would seem impossible to doubt a statement so clearly made and under cir- 
 cumstances calculated to impress the incident iudeliby upon the mind of the wit- 
 ness. CoiToborative of Mr .Way, however, is the testimony of Samuel [Frank] 
 Maddox, who says, (p. 1168 ; manuscript, p. 513,) that Turner told him one 
 day at the graveyard that he had let the dogs tear a man to pieces in the woods, 
 which, from coincidence of time and circumstances, saems to be the same inci- 
 dent as that given by Way. 
 
 The next case of murder by dogs, and as clearly defined as any previously 
 given, is the one related by Dr. A. W. Barrows, who was on duty in the hospital. 
 He says, (p. 244 ; manuscript, p. 87 :) 
 
 I remember a man making his escape from the hospital in July, and being overtaken by 
 the hounds. A largo portion of his ear was torn off, and his face mangled, and he was after- 
 wards brought into the hospital. That man got well. This was in July or August, 1864. I 
 do not remember the exact date. I remember also, that at the end of August, or in Septem- 
 ber, 18(i4, a man who had been bitten badly by the dogs, in trying to malte his escape, was 
 brought into my ward aud died. The wound took on gangrene and he died. He was a 
 Union prisoner. 
 
 Q. Was he trying to escape from the stockade, or from the hospital ? 
 
 A. I am not certain. 
 
 Q. When did he die? 
 
 A. I cannot state the exact date. It was either the last of August or the fore part of Sep- 
 tember. 
 
 Q. How many days after be was torn by the dogs did he die ? 
 
 A. Well, if my memory serves me right, I should say four or five days after. I know the 
 wouud took on gangrene and he died. 
 
 Q. Did he die from the effects of the wound ? 
 
 A. Indirectly I think ; he did not directly ; it was from the effects of the gangrene. 
 
 Q. Was the gangrene manifested in the wound or elsewhere ? 
 
 A. In the wound; in no other part. He was bitten through the throat, on the side of .the 
 neck, and gangrene set in and he died. 
 
 Q. Was the gangrene the result of the bite, in your opinion ? 
 
 A. Yes, sir; it was. 
 
 This is confirmed by the testimony of James P. Stone, already cited. Of 
 the facts as presented by Dr. Barrows's testimony there can be no doubt. 
 He was an officer on duty in the rebel hospital, and is a gentleman whose 
 credibility has in no way been doubted. It might perhaps be urged on the 
 part of the defence that as the witness states that the death of the prisoner 
 occurred from gangrene directly, and from the wound indirectly, the benefit of 
 the doubt thus raised must be given to the accused. Let me remind the court 
 
TRlkiu OF HENRY WIRZ 780 
 
 of the law governiog io such cases. It is laid down in 2 Starkie's Evidence, 
 711, that— 
 
 It is sufficient in law to prove that the death of the party was accelerated by the malicious 
 act of the prisoner, although the former labored under a mortal disease at the time of the act. 
 And it is sufficient to constitute murder that the party die of the wound given by the prisoner, 
 although the wound was not originally mortal, but because so in consequence of negligence 
 ■or unskilful treatment. 
 
 The evidence shoTvs in this case that the patient died of gangrene ; that the 
 gangrenous affection was confined to the wound ; that he was not so affected 
 before the wound, but was affected immediately afterwards ; that he did not die 
 of any other disease or malady. 
 
 The fact, therefore, being clear that the death was occasioned or certainly 
 accelerated by the wound, there is no other course left you but to find that the 
 case stands in the same position as if the man had been killed on the spot by 
 the dogs. 
 
 We have thus presented a classified analysis of the evidence bearing upon 
 the charge of murder by the use of the hounds. The only defence set up under 
 this charge is given in the statement made by the accused to the court, and is an 
 attempt to confound the prisoner " Frenchy" with all the instances given by dif- 
 ferent witnesses ; and as it was shown in the evidence of the defence that 
 ■" Frenchy" did not die, you are asked to conclude that this prisoner must be 
 acquitted of this branch of the charges. 
 
 Now, it has not been assumed at any time by the prosecution, nor was an 
 attempt made to prove it, that the man " Frenchy," so called, was killed. The 
 incident referred to by the defence was one occurring within plain sight of the 
 post. 
 
 The witnesses, Heath, Oastlen, and Mohan, rebel officers, testified with regard 
 to it early in the prosecution, and made the facts so clear that it is somewhat 
 surprising that counsel would attempt to raise a reasonable doubt in behalf of 
 their client, by an attempt to confound this case with the numerous others so 
 ■clearly and distinctly defined in the testimony. The court will bear with me a 
 moment while I give, in this connection, a part of the prisoner's own statement 
 ■of the "Frenchy" occurrence; and I give it for the reason that it discloses a 
 fact which has been persistently denied, that the hounds used were ferocious 
 and dangerous to human life ; and for the additional reason, that it shows, from 
 the prisoner's own admission his control over the dogs and his responsibility for 
 whatever injury resulted from their use. The language of his statement is this : 
 
 " Frenchy" again effected his escape by jumping into a thicket near the creek. The matter 
 was reported to me. 1 had the dogs sent Jor. They soon came on his track ; he took to a 
 tree ; one of the pursuing party (not I) fired a pistol close to him ti induce him to come 
 down. He was not hurt, but he dropped or fell from the tree into a mud hole, when the dogs 
 rushed upon him. Ijumped on the dogs and drove them off. 
 
 Here, as elsewhere, it would have been safer and wiser for the accused to have 
 rested his case upon the evidence without attempting explanations. 
 
 In the next place, I will proceed to recite the evidence, as to cases of death 
 from confinement in the stocks and in the chain-gang. 
 
 William Grouse (p. 1459 ; manuscript, p. 642) states that a few days before the 
 raiders were hung, which was the 11th of July, a man died in the tent next to 
 the one occupied by witness ; that the death occurred the next day after being 
 relieved from the stocks, in which he had been confined about two weeks with- 
 out intermission. 
 
 George W. Gray (p. 2699 ; manuscript, p. 1157) testifies that he was m stocks 
 the last of August or the first of September, and that the third man from him — 
 
 •a sick man died while in them ; that the negroes took him out 'of the stocks 
 
 after he was dead and hauled him away. 
 
 Nazareth Allen (p. 744 ; manuscript, p. 305) states that in August, 1864, 
 he saw a man who died in the chain-gang or stocks ; he thinks it was the stocks. 
 
790 TKIAL OF HENRY WIRZ. 
 
 Alex. Kennell (p. 1291; manuscript, p. 55C) testifies that in February, 1865, 
 a man was taken out of the stockade in the evening and put in the stocks and 
 kept there all night, and that he died in eight hours after being released ; that 
 the man said he was chilled till he was insensible. 
 
 James P. Stone (p. 2212; manuscript, p. 956) testifies that he saw (he 
 thinks it was some time in June) a man in the chain-gang, sick with chronic 
 diarrhoea ; that he was kept in the gang until it was impossible for him to move ;. 
 that he was taken out and left at the guard-house near the stocks ; the band was 
 left on his neck and the ball on his leg, and he died with these on him. 
 
 James Culver (p. 2080; manuscript, p. 914) testifies that he saw twelve men 
 in the chain-gang almost every day for a month or six weeks ; one of them was 
 very poorly, and looked as though he could hardly carry himself. Those in 
 the gang complained about his being sick ; he caused them a great deal of trouble 
 by reason of his having diarrhoea. Witness afterwards saw the man out of the 
 gang, but he still had the ball upon his legs and the band around his neck. He 
 afterwards died in the guard-house. Witness saw the irons taken from him after 
 he was dead. He died in three or four days after being taken out of the chain- 
 gang. The witness thinks he died some time in July. 
 
 In connection with this some testimony given by Heath, Dillard, and Honey- 
 cutt, rebel soldiers, who were on duty at Andersonville, may be pertinently in- 
 troduced. 
 
 John F. Heath (p. 780; manuscript, p. 317) testifies that in the month of 
 August, 1864, a man was sick in the chain-gang and the gang objected to his 
 being in it, because of his condition ; that there were twelve men in the chain- 
 gang. 
 
 William Dillard (p. 803; manuscript, p. 328) testifies that in August he 
 guarded the chain-gang one day and night, when twelve men were iu it ; one of 
 them was very low, and had to go out every five or ten minutes ; that the others 
 of the chaing-gang wanted him taken out ; that when the man was taken out,, 
 he could just stand up. 
 
 Calvin Honeycutt (p. 824; manuscript, p. 336) states that he guarded the 
 chain-gang for one or two days and nights ; that one of the men was sick and 
 the rest wanted him taken out. 
 
 John Pasque (p. 1695 ; mannscript, p. 757) states that some time in July 
 he saw a man put in the chain-gang, aud saw his dead body after he was taken, 
 out. 
 
 Robert Tait (p. 2650 ; manuscript, p. 1133) testifies that on one occasion 
 (he does not know the date) one man was put in the chain-gang when very sick ; 
 that he remained in it for about two days ; that the surgeon told the prisoner- 
 that he had better take the man out ; that the prisoner gave orders to have him 
 released ; and the next morning he saw him hauled away to the graveyard. 
 
 The evidence here briefly recited presents two distinct murders by the use of 
 the stocks and one by the chain-gang. The cases presented by William Crouse 
 and George W. Gray (cases of death by the stocks) come directly within the 
 general principles of law before cited. The witness Crouse, after narrating the- 
 circumstances, as heretofore briefly given, testifies as follows on cross-exami- 
 nation : 
 
 Q. Was there anything the matter with him besides being in the stocks ? 
 
 A. No, sir ; he was a hearty man before he went there. 
 
 Q. You did not see him in the stocks, outside ? 
 
 A. Yes, sir ; when I went out to get some medicine. 
 
 Q. How many times did you get out iu that way 7 
 
 A. I used to go out nearly every other day to get medicine. 
 
 Q. Was not the doctor's place close to the gate ? 
 
 A. Yes, sir ; about twenty feet from it, at the upper end, the southwest end. 
 
 Q, Could you see the stocks from there ? 
 
 A. I could. 
 
 Q. How far was it from where you got the medicine to Captain Wirz's headquarters 
 
TRIAL OF HENRY WIRZ. 
 
 791 
 
 A. About three Imndred feet. 
 
 •Q. With nothing to obstruct the view ? 
 
 A. No, sir. • * • * * * . , 
 
 Q. And yoTi saw the men in the stocks for bwb weeks, when you went out in that way ? 
 
 A. Yes, sir. ,,».♦» 
 
 Q. How was that man injured who died ? 
 
 A. Weakness ; he was starved. 
 
 Q. Was he not stai-ved instead of being hurt by the stocks ? 
 
 A. That -was one thing that killed him, 
 
 Q. Was it not the principal thing 1 
 
 A. Yes. 
 
 This occwrred, as the witness states, about the time the raider* "were hung'.- 
 The evideuce, it is true, does n«t present a case of death directly attributable 
 to the stocks-; but it is clear that death resulted from a conjunction of circum- 
 stances, of which the stocks w.as one important element, all being the result of 
 the orders of the accused. It is immaterial whether the man died from, the in- 
 juries inflicted by the stocks alone ; the circumstances fully bring the case within 
 the principle already cited, that " it is sufficient in law to prove that the death of 
 the party was accelerated by the malicious act of the prisoner." The second 
 case of this class is presented by the testimony of George W. Gray. The wit- 
 ness had made his escape, was caught by the dogs and returned to the prison. 
 He testifies, (p. 2698 ; manuscript, p. 1157 :) 
 
 I was broQght baick to Asdersoiiville prison and taken to Wira'.s quarters. I was ordered 
 by him to be put in the stacks, where I remained for four days, with my feet in a block, and 
 a lever placed over my legs, with my arms thrown back, and a chain running across the 
 arms. 1 remained, four days there in the sun. That was my punishment for trying to get 
 . away from the prison. 
 
 Q. Do you know anything about a person dying in the stocks ? 
 
 A. I do. At the same time a young man was placed in the stocks, the third man from 
 me. He died there. He was a little sick when he went in and he died there. 
 
 Q. Do you know his name ? 
 
 A. I do not ; if I lieard it, I have forgotten it. 
 
 Q. When did this occur ? 
 
 A. That was about the last-of August -or the 1st of September, 1864. 
 
 vQ Are you certain he died J 
 
 .A. I am. The negroes took iim out of the stocks after he was dead, threv/ him into the 
 ■wagon and hauled him away. 
 
 This witness is strongly corroborated by the rebel soldier, Nazareth Allan , 
 who (pi. 744; maQUsei'ipt,.p. 305) testifies; 
 
 Q. Do jrou know anything about a prisoner having died in the stocks ? 
 
 A. Yes, sir ; one died in the chain-gang or stocks, I won't be certain which , but !■ thin'lii.m 
 ,the stock-s. 
 
 Q. Whea was it? 
 
 A. I think some time in August, 1864. 
 
 ■Q. Do you know what was the state of his health when 'he ivas put ia ? 
 
 A. I do net know what his sickness was. 
 
 ■Q. What was his appearance ? 
 
 A, He appeared to be sick when I saw him. I saw him only once or twice ; and a'fler- 
 Tvards I saw him dead. *«»«#» 
 
 Q. How long was this man confined in the stocks ? 
 
 A. I cannot «ay ; there were several in the stocks. 
 
 '.Q. Do you, know for what this man was placed in the stocks ? 
 
 A. I do not ; I ihink it was for trying to escape. 
 
 Q. Where w:ere these stocks or this ehain-gang with reference to Captain Wirz's head- 
 
 iHuarters ? 
 
 A. They wereibets'.een Captam Wirz s headquarters and the stockade. 
 
 q". On the road yow. would take in going to the stockade 1 
 
 A. Yes, sir. 
 
 In reference to ithis occurrence, Gray is so strongly corroborated by Allen that 
 I ,do not deem it necesswy to comment on the evidence more partieularly. 
 
 Th«re ia still another ,e«.se of death by the use of the stocks, to which I ask 
 yswiiir ^J&J.ution, as ^iyjng. tesides the /act itself, proof that these punishments 
 
792 TEIAL OK HENEY WIRZ. 
 
 were continued until almost the time of breaking up of the prison. This is the 
 case mentioned by Alex. Kennell, who says, (p. 1291; manuscript, p. 566 :) 
 
 I have seen them (the prisoners) put in the stocks. One special act which I know of 
 occurred last February. In that case a man was taken out of the stockade in the evening, 
 about 4 o'clock, and kept in the stocks all night. He was tnrnediinto the stockade the next 
 morning at 9 o'clock, and he died in less than eight hours. He died in the stockade. 
 
 Q. What was the condition of the man when taken from the stockade ? 
 
 A. He was apparently as healthy as any prisoner in the stockade. 
 
 Q. What was done with him during the night ? 
 
 A. He was kept all night in the stocks, which were outside the stockade. 
 
 Q. Did he die from the effects of the stocks ? 
 
 A. That was his supposition ; it was a vary cold night. 
 
 Q. Did you talk with that man during his dying moments ? 
 
 A. Yes, sir ; I talked with him an hour before he died. 
 
 Q. With what belief was he impressed ? 
 
 A. He was impressed with the belief that he was chilled to death that night in the stocks. 
 
 Q. Did he expect to die ? ' 
 
 A. Ho'did not expect to live, from his conversation ; he did not eat anything after he came 
 into the stockade. 
 
 Q. What did he tell you ? 
 
 A. He told me that he was kept in the stocks from the time he was taken out until about 
 8 o'clock in the morning. He was chilled so thoroughly that night that he was insensible. 
 
 Q. Did you see him after he died ? 
 
 A. I helped to cany him to the gate. 
 
 Q. Did you know his name ? 
 
 A. No, sir; I did not know his name; I never inquired it ; he belonged to a Pennsylvania 
 regiment. 
 
 Q- You are certain about the time ? 
 
 A. I am certain that it occurred about the 15tb of Febraary, 1855. 
 
 I come now to notice the deaths resulting from confinement in the chain- 
 gang. There is some evidence of more than one death having occurred by 
 these means ; but aside from one instance the testimony is so vague and unsat- 
 isfactory that I do not ask the court to consider it. There is one case, however, 
 so clearly defined, so fully proved, as to admit of no doubt. This is the case, 
 the court will readily remember, as occurring in the chain-gang of twelve. 
 The facts in this case are given so clearly and by so many witnesses (a synopsis 
 of whose testimony I have already presented) that the circumstances, I have 
 no doubt, are fresh in the memory of the court; and I will therefore consume 
 no further time by quoting particularly the evidence. The eye-witnesses of 
 this occurrence, which seems to have been one of the most sad and cruel of the 
 whole list, present an array of testimony which cannot be overthrown, and which 
 there has been no attempt on the part of the defence to explain away. The 
 witnesses fix this occurrence about the time the raiders were hung. The tes- 
 timony is given by James P. Stone, (p. 2212; manuscript, p. 956;) James 
 [Jasper] Culver, (p. 2080 ; manuscript, p. 914 ;) John F. Heath, a rebel soldier, 
 (p. 786; manuscript, p. 317;) "William Dillard, a rebel soldier, (p. 803; manu- 
 script, p. 328;) Calvin Honeycutt, a rebel soldier, (p. 824; manuscript, p. 336;) 
 John Pascol, [Pasque,] (p. 1695; manuscript, p. 757;) Robert Tait, (p. 2650; 
 manuscript, p. 1133 ;) and James H. Davidson, (p. 933; manuscript, p. 384.) 
 
 Before proceeding to notice the evidence as to the acts of murder committed 
 immediately under the prisoner's orders or by his own hand, allow me to remark 
 that the court, in considering these specific acts, will hardly overlook the con- 
 firmatory evidence embraced in the testimony as to the general language and 
 conduct of the accused towards the prisoners. I submit that his language and 
 conduct, as exhibited in the testimony, furnish such evidence of malice as to 
 raise a strong presumption of guilt. 
 
 Wharton,inhisCriminalLaw, (p. 240,) speaks of the "presumption of guiltfrom 
 declarations of intentions and threats, from which the presumption of guilt may 
 he drawn with great strength, when there is preliminary ground laid." 
 
 On this principle, I maintain, the numerous well-proven deolarations and 
 
TRIAL, OP HENRY WIEZ. 793 
 
 threats of the accused, evincing hia utter indifference whether the prisoners lived 
 or died ; nay, his desire that they should die, and his ambition to compete with 
 rebel generals in the field by killing off as many Union soldiers as possible, are 
 justly to be viewed as confirmatory of the evidence in regard to the specific acts 
 of murder laid to his charge. And as similar proof of malice on his part, raising 
 a presumption of guilt against him in reference to specific murderous acts alleged, 
 the court will not, I think, disregard the general evidence of his brutal treatment 
 of prisoners, exhibiting toward themamalignity of temper of which murder would 
 be but the natural outgrowth. The conduct and the expressions of the accused, 
 as proved throughout the whole .evidence, show a vindictively malicious feeling 
 towards the prisoners, and this general malice is sufficient to furnish probable 
 cause for the special acta of killing testified to by the witnesses, particularly as 
 ia almost every'instance of killing the act itself was accompanied by declarations 
 indicating strongly a malicious and wilful intent. 
 
 In discussing the murders alleged to have been committed under the prisoner's 
 direct orders, the first case that claims attention is that in which the victim was 
 a one-legged soldier, known among the prisoners as " Chickamauga." The 
 court will pardon me for dwelling somewhat at length on this case, as it is one 
 of those two which the prisoner has singled out as the only cases worthy of a 
 serious attempt at defence in connection with the charge of murder. Some of 
 the witnesses who narrate the facts of this occurrence are S. D. Brown, (p. 457 ; 
 manuscript, p. 1S3 ;) O. S. Belcher, (p. 882 ; manuscript, p. 361 ;) J. R. Achiff, 
 (p. 1089; manuscript,p. 471;)Th. Hall, (p. 982 ; manuscript, p. 408 ;) J. Adler, 
 (p. 1215; manuscript, p. 532 ;) Gottfried Brunner, (p. 1333; manuscript, p. 
 589 ;) 0. B. Fairbanks, (p. 1023 ; manuscript, p. 430 ;) E. L. Kellogg, (p. 1073; 
 manuscript, p. 460 ;) A. J. Spring, (p. 716 ; manuscript, p. 293 ;) C.E.Tibbies, 
 (p. 2041; manuscript, p. 897;) J. E. Marshall, (p. 1716; manuscript, p. 767 ;) 
 A. A. Kellogg, (p. 1319;) A. Henshaw, (p. 2553 ; manuscript, p. 1093 ;) Thomas 
 N. Way, (p. 1259 ; manuscript, p. 554.) 
 
 The accounts of this occurrence, given by these different witnesses with greater 
 or less particularity, are entirely consistent as to the main facts, while as to 
 unimportant particulars there is doubtless that slight variation which always 
 characterizes accounts given by different eye-wituesses of the same occurrence, 
 and which, as it excludes the idea of concerted falsification, is the strongest 
 voucher for the good faith and veracity of those who testify. 
 
 The essential facts which stand out clearly in this mass of testimony, so 
 clearly that the prisoner himself, as I shall presently show, has been driven to 
 a substantial admission of them, are, that a poor, demented cripple, whose 
 imbecile condition was notorious in the stockade and among the guards, sought 
 to be taken from the stockade that he might be protected from the indignation 
 of some of his comrades, who charged that he had reported tunnels to the accused ; 
 that after some parleying on the part of Chickamauga with the guard, the pris- 
 oner made his appearance, when Chickamauga asked him to be taken out of 
 the stockade, stating the reason for his request; that the prisoner refused to 
 take him out, and ordered the guard (who had shown an unwilhngness to treat 
 the poor cripple harshly) to shoot him if he crossed the dead-hne ; that he did 
 subsequently cross the dead-line, and the sentry, acting under the direct orders 
 of the prisoner, shot him. Here, 1 submit, is a clear case of murder. 
 
 Before going further, it is proper to remark contradictions in the testimony ot 
 the witnesses to the Chickamauga affair appear only in the statement, of the 
 prisoner, and cannot be discovered by the closest scrutiny of the record. It is 
 not a fact that two of the government witnesses represent the pr'soner as having 
 shot Chickamauga with his own hand ; yet the prisoner's version of the evidence 
 would make us believe this ; and the supposed conflict of testimony is urged as 
 an illustration of what he terms " the murky, foggy, indefinite, and contradictory 
 testimony" of the prosecution. 
 
794 TRIAL OF HENRY WIRZ. 
 
 I will give the prisoner's ingenious version of the testimony, and then, as con- 
 trasting romance with reality, I will present the evidence as given in the record. 
 The prisoner says, (p. 4770 ; manuscript, p. 1944 :) 
 
 One witness, wliom for hig own sake I will not name, inasmuch as his statements mnst 
 have been and were recognized by every one who heard him as undeserving the least belief, 
 describes him (" Chickamauga") as a kind of weakly man, who, when I entered the stock- 
 ade one day, wormed around me, saying that he wanted to go out in the air j whereupon 
 Captain Wirz wheeled again, pulled out a revolver and shot hira down. 
 
 Now, the sober fact is, that this witness, in describing and characterizing the 
 prisoner who was shot, mentions no circumstance which can warrant the sup- 
 position that he intended to testify as to the Chickamauga affair. The evidence 
 cited by the prisoner is from page 399, (manuscript, p. 150 ;) I read the continua- 
 tion of the same narrative from page 400 : 
 
 Q. Do you know who the man was that the prisoner shot ? 
 
 A. He belonged to the 8th Missouri; they called him "Red" in the regiment. Iknewhim 
 at Memphis. 
 
 Again I quote the prisoner's statement, (manuscript, p. 1846 :) 
 A still different version of this transaction is given in a more laconic and i 
 reckless style by another witness, (p. 936.) I will quote it : i 
 
 Q. Did you ever see Captaiu Wirz shoot any man ? '• 
 
 A. Yes, sir. : 
 
 Q. When? 
 
 A. About the first day of April, I think ; shortly after he took coaimand there. 
 Q. State the circumstances of the shooting. 
 
 A. Captain Wirz was coming in the south gate one day. A sick man, as I took him to be — 
 a lame man — asked Captain Wirz something, and Captain Wirz turned round and shot him. 
 
 Here again no one has ever pretended that the case is identical with that of 
 Chickamangi, the latter occurring in June and the former in April. When the 
 evidence of the record is treated in this manner, no wonder that it becomes, in 
 the language of the prisoner's statement, "murky, fjggy, indefinite and contra- 
 dictory." 
 
 It is a little remarkable, too, that after having introduced one of these wit- 
 nesses as being " reckless" in his style of narration and the other as " undeserving 
 the least belief," the prisoner in a later part of his statement dismisses them 
 both with a concession that they were sincere in their testimony, for he says, 
 (p. 4776 ; manuscript, p. 1948 :) 
 
 The two men who swore they saw me shoot the prisoner with my own hand were probably 
 led to make that statement from having seen me draw my revolver in the manner I have 
 described. 
 
 Let me now notice the prisoner's own version of this Chickamauga affair — a 
 version which he gives us as the solution of the so-called irreconcilable testimony 
 of the prosecution. The facts, as the prisoner would have the court believe 
 them, and believing, accept as his exculpation, are given in his own language in 
 this remarkable paragraph : 
 
 Will the court permit me to make a statement which may serve to explain all these con- 
 flicting accounts of the death of poor Chickamauga ? On the ovning in question, the sergeant 
 or the officer of the guard came to my quarters aud stated that there was a man within the- 
 dead-line jawing with the sentry and refusing to go outside, and that there was a crowd of 
 prisoners around hira and a good deal of disturbance. I rode my horse down to the stockade, 
 dismounted outside, and went in. There I found things as they had been described to me. 
 I went up to Chickamauga and asked him, in a rough tone of voice, what the hell he was. 
 doing there 1 He said he wanted to he killed. I took my revolver in my hand, and said in 
 a menacing manner that if that was all he wanted I would accommodate him. I scared him 
 somewhat and he was taken outside by some of the prisoners. I then in his presence, and 
 solely as a menace, told the sentry to shoot him if he came in again. I little thought that he 
 woiild come back or that his comrades would permit him, after their hearing the order, to go. 
 once more across the forbidden line. I left the stockade, remounted my horse, and was on 
 my way back to my quarters, when I heard the report of a musket. I hastened back and 
 ran up to the sentry-box from which the shot had been fired. There is the simple history of 
 the case, without any reserve or misrepresentation. The court, I am sure, will recognize all 
 the marks aud evidences of truth in it. It is consistent with itself and consistent with the 
 average line of the testimony. 
 
TKIAL OF HENRY WXRZ. 795 
 
 I confess that I was greatly surprised when this startling declaration was 
 read for the first time in ray hearing and in the presence of the court, three 
 days ago. This explanation seems to me to admit so fully the guilt of the 
 prisoner that if it were the mere hypothesis of counsel, adopted as the last resort 
 of a desperate defence, I would decline to hold the prisoner responsible for such 
 damning admissions, which I would be bound to believe his counsel h&d no 
 authority to make. But here we have the solemn statement of the prisoner, 
 enbmitted without solicitation and after due deliberation. Charged with the 
 gravest criminality in reference to an occurrence which is attested by a score 
 of witnesses, he volunteers his own explanation, which is talien down from his 
 lips, revised and signed by his own hand, and read before the court in his presence, 
 with no attempt on his part at disavowal, when the impulse which prompted 
 such self-criminating candor had had time to give place to a circumspect reserve. 
 Under these circumstances, I believe I am treating the prisoner with entire 
 fairness when I ask the court to iiold him responsible for his own words and let 
 him be the witness of his own guilt. I submit that his explanation of this 
 occurrence, so far from exculpating him, exhibits his guilt scarcely less effectively 
 tlian the evidence of the prosecution. 
 
 The main fact upon which the government insists is that the prisoner ordered 
 the guard to shoot Chickamauga if he should cross the dead-line, and that in 
 the act of crossing it, or immediately afterwards, this wretched imbecile what shot 
 hj the sentry in obedience to the prisoner's order. This is not denied in the 
 statement of the prisoner, but is there fully admitted. It is admitted that the 
 prisoner (I quote his own language) " told the sentry to shoot him if he came 
 in again ;" it is admitted that this order was obeyed by the sentry, and that 
 thus Chickamauga was killed. While conceding all this the prisoner seeks to 
 shield himself under the allegation that the order was given " solely as a menace." 
 
 Yet he does not pretend that he gave the sentry any reason to suppose that 
 the order was not to be obeyed; he does not pretend that the act of the sentinel 
 in shooting was anything else than the natural obddience of a subordinate to 
 his superior's order, which had every appearance of being imperative. When the 
 guilty and murderous act is thus admitted, the criminal cannot seek refuge under 
 his own allegation of an innocent intent, particularly when he acknowledges 
 that that intent was hidden within the recesses of his own mind and found no 
 shadowing forth at the time in words or acts, but was contradicted by both. 
 The prisoner's allegation of an innocent intent cannot overcome the conclusive 
 presumption of the law, that " a sane man contemplates the natural and probable 
 consequences of his own acts." When the motive of a man arraigned for crime 
 shall be taken from his own lips, in contradiction of the obvious tendency of his 
 acts, courts of justice will have become obsolete. It is admitted that the order 
 to shoot was given by the prisoner ; it is admitted that that order was obeyed, 
 and that thus " Chickamauga" lost his life. The obedience of the sentry and 
 the death which resulted were the " natural and probable consequences" of the 
 prisoner's self-confessed act, and as I believe that the order for the shooting of 
 "Chickamauga" was unjustifiable and cruel, I see not how this court can do 
 otherwise than declare that the prisoner, in this melancholy affair, incurred the 
 guilt of murder. 
 
 Before leaving this subject, I cannot refrain from making a passing remark 
 on the picture of the prisoner's brutality, as painted by his own hand ; a picture 
 in singular contrast with another self-portraiture embraced in the same state- 
 ment. In recounting the " Chickamauga" affair, the prisoner says : 
 
 I went up to " Chickamauga" and I asked him, in a rough tone of voice, " what the hell 
 he was doinsr there?" He said he wanted to be killed. I took my revolrev in my hand and 
 said, in a menacing manner, that if that was all he wanted I would accommodate him. I 
 scared him somewhat, and he was taken outside by some of the prisoners. 
 
796 TKIAL OF HENRY WIRZ. 
 
 How startliugly in contrast with this has the prisoner portrayed himself in 
 another part of his statement. This is his language : 
 
 I do trust that this enlightened court will bear with me in my humble effort to convince it 
 that while commandant of the prison at Andersonville I was not the monster that I have been' 
 depicted as being ; that I did not cause or delight in the spectacle of the sufferings, woes and 
 deaths of the Union prisoners ; that I did not contribute to their sufferings ; but that, on the 
 contrary, I did what little lay in my power to diminish or alleviate them, and to prove that,^ 
 although I have been represented as little less than a fiend, " Heaven left some remnant of the 
 angel still in that poor jailer's nature." 
 
 We are asked to believe that these two portraitures represent one and the' 
 same person. If it be so, then unfortunate was it for poor" Ohickamauga" that' 
 his untutored mind did not comprehend that that fierce seeming man, who asked' 
 him in a rough tone of voice, " What the hell are you doing here," was at that' 
 very moment yearning with compassion for his wretched condition. The poor' 
 crazy cripple little dreamed that the stern-spoken man, who, revolver in hand,' 
 said to him, " If you want to be killed I will accommodate you," was a "poor 
 jailer," in whom the remnant of the angel was struggling to exhibit itself under- 
 great difficulties, a lover of mankind, in a very embarrassing position, but doing,' 
 as he says, "what little lay in his power to diminish or alleviate the sufferings' 
 of those around him ;" a John Howard, forsooth, whose compassionate heart' 
 prompted him, as he tells you, to take out of the stockade all the drummer boys, 
 in order that the little fellows might, in the enjoyment of purer air and healthful 
 exercise, have a better chance of being restored to their yearning mothers and 
 sisters at home. Alas for poor "Ohickamauga," that he did not whisper in the i 
 ear of this rough-mannered philanthropist that he, too, crippled and insane though i 
 he was, had a yearning mother or sister at home. Who knows but that the sug- 1 
 gestion might have won for " Ohickamauga" a happier fate. 
 
 But the subject is too serious for satire. I submit that in the many features 
 of this trial, showing with what abandon the prisoner gave rein to his malicious 
 passions, the killing of poor " Ohickamauga" is one of the most despicable and 
 indefensible. The insane cripple had subjected himself to the wrath of his 
 comrades, being led, by the promises of this accused, to turn traitor to them and 
 disclose their means of escape. He had thrown himself upon the protection of 
 his murderer. He had alienated himself from all his companions, while he had 
 done everything to commend him in the sight of the accused. Yet when ileeing 
 from the just indignation of his comrades, which was so great that he even dared 
 to trust his life in the hands of the guards, with death staring him in the face 
 from the sentinel and from his outraged companions, he appeals to this accused, 
 the only man who had the power to aid him in this terrible strait — the one of all 
 others who was urider an obligation so to do — and is rudely rebuffed by the man 
 to whom he had rendered a service — brutally repulsed with a violence of man- 
 ner and language which appears as vividly in the prisoner's own version of the 
 transaction, as in that given by the witnesses for the prosecution — and is told to 
 go back to this mob which is crying for his blood ; or that if he did not do this, 
 but remained within the dead-line, the sentry would shoot him. It was death to 
 "Ohickamauga" whichever way he went, and this accused must have known it, 
 and must have intended it, else he would have led him out of that horrible place. 
 With what conscience, then, can he ask you to believe him when he tells you he 
 did not intend the death of "Ohickamauga?" This court, I submit, in view of 
 the evidence, must hold the prisoner responsible for the death of that miserable 
 creature. 
 
 Having presented one of these cases at some length, one which I think will 
 admit of no doubt, I will pass hastily over the evidence bearing upon similar 
 cases, giving a brief analysis and reference to the testimony, leaving the court 
 to arrive at its own conclusions. 
 
 William Bull (p. 2276 ; manuscript, p. 977) testifies that on the 3d of June, at 
 
TRIAL OF HENBY WIRZ. 797 
 
 tte north gate, he saw a man shpt ; that the prisoner came in at the head of a 
 detachment, put three guards on the stoop, and ordered them to fire at the crowd 
 to make them fall back ; that one of the guardgf fired, and that the ball struck 
 the man in the stomach, who was about 15 feet distant from the witness. 
 
 W. W. Crandall [Patrick Bradley,] (p. 1904; manuscript, p. 849) states 
 that on one occasion, he thinks it was in June, 1864, when the men were crowd- 
 ing around the south gate, the prisoner was there and thought they crowded too 
 much. He ordered the sentry on the outside of the gate to fire, and repeated 
 the order three or four distinct times. The sentry fired and killed a man who 
 was about five feet from the dead-line. 
 
 "Jacob D. Brown (p. 465; manuscript, 186) testifies that on the 27th of July 
 he eaw the prisoner in the sentry-box near the brook ; some of the prisoners 
 were there getting water, and men would accidentally reach under the dead-line. 
 The prisoner told the sentry if any man reached through the dead-line to get 
 water to shoot him down. He had barely said the words when a prisoner reached 
 through, and the sentry fired ; the ball taking efi'ect in the head, killing him 
 instantly. Witness was close to him. 
 
 iJoseph Adier (p. 1211 ; manuscript, p. 532) testifies that some time in July 
 the prisoner was standing in the sentry-box, when two or three men were at the 
 hrook after water ; some got their hands beyond the dead-line, and the prisoner 
 asked the sentry why he did not shoot, as it was ho matter whether the man's 
 whole body was over the deadline or only a part of it ; that if he did not shoot 
 hs would have him punished. The sentry thereupon shot the man in the right 
 Breast. He fell into the creek. 
 
 ' Bernard Corrigan (p. 1346; manuscript, p. 596) testifies that a few days 
 after the raiders were hung (which was on the 11th of July) a man was shot at 
 the south gate. " We were going," he says, "for medicine; the man had two 
 tin cups in his hands., Wirz told the guard if he did not keep the men back he 
 would take him off and punish him. He repeated it, saying he had a gun. 
 Wirz turned his back and started off, and the guard fired right among the crowd 
 and shot this man." 
 
 Joseph R. Achuff (p. 1093; manuscript, p. 473) states that in July they were 
 carrying sick men to the gate ; there was a great crowd there. The prisoner 
 told the sentry if the men did not keep back to blow them through. The senti- 
 uel had his musket against a man's stomach, and drew back and tired, and killed 
 a man from Pennsylvania. 
 
 Jacob D. Brown (p. 467; manuscript, p. 186) testifies that about the middle 
 of August the prisoner ordered the sentinel to shoot men who were getting water 
 from the brook, the men being much crowded^ The sentry fired and a man was 
 shot in the breast, the wound being fatal. 
 
 Prescott Tracey (p. i 417 ; manuscript, p. 627) states that in the mouth of 
 August, 1864, he heard the prisoner order the shooting of a man who had just 
 come in and did not know the rules and regulations ; that he went to get a drink, 
 and slipped and fell with his head about six inches over the dead-line; that the 
 prisoner at the bar called to the sentry, " God damn your soul, why don't you 
 shoot that Yankee son of a bitch ]" The guard fired, the ball striking the man 
 in the head and coming out at the back of his neck. He died in the creek. (See 
 alsoevidence of Charles E. Smith, (p. 253S; manuscript, p. 1085.) 
 
 We come now to notice that class of murders committed with the prisoner's 
 own hands. I shall here, as elsewhere, avoid all argumentation and present as 
 briefly as possible the evidence of the witnesses, leaving the court to determine, 
 in the light of the principles of law before mentioned, what amount of guilt 
 attaches to this prisoner. 
 
 Your attention is called, first, to the death of a Union prisoner by beating with 
 
798 TRIAIi OF HENRY WIRZ. 
 
 a pistol over the head, as given by the witaess William Willis Scott. His evi 
 clence is as follows, (p. ; mannsci'ipt, p. o70 :) 
 
 In one ease, I was coming down after a bucket of water. I belonged way np in what the; 
 called the new stockade, on the north side. Captain Wirz was coming in ; a sick man wa 
 sitting on the side of the bank ; he asked Captain Wirz if he could get out. Captain Wir 
 turned around, gave him a kind of a sour look, and said, "Yes, God damn it ; I will let yoi 
 out," and with the revolver he struck the fellow over the head and shoulders several times 
 The fellow went to liis tent then. On the third morning, I think, I made it my business t 
 go down and see him ; he was dead ; he had died the night before. 
 
 Q. Did you sec him? 
 
 A. Yes, sir. 
 
 Q. Did he die from the effects of the beating with the pistol ? 
 
 A. I suppose so. He was pretty badly bruised around the head and faei^. 
 
 Q. With what did Captain Wirz beat him? 
 
 A. I think it was tlie butt of the revolver which he had in his hand. 
 
 Q. Which hand did he use? 
 
 A. I don't remember. 
 
 Q. Did he knock the man down? 
 
 A. Yes, sir ; he knocked him down the first blow. 
 
 Q. When was that? 
 
 A. I think it was about the 2.5th or 26th of August, 1864. 
 
 Q. Can you give the man's name ? 
 
 A. No, sir; I did not inquire about that; I just came down to see if he was much th 
 worse for his treatment; and I did not inquire any further. 
 
 This witness is uncorroborated by any testimony presented, unless the evidenc 
 given by Patrick Bradley (p. 1899; manuscript, p. 848) may refer to the sam 
 circumstance. 
 
 I leave it for the court to determine whether the accused shall be found guilti 
 under this testimony. There are given, with certainty, time, place, and circun 
 stance. 'I'he beating is shown to have been wanton, cruel, and malicious, an 
 wholly unprovoked. The only element necessary to make the crime complete : 
 the proof that death was the result of the wounds inflicted. .Whether this may ( 
 may not be inferred from the circumstances as narrated by the witness, the coui 
 must be the sole judge. 
 
 The prisoner is also charged with the murder of a soldier, by stamping upc 
 and kicking him so as to cause his death. The evidence in support of th 
 allegation is given by Martin E. Hogan, (p. 525 ; manuscript, p. 216 :) 
 
 I saw Captain Wirz, at the time the prisoners were being moved from Andersonville 
 Millen, take a man by the coat-collar because he could not walk faster. The man was so wo 
 out with hunger and disease, that if he had got the whole world I do not think he cou 
 move faster than he was moving. Captain Wirz wrenched him back, and stamped upon hi 
 with his boot. The man was borne past me, bleeding from his mouth or nose, I cannot s; 
 which, and he died a short time afterwards. 
 
 Q. When you speak of Captain Wirz, you mean the prisoner there ? 
 
 A. I mean the man sitting there, (pointing to the prisoner.) 
 
 Q. Have you any doubt of his identity ? 
 
 A. Not at all, sir; I should Icnow him anywhere. 
 
 Q. About what month was that ? 
 
 A. The prisoners commenced to move from there from the 5th to the 8tb of Septembi 
 1864, and it was inside of a week from that time ; it was some time in the early part of Se 
 tember ; I cannot say within two or three days what date it was. 
 
 The characterof this witness, his intelligence and his facilities for observatio 
 must impress the court with the fact that his testimony is entitled to more thi 
 ordinary weight. It requires no exercise of imagination, nor a resort to improb 
 bilitics, to justify the conclusion of guilt, remembering the character of t 
 accused and his many acts of cruelty, which furnish confirmatory evidence u 
 to be overlooked. 
 
 Another murder laid to the charge of this prisoner, as perpetrated by his ov 
 hand, is described by George Conway, (p. 2240 ; manuscript, p. 965,) who ti 
 tifies : 
 
 A. I saw a man shot one day ; he came down after water ; no one was allowed to put tl 
 head or any part of their body under the dead-line. This man, probably not being acquain 
 with the rules, as many of them were not, who came in there after the rules were read, ] 
 
TRIAL OF HENRY WIRZ. 7^9 
 
 lis liand in under tlie dead-line to get a cup of water, and the cup dropped from his hand. 
 He put liis hand in under the dead-line to raise it up again, and Captain Wirz shot him, the 
 ball taking effect in his head; he died almost instantly. (To the court.) Captain Wirz 
 s\foi him ; he was standing in the sentry-box. 
 •Q. When did this occur ? 
 
 A. Well, it was about the time the raiders were huug; I could not say whether it was 
 teforo or after. 
 
 Q. It was about that time ? 
 
 A. Yes, sir. 
 
 Q. Are you certain you recognize Captain Wirz 7 
 
 A. Yes, sir. 
 
 Q. You know him well at that time ? 
 
 A. Yes, sir. 
 
 Q. Do you know what kind of a gun he had in his hand? 
 
 A. He had a revolver, I believe. 
 
 Q. You state that Captain Wirz shot him ; tell the court the circumstances. 
 
 A. Those were the circumstances. He was getting a cup of water out of the brook, when 
 Ik cup dropped from his hand. 
 
 Q. Do you know the name of that man ? 
 
 A. I do not ; I never saw the man before till I saw him that time. 
 
 Q. Did he die ? 
 
 A. Yes, sir, he died ? 
 
 The testimony of this witness on other poiats, as upon this, is clear and dis- 
 tinct, so much so that the counsel on cross-examination seemed to think it 
 unnecessary to interrogate the witness with regard to this very important part 
 of his testimony. He is uncontradicted, and must be believed. 
 
 The next instance of this kind to which your attention is called is given in 
 the testimony of Felix Do la Baum, (p. 1927 to 1933; manuscript, p. 859.) I 
 do not desire to discriminate among witnesses, as it might ' imply that some are 
 entitled to greater credit than others. Disclaiming any such intention, I still 
 must remind the court of the character of this witness, his manner of testifying, 
 and the air of truth and candor with which he told his story. Upon this point 
 I give his testimony entire and without comment. 
 
 A. On the 8th of July I arrived at Andersonville, with 300 or 400 other prisoners, most of 
 them sick and wounded. We were brought up to Captain Wirz's headquarters ; were drawn 
 «p in line, four ranks deep, and kept there for a considerable length of time, without any 
 bnsiness being transacted. The guards had orders to let none of us go to the water. One of 
 the-prisoners was attacked with epilepsy or fits ; he fell down ; some of his friends or neigh- 
 krs standing near him ran down to the creek after water. 
 
 Q. By permission of the guard ? 
 
 A. I don't know ; I suppose so ; because the guard was lied up by the thumbs for permit- 
 ting them to do so. First I heard a shot fired, without seeing who fired it. After hearing 
 that shot fired, I looked down to the left, and I saw Captain Wirz fire two more shots, wound- 
 ing two men. One of them was carried up near his headquarters, and in my opinion ho 
 was in a dying condition. 
 
 Q. What became of the other ? 
 
 A, He was wounded too ; but I did not see him again. 
 
 Q. Did you ever see him afterwards ? 
 
 A. No, sir. 
 
 Q. How were the men wounded ? , , . ■ ,i, 
 
 A. The one who was carried up near the headquarters was wounded somewhere in tee 
 br6flst 
 
 Q. What kind of a weapon had Captain Wirz in his hand ? 
 
 A. A revolver. 
 
 Q. How near were you to him? , u j- . 
 
 A. I was perhaps 2U paces distant from him ; I am not positive about the distance. 
 
 Q. • How &r was the prisoner when he shot ? 
 
 A Py fit vprv TftT 
 
 q! You are certain you saw Captain Wirz discharge the pistol iu his hand ? 
 
 ^ Yes sir 
 
 0. Did' the man who was brought up to the headquarters die? 
 
 A I did not, myself, see him die; but he was evidently in a dying condition, judging by 
 
 his appearance. I neVer saw him again; we were not allowed to speak to the guard, and 
 
 ' rl"you :^Lmbi"^ny la;guage used by Captain Wirz on that occasion ? 
 
 A HeLkedthe lieutenint of the guard, "Where is the guard who allowed tbismanto 
 fail out of the ranks?" The guard was pointed out, and Captain Wirz ordered him to be 
 
800 TEIAL OP HENKY WIKZ. 
 
 tied up by the thumbs for two hours. After this, Captain Wirz pointed out the man, and 
 said, " That is the way I get rid of you damned sons of bitches." 
 
 Q. Was anything said as to the purpose for which the men left the ranks and went towards 
 the brook 1 
 
 A. I myself saw the man fall down ; he had epileptic fits, and I was informed that the men 
 ran after water for him. We had not received any water all night ; they kept us all night in 
 the cars ; on the way down from Macon to Andersonville we had no water. When we 
 passed the creek we wished to get some water, but we were not allowed to have any. We 
 were kept at the headquarters of Captain Wirz for about two hours, without receiving a 
 drink. We were then divided into squads and transported into the stockade. 
 
 Q. When you were ordered into the stockade, was the man who had been shot still lying 
 there, or had he been carried out ? 
 
 A. I was taken out with four other men to be put into the 7 1st detachment, and was shortly 
 afterwards taken away from the headquarters into the stockade. 
 
 Q. State whether you have any means of judging whether the man died from that gun- 
 shot wound. 
 
 A. All that I can state is, that he was, in my opinion, in a dying condition. I judged so 
 from his heaving up and down, and from his gasping for breath. 1 have seen many men on 
 the battlefield in the same condition, and they always died shortly afterwards. 
 
 Q. Where was the wound ? 
 
 A. The blood was running oat from his breast, or the middle of his body, somewhere. 
 
 Q. Did you hear anything about it afterwards ? 
 
 A. All I heard of it was from a rebel sergeant — I "think his name was Colby — he said the 
 man died. 
 
 Q. When did he tell you that? 
 
 A. Some time after I was in the stockade. 
 
 There is evidence given by Hugh R. Snee (p. 2430 ; manuscript, p. 1041) 
 of a double murder committed outside the stockade, on the way from the stock- 
 ade to the depot, and which occurred a little after dark, the victims being Union 
 piisoners, who were attempting to make their escape among those going out for 
 exchange. 
 
 The circumstances, as given by this witness, (p. 2430; manuscript, 1041,} 
 are, that in September, 1864, when some men were going out for special exchange, 
 there were two men belonging to an Iowa regiment who fainted between the 
 prisoner's headquarters and the depot ; they fell out of the ranks, and a man ran 
 back and wanted to know why they came out. They said they wanted to get 
 out of prison. A man said, " I will help you out damned soon." The witness 
 heard six discharges from a pistol, and heard a cry as if some one was hurt. 
 Presently a rebel officer, be thinks a lieutenant, coming along, remarked, " It 
 was a brutal act." Some one asked hira who it was, and he said, " The captain." 
 He also said, "One of them is dead." Witness thought it was Captain Wirz's 
 voice which he heard through the crowd, but could not state positively. 
 
 There is still other testimony of murders committed by the baud of this pris- 
 oner, as given in the testimony of Willis Van Buren (p. 1802; manuscript, 
 p. 802) and James H. Davidson, (p. 936 ; manuscript, p. 386.) I desire only 
 to call the attention of the court to the testimony of the witness Snee, and the 
 two first named, as bearing upon this branch of the case, without venturing to 
 express an opinion as to the guilt of the prisoner. 
 
 There is still one other case of deliberate murder by the hand of this accused. 
 It is that related by Geerge W. Gray, (p. 2700; manuscript, p. 1158.) The 
 CQurt will remember that during the examination of this witness there occurred 
 one of the most impressive episodes of this trial, which must not be overlooked 
 or forgotten in judging of the truth or falsehood of George W. Gray's narration. 
 He has been severely attacked by the prisoner in his statement to the court, 
 although no contradicting evidence was introduced and no circumstances given 
 which could raise a reasonable doubt for the benefit of this accused. I call the 
 attention of the court to the entire evidence of this witness in relation to the 
 occurrence. He testifies, (pp. 2700-1-3-5-6-7 ; manuscript, p. 1158 :) 
 
 Q. Do you know anything about the prisoner having shot a prisoner of war there at any 
 time ? 
 
 A. He shot a young fellow named William Stewart, a private belonging to the 9th Min- 
 
TRIAL OF HENRY WIRZ. 801 
 
 ■nesota infantry. He and I went out of the stockade with a dead body, and after laying the 
 dead body in the dead-house, Captain Wirz rode up to us and asked by what authority we 
 were out there. Stewart said we were there by proper authority. Wirz said no more, but 
 drew a revolver and shot the man. After he was killed the guard took from his body about 
 $20 or $30, and Wirz took the money from the guard and rode off, telling the guard to take 
 me to prison. 
 
 Q. Are you sure about that 1 
 
 A. If I was not I would not speak it. 
 
 Q. By whose orders did you come out with the dead body ? 
 
 A. It was my determination, 1 don't know whether it was Stewart's or not, to get away 
 again. For that reason we went out ; we begged for the body. 
 
 Q. Do you know whether that was the time that Lieutenant Davis had something to do 
 what the prison ? 
 
 A. I recollect now that Lieutenant Davis ordered the sergeants of each detachment to 
 detail men to carry out of the stockade the dead bodies of men belonging to that detach- 
 ment. 
 
 Q. State what Captain Wirz had in his hand when he shot that soldier. 
 
 A. He had a revolver, whether a navy pistol or not I don't know ; it was a large pistol. 
 
 Q. How near was he to him ? 
 
 A. About eight feet from him, I think. 
 
 Q. Where did the ball take effect in your comrade ? 
 
 A. In the breast. He died right there where he was shot. 
 
 Q. Were you at the time attempting to make your escape ? 
 
 A. No, sir ; but it was my intention to do so if I could. I was not attempting it at that 
 time, nor was Stewart. 
 
 Q. How far were you from the dead-house 1 
 
 A. About 50 yards — about half the distance from the stockade to the dead-house, a little 
 off and to one side of it. 
 
 Q. You do not know whether Lieutenant Davis had a partial command there 1 
 
 A. I think that in September Captain Wirz was relieved temporarily by Lieutenant Davis 
 on account of ill-health, for about two weeks, probably. 
 
 Q. Of the fact of Wirz committing this particular offence you are certain? 
 
 A. I am, sir. 
 
 Q. When testifying with reference to the man on the white horse, you said something 
 about not being able to identify him ; had you any difficulty afterwards in identifying Cap- 
 tain Wirz 1 
 
 A. The first time I knew such a man in the prison I heard Lieutenant Davis call his name 
 at the gate. He said, " Captain Wirz _como down this way." I looked at the man and 
 asked the boys if he was not the commander of the Andersonville prison. 
 
 The judge advocate called upon the prisoner to stand up for identification. 
 
 The prisoner, who was lying on a lounge, partly raised himself, turning his 
 face to the witness. 
 
 Q. Do you recognize that man as the person who shot your comrade ? 
 
 A. That is the man. 
 
 The prisoner attempted to say something in contradiction of the witness, but 
 was not permitted by the court. The judge advocate requested the prisoner to 
 stand upon his feet. 
 
 The prisoner having complied with the judge advocate's request, the witness 
 looked at him and said, " I think that is the man." 
 
 Q. The prisoner whom you have been talking about, you were in the habit of recognizing 
 in the prison as Captain Wirz ? 
 
 A. Yes. 
 
 Q. Do you recollect whether the man who shot your comrade had a foreign accent I 
 
 A. I took him to be a German or a foreigner by his talk, for this reason, when I was put 
 III the stocks he said to me, " Gott tam you, I fix you." For that reason I took him to be a 
 foreigner, or a Dutchman. 
 
 This impression of the scene, (one of the most remarkable occurring during 
 the trial,) as the witness Gray confronted the murderer of his companion, was 
 such as this court and all who were present will never forget. The witness was 
 cautioned to be careful, and told that it was a very serious matter about which 
 he was to speak ; but there was no trepidation, no hesitation, no doubt dis- 
 coverable in his manner, and I think all who heard him must have felt that he 
 spoke only the truth when he said, " that is the man." You are told on the 
 part of the defence that this witness is not to be believed, and among the reasons , 
 H. Ex. Doc. 23 51 
 
802 TRIAL OP HENEY WIEZ. 
 
 it ia urged that on cross-examination he said that he thought the prisoner rode 
 a roan horse, while the general testimony is to the efiect that the prisoner usually 
 rode a gray mare, and that he afterwards saw him on a sorrel horse. I would 
 remind the court that Mr. Gray is not the only person who describes the pris- 
 oner as riding a roan horse, and I need hardly remind counsel so prolific of 
 negative evidence, that men who usually ride gray horses have been known to 
 ride sorrel horses. 
 
 Another reason urged why Gray's story is not to be believed is, that it is 
 improbable. A complete answer to this is found in the conduct of this accused 
 towards the prisoners of war in his custody. No act of brutality was improbable 
 with him, no provocation was needed, but, like the infamous Vargas, killing with 
 him was but a pleasant recreation, and seemed the business of the hour. 
 
 Again you are told 'that Gray is not to be believed because he mentioned a 
 circumstance of cruelty (the bayoneting of soldiers) which was brought out 
 by no other witness. Is this so surprising a fact that this court must reject the 
 whole evidence of a witness otherwise supported ? This whole record has been 
 made up, not by calling a few witnesses who narrate all that occurred at Ander- 
 sonville, but by calling very many, each of whom brings with him the knowl- 
 edge of facts which, from the very necessities of their surroundings, were not 
 always in the possession of others. Gray's statement of the cruel bayoneting 
 of our soldiers at Andersonville is entirely consistent with the treatment they 
 met from the beginning to the end of that horrible prison. 
 
 I insist, gentlemen, that the evidence of George W. Gray is entitled to your 
 highest consideration, and although it alone fixes upon the prisoner at the bar 
 guilt which can only be expiated by the highest punishment known to the law, 
 you cannot resist the proof 
 
 I have thus, without regard to the evidence under charge first, presented the 
 evidence under charge second, as spread upon the record, showing that this 
 accused, while acting as commandant of the prison at Andersonville, deliberately, 
 wantonly, and maliciously destroyed the lives of 18 prisoners of war in his cus- 
 tody. I confess myself too much overcome 'with the melancholy details of this 
 trial and the frightful disclosures to dsvell longer on so sad a theme. If this 
 accused still answer that, admitting the facts charged, he did these things in the 
 exercise of authority lawfully conferred upon him, and that what he did was 
 necessary to the discipline and safety of the prisoners, I answer him in the lan- 
 guage of Lord Mansfield, given in an important case: 
 
 In trying the legality of acts done by military officers in the exercise of their duty, par- 
 ticularly beyond the seas, where cases may occur without the possibility of application for 
 proper advice, great latitude ought to be allowed, and they ought pot to suffer tor a slip of 
 form, if their intention appears, by the evidence, to have been upright. It is the same as 
 when complaints are brought against inferior civil magistrates, such as justices of the peace, 
 for acts done by them in the exercise of their civil duty. There the principal inquiry to be 
 made by a court of justice is, how the heart stood, and if there appear to be nothing wrong 
 there, great latitude will be allowed for misapprehension or mistake. But, on the other 
 hand, if the heart is wrong, if cruelty, malice and oppression appear to have occasioned or 
 aggravated the imprisonment, or other injury complained of, they shall not cover themselves 
 with the thin veil of legal forms, or escape, under the cover of a justification the most tech- 
 nically regular, from that punishment which it is your province and your duty to inflict on so 
 scandalous an abuse of public trust. (Wall vs. MacNamara.) 
 
 May it please the court, I have hastily analyzed and presented the evidence 
 under charge second. If we have not travelled through the history of those 
 long weary months of suffering, torture, starvation, and death, and become 
 familiar with each day's roll of those who passed away, the mind could not 
 contemplate this last though briefer roster of the dead without feelings of 
 utmost horror. Mortal man has never been called to answer before a legal tribu- 
 nal to a catalogue of crime like this. One shudders at the fact, and almost 
 doubts the age we live in. I would not harrow up your minds by dwelling fur- 
 ther upon this woeful record. The obligation you have taken constitutes you 
 
TRIAL OP HENRY WIEZ. 803 
 
 the sole judge of both law and fact. I pray you administer the one, and decide 
 the other, metiug out to those involved in this crime of the universe all justice, 
 without fear, favor, or partiality, and without regard to position, high or low, of I 
 those proved guilty. — '^ 
 
 N. P. OHIPMAN, 
 Col. and Additional Aide-de-Camp, Judge Advocate. 
 
 wirz's ability to use both his arms. 
 
 October 24, 1865. 
 
 At the request of counsel for the accused, Dr. C. M. Ford and Dr. John 0. 
 Bates made, in the presence of the court, an examination of the physical condi- 
 tion of the prisoner. 
 
 By consent of the judge advocate. 
 
 Dr. C. M. Ford was called as a witness for the defence, and being duly sworn, 
 was examined as follows : 
 
 By OouxsEL : 
 
 Q. State what is your position; 
 
 A. I am acting assistant surgeon in the army of the United States, in charge 
 of the hospital at the Old Capitol. 
 
 Q. Have you, during some time past, been in the habit of seeing the pris- 
 oner ? ' 
 
 A. Yes, sir ; since June, I believe, ever since his imprisonment, he has been 
 under my care when sick. 
 
 Q. Have you during that time examined his right arm, and have you exam- 
 ined it to-day ? 
 
 A. Yes, sir. 
 
 Q. What do you find to be the present condition of his arm ? 
 
 A. It is swollen and inflamed, ulcerated in three places ; and it has the appear- 
 ance of having been broken. In addition to that, I believe that portions of both 
 bones of the arm are dead. 
 
 Q. State your professional opinion as to the strength of his arm in its present 
 condition ? Would he be capable with that arm of pushing or knocking down a 
 person, or using any heavy or even a light instrument in doing so % 
 
 A. I don't know that I can answer that question entirely. I don't know 
 how much strength he has in the arm ; but I should think him incapable of 
 knocking a man, or lifting a very heavy instrument of any kind, without doing 
 great injury to the arm. 
 
 Q. Have you examined also the prisoner's left shoulder ? 
 
 A. Yes, sir. 
 
 Q. State what you found to be its condition. 
 
 A. There is a very large scar on the left shoulder, and a portion — about half, 
 I should suppose — the outer half of the muscle of the shoulder, The deltoid 
 muscle is entirely gone — I suppose from the wound ; it has been carried away, 
 only the front part of the muscle of the shoulder remaining. 
 
 Q. How does that influence the strength of the arm ? 
 
 A. It prevents in a great measure the action of the deltoid muscle, the use 
 of which is to elevate the arm. It would prevent the perfect elevation of the 
 arm. It has no influence at all on the flexion of the arm at the elbow, or strik- 
 ing out with the fore-armfrom the elbow ; it does not have any material effect 
 
 as to that. 
 Q. How do you find the fingers of the prisoner's right hand / 
 A. I believe that two fingers, the little finger and the next, are slightly con- 
 tracted ■ not permanently so, I believe. I am not positive, but I think I couldi 
 
804 TRIAL OF HENEY WIRZ. 
 
 straighten them. The contraction is due to the injury of the nerve leading down 
 to the fingers. 
 
 Q. Have you examined the legs of the prisoner 1 
 
 A. I have. 
 
 Q. What do you find to be their condition ? 
 
 A. I find both of them covered with dark brown scars, as if they had been 
 ulcerated at one time. 
 
 Q. Do you find traces of his having had the scurvy ? 
 
 A. Yes, sir. 
 
 Q. State your professional opinion as to the bodily strength of the prisoner, 
 so far as regards his ability to do any injury to any one 1 
 
 A. He is now in a very prostrated condition ; and I should not think him now 
 capable of doing much violence to any one in the present condition of his 
 system. 
 
 Q. Taking into consideration the general condition of his arms, legs, and 
 bodily frame, do you think him capable of exerting himself to any extent in 
 doing injury to anybody, pushing a man down, or anything of that kind ? 
 
 A. I believe that he might push a person down, but I do not think he would 
 be apt to exert himself to do any act of violence, because in doing that he 
 would be very apt to do injury to himself. 
 
 By the Judgk Advocate : 
 
 Q. In what you have said, you speak of the prisoner's present condition 1 
 
 A. Yes, sir. 
 
 Q. The opinion which you give has no reference to the condition in which he 
 was a year ago ? 
 
 A. No, sir. 
 
 Q, From the symptons presented, can you reason back and tell us what was 
 his condition in 1864 ? 
 
 A. I should not think the right arm was any better in 1864 than it is now. 
 The scurvy, if he was suffering from it then, inight make the wound worse. 
 Scurvy or similar disease will often cause fractures to open again after being 
 reunited. 
 
 Q. Can you say with certainty what was the prisoner's condition a year ago ? 
 
 A I cannot ; but the external appearances would indicate that there had been 
 a very extensive injury to the bones and the tissues. 
 
 By the Court : 
 
 Q, Can you say whether the wound has ever healed, and this is the second 
 breaking out of it ? 
 
 A. No, sir ; I do not know ; I first met the prisoner in June, when he came 
 to the prison. The wound was then in very nearly the same condition as now. 
 
 The Prisoner. In 1863, my health failing, I asked a furlough to go to 
 Europe, and received it after an examination by the chief surgeon at the hos- 
 pital at Richmond. I went to Europe and had my wound operated upon at 
 Paris. The doctor there thought that all the dead bone had come out. After 
 spending several months in Switzerland, I returned to England, and from there 
 to the Confederate States. On shipboard, three or four months afterwards, the 
 wound broke open again, and has been in its present condition since February, 
 1S64. 
 
 By consent of the judge advocate, 
 
 Dr. John C. Bates, being recalled, was examined as a witness for the de- 
 fence. 
 
 By Counsel: 
 
 Q. You have heard the opinion just given by Di-. Ford; give us your general 
 opinion about the state of the prisoner's health. 
 
TRIAL OP HENRY WIRZ. 805 
 
 A. I have tlie advantage of Dr. Ford in having seen the prisoner at Ander- 
 souville ; but while there I never examined him professionally. I noticed on 
 several occasions that he had difficulty in using his right arm. I never inquired 
 wliat was the matter. As I stated some time since, he was feeble in September, 
 1864, and did not look like a man enjoying the best of health. The impression of 
 some of the medical gentlemen at Andersonville (you can take it for what it is 
 worth) was, that there was in his system a constitutional syphilitic taint. For 
 that reason, I asked him to let me examine his shanks. There is, it seems to 
 me, an intermingling of the scorbutic and syphilitic taint. When this first 
 manifested itself I do not know. I agree with Dr. Ford in all that he has said ; 
 there is nothing from which I would dissent. I concur in his opinion in refer- 
 ence to the left shoulder, the destruction of a portion of the deltoid muscle, and 
 also in his opinion in reference to the right arm, the inability to use it with any 
 considerable degree of force in lifting or striking. He could not use the right 
 arm very extensively, without injury to the bones, which are partially destroyed. 
 By the Judge Advocate : 
 
 Q. May not a man disabled in the arm so that he cannot strike out straight, 
 without danger of injury to himself, be still able to use a pistol with great effect 
 by exercising the wrist ? 
 
 A. In the case of injury or partial destruction of the main muscle of the 
 shoulder, he might use the arm from the elbow ; but the upper portion of the 
 arm would remain partially inactive. 
 By Counsel : 
 
 Q. Would it cause the prisoner any pain if he should use a pistol or any in- 
 strument, by striking from the elbow with his right arm ? 
 
 A. I should think so ; considering the condition of the bones and the ulcera- 
 tion, it might be a serious injury to them. 
 
 FINDINGS AND SENTENCE. 
 
 The court, being cleared for deliberation, and having maturely considered 
 the evidence adduced, find the accused, Henry Wii-z, as follows : 
 
 Of the specification to charge I, " guilty," after amending said specification 
 to read as follows : . ] 
 
 In this, that he, the said Henry Wirz, did combine, confederate, and conspire 
 I with them, the said Jefferson Davis, James A Seddon, Howell Oobb, John H. 
 Winder, Kichard B. Winder, Isaiah H. White, W. S. Winder, W. Shelby Reed, 
 R. K. Stevenson, S. P. Moore, Kerr, late hospital steward at Anderson- 
 ville, James Duncan, Wesley W. Turner, Benjamin Harris, and others whose 
 names are unknown, citizens of the United States aforesaid, and who were then 
 engaged in armed rebellion against the United States, maliciously, traitorously, 
 and in violation of the laws of war, to impair and injure the health and to destroy 
 the lives, by subjecting to torture and great suffering, by ponfining in unhealthy 
 and unwholesome quarters, by exposing to the inclemency of winter and to the 
 dews and burning suns of summer, by compelling the use of impure water and 
 by furnishing insufficient and unwholesome food, of large numbers of federal 
 prisoners to wit, the number of about forty-five thousand soldiers in the niilitary 
 service of the United States of America, held as prisoners of war at Anderson- 
 ville in the State of Georgia, within the lines of the so-called Confederate btates, 
 on or before the 27th day of March, A. D. 1864, and at divers times between 
 that day and the 10th day of April, A. D. 1865, to the end that the armies of 
 the United States might be weakened and impaired, and the insurgents engaged 
 in armed rebellion against the United States might be aided and comforted ; 
 and he the said Henry Wirz, an officer in the military service of the so-called 
 Confederate States, being then and there commandant of a military prison at 
 
806 TRIAL OF HENKY WIRZ. 
 
 Andersouville, in the State of Georgia, located by authority of the so-called 
 Confederate States, for the confinement of prisoners of war, and, as such com- 
 mandant, fully clothed with authority, and in duty bound, to treat, care, and 
 provide for such prisoners, held as aforesaid, as were or might be placed in his 
 custody, according to the law of war, did, in furtherance of such combination, 
 confederation, and conspiracy, maliciously, wickedly and traitorously confine a 
 large number of prisoners of war, soldiers in the military service of the United 
 States, to the number of about forty-five thousand men, in unhealthy and un- 
 wholesome quarters, in a close and small area of ground, wholly inadequate to 
 their wants and destructive to their health, which he well knew and intended ; 
 and while there so confined, during the time aforesaid, did, in furtherance of his 
 evil design and in aid of the said conspiracy, wilfully and maliciously neglect to 
 furnish tents, barracks, or other shelter, sufficient for their protection from the 
 inclemency of winter and the dews and burning sun of summer; and with such 
 evil intent did take and cause to be taken from them their clothing, blankets, 
 camp equipage and other property of which they were possessed at the time of 
 being placed in his custody ; and with like malice and evil intent did refuse to 
 furnish or cause to be furnished food either of a quality or quantity sufficient to 
 pi-eserve health and sustain life ; and did refuse and neglect to furnish wood 
 sufficient for cooking in summer and to keep the said prisoners warm in winter, 
 and did compel the said prisoners to subsist upon unwholesome food, and that 
 in limited quantities, entirely inadequate to sustain health, which he well knew; 
 and did compel the said prisoners to use unwholesome water, reeking with the 
 filth and garbage of the prison and prison-guard, and the offal and drainage of 
 the cook-house of said prison; whereby the prisoners became greatly reduced in 
 their bodily strength and emaciated and injured in their bodily health ; their 
 minds impaired and their intellects broken ; and many of them, to wit, about 
 the number of ten thousand, whose names are unknown, sickened and died by 
 reason thereof, which he, the said Henry Wirz, then and there well knew and 
 intended ; and so knowing and evily intending, did refuse and neglect to provide 
 proper lodgings, food, or nourishment for the sick, and necessary medicine and 
 medical attendance for the restoration of their health, and did knowingly, wilfully 
 and maliciously, in furtherance of his evil designs, permit them to languish and 
 die from want of care and proper treatment ; and the said Henry Wirz, still 
 pursuing his evil purposes, did permit to remain in the said prison, among the 
 emaciated sick and languishing living, the bodies of the dead, until they became 
 corrupt and loathsome, and filled the air with fetid and noxious exhalations, 
 and thereby grea+ly increased the unwholesomoness of the prison, insomuch 
 that great numbers of said prisoners, whose names are unknown, sickened and 
 died by reason thereof. And the said Henry Wirz, still pursuing his wicked 
 and cruel purpose, wholly disregarding the usages of civilized warfare, did at the 
 time and place aforesaid maliciously and wilfully subject the prisoners aforesaid 
 to cruel, unusual and infamous punishment, upon slight, trivial and fictitious 
 pretences, by fastening large balls of iron to their feet, and binding numbers of 
 the prisoners aforesaid closely together with large chains around their necks and 
 feet, so that they walked with the greatest difficulty ; and being so confined, 
 were subjected to the burning rays of the sun, often without food or drink, for 
 hours and even days, from which said cruel treatment numbers whose names 
 are unknown sickened, fainted, and died ; and he, the said Wirz, did further 
 cruelly treat and injure said prisoners by maliciously tying them up by the 
 thumbs, and wilfully confining them within an instrument of torture called the 
 stocks, thus depriving them of the use of their limbs, and forcing them to lie, 
 sit, and stand lor many hours without the power of changing position, and being 
 without food or drink, in consequence of which many, whose names are unknown, 
 sickened and died; and he, the said Wirzj still wickedly pursuing his evil pur- 
 pose, did establish and cause to be designated, within the prison enclosure con- 
 
TEIAL OF HENRY WIRZ. 807 
 
 taining said prisoners, a " dead-line," being a lino around the inner face of the 
 stockade or wall, enclosing said prison, and about 25 feet distant from and within 
 said stockade ; and having so established said dead-line, which was in some 
 places an imaginary line, and in other places marked by insecure and shifting 
 strips of boards, nailed upon the top of small and insecure stakes or posts, he, 
 the said Wirz, instructed the prison guard stationed around the top of said stockade . 
 to fire upon and kill any of the prisoners aforesaid who might fall upon, pass over 
 or under or cross the said dead-line, pursuant to which said orders and instruc- 
 tions, maliciously and needlessly given by said Wirz, the said prison guard did 
 fire, upon and kill a number of said prisoners ; and the said Wirz, still pursuing 
 his evil purpose, did keep and use ferocious and blood-thirsty dogs, dangerous 
 to human life, to hunt down prisoners of war aforesaid who made their escape 
 from his custody; and did, then and there, wilfully and maliciously sufi'er, incite 
 and encourage the said dogs to seize, tear, mangle, and maim the bodies and 
 limbs of said fugitive prisoners of war, which the said dogs, incited as aforesaid, 
 then and there did, whereby a number of said prisoners of war who, during the 
 time aforesaid, made their escape and were recaptured, died ; and the said Wirz, 
 still pursuinj^ his wicked purpose, and still aiding in carrying out said conspiracy, 
 did cause to^be used for the pretented purposes of vaccination impure and poisonous 
 vaccine matter, which said impure and poisonous matter was then and there, by 
 the direction and order of said Wirz, maliciously, cruelly, and wickedly, deposited 
 in the arms of many of said prisoners, by reason of which large numbers of them 
 lost the use of their arms, and many of them were so injured that they soon 
 thereafter died ; all of which he, the said Henry Wirz, well knewand maliciously 
 intended, and, in aid of the then existing rebellion against the United States, 
 with the view to assist in weakening and impairing the armies of the United 
 States, and in furtherance of the said conspiracy, and with the full knowledge, 
 consent, and connivance of his co-conspirators aforesaid, he, the said Wirz, then 
 and there did. 
 
 Of charge I, " guilty," after amending said charge to read as follows : 
 
 Maliciously, wilfully and traitorously, and in aid of the then existing armed 
 rebellion against the United States of America, on or before the 27th day of 
 March, A. D. 1S64, and on divers other days between that day and the tenth 
 day of April, 1865, combining, confederating and conspiring together with Jef- 
 ferson Davis, James A. Seddon, Howell Oobb, John H. Winder, Eichard B. 
 Winder, Isaiah H. White, W. S. Winder, W. Shelby Reed, E. E. Stevenson, 
 
 S. P. Moore, Kerr, late hospital steward'at Andersonville, James Duncan, 
 
 Wesley W. Turner, Benjamin Harris and others unknown, to injure the health 
 and destroy the lives of soldiers in the military service of the United States, 
 then held and being prisoners of war within the lines of the so-called Confeder- 
 ate States and in the military prisons thereof, to the end that the armies of the 
 United States might be weakened and impaired ; in violation of the laws and 
 customs of war. 
 
 Of specification first to the charge II, " guilty," adding the words " or about" 
 immediately before the phrase " the ninth day of July." 
 
 Of specification second to charge II, "guilty," 
 
 Of specification third to charge II, " guilty," after striking out " June," and 
 inserting instead " September." 
 , Of specification four to charge II, " not guilty." 
 
 Of specification five to charge II, " guilty," after striking out the phrase " on 
 the thirtieth day," and inserting instead the phrase, " on or about the twenty-fifth 
 day." 
 
 ■ Of specification six to charge II, "guilty," after striking out the word "first," 
 and inserting "fifteenth," and also striking out the phrase " on the sixth day," 
 and inserting instead the phrase "on or about the sixteenth day." 
 
 Of specification seven to charge II, "guilty," after striking out the word 
 
808 TRIAL OF HENRY WIEZ. 
 
 " twentieth," and inserting instead the word " first," and also after inserting " or 
 about" Immediately before the phrase "the twenty-fifth day." 
 
 Of specification eight to charge II, "guilty." 
 
 Of specification nine to charge II, " guilty." 
 
 Of specification ten to charge II, " not guilty." 
 
 Of specification eleven to charge II, " guilty," after striking out the word 
 " first," and inserting instead the word " sixth ;" after striking out also the phrase 
 " incite and urge" and the phrase " encouragement and instigation," and by adding 
 the words " or about" after the word " on," where it last occurs in the specifica- 
 tioij; and also after striking out the phrase "animals called bloodhounds," and 
 inserting the word " dogs ;" and also strikingout the word " bloodhounds" where 
 it afterwards occurs, and inserting the word " dogs ;" and also striking out the 
 words " given by him." 
 
 Of specification twelve to charge II, " guilty." 
 
 Of specification thirteen to charge II, " not guilty." 
 
 Of the second charge, " guilty." 
 
 And the court do therefore sentence him, the said Henry Wirz, to be hanged 
 by the neck till lie be dead, at such time and place as the President of the United 
 1 States may direct, two-thirds of the members of the court concurring herein. 
 
 LEW. WALLACE, 
 Major General and President Com. 
 
 N. P. Chipman, 
 
 Col. and Add. A. D. C, Judge Advocate. 
 
 And the court also find the prisoner, Henry Wirz, guilty of having caused the 
 death, in manner as alleged in specification eleven to charge II, by means of 
 dogs, of three prisoners of war in his custody and soldiers of the United States, 
 one occurring on or about the 15th day of May, 1864 ; another occurring on or 
 about the 11th day of July, 1864; another occurring on or about the let 
 day of September, 1864, but which finding as here expressed has not and did 
 not enter into the sentence of the court as before given. 
 
 LEW. WALLACE, 
 Major General and President of Com. 
 N. P. Ohipman, 
 
 Col. and Add. A. D. C, Judge Advocate. 
 
 REPORT OF THE JUDGE ADVOCATE GENERAL. 
 
 War Department, Bureau of Military Justice, 
 
 October 31, 1865. 
 To the President : 
 
 Henry Wirz was tried by a military commission, convened at Washington, 
 D. 0., on the 23d day of August, 1865, by order of the President of the United 
 States, on the following charges and specifications. 
 
 [Here follow the charges and specifications.] 
 
 Upon being arraigned, the prisoner's counsel submitted the following pleas : 
 1st. That he ought not to be held or tried, for any cause, by the government of 
 the United States, because, according to the terms of the surrender of the rebel 
 General Johnson, under whose command he was serving at the time, it was 
 agreed that all officers and men should be permitted to return to their homes, 
 not to be disturbed by the United States authorities so long as they observed 
 their obligations and the laws in force where they resided. 2d. 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 Gen- 
 
TRIAL OF HENRY WIRZ. 809 
 
 eral Wilson's staff, that he should not be held as a prisoner, but that after giving 
 such verbal information to General Wilson as he was able, he should have a 
 safe conduct to his home, which promise was violated. 3d That the commis- 
 sion had no jurisdiction to try him for the offences charged ; also, that he had 
 been on the 21st of August arraigned and put on trial before the same tribunal 
 on the same charges, and could not be tried or " put to answer" a second time 
 therefor. Also, that the charges and specifltations were too vague and indefi- 
 nite, 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 delib- 
 eration, properly overruled by the commission. 
 
 A plea of " not guilty" to both chai-ges and specifications thereto was then 
 made by the prisoner. 
 
 The investigation of the matters alleged against the prisoner then commenced, 
 and continued until the Slst day of October, during which time 148 witnesses 
 for the prosecution and defence were examined, and a large amount of docu- 
 mentary evidence found in the official papers captured at Andersonville, and 
 among the rebel archives at Richmond, was introduced. 
 
 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 peti- 
 tion, twelve days, for this purpose. He, however, declared that it was insufficient 
 time, and thereupon announced that he would submit the case without 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, who shows himself familiar with all the material facts,) 
 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 there- 
 after the court, it appears, having maturely considered the evidence adduced, 
 found ihe accused, Henry Wirz, as follows : 
 
 [Here follow the findings and sentence of the court.] 
 
 It is not necessary for the purposes of this review to go into an elaborate dis- 
 cussion of the c[uestion involved in the findings on the first charge. From the 
 document of the proceedings, containing more than 500 pages, presenting a mass 
 of evidence bearing upon these q[uestions, no brief summary can be made which 
 would do justice to the subject. The argument of the judge advocate sets forth 
 an able and exhaustive examination of the material legal points raised and proof 
 established by the trial, and forms a part of the record. It may be relied on as 
 giving a full and just exposition of the matters which entered into the deliber- 
 ations of the court, and, as particularly applicable to this branch of the case, 
 reference is respectfully invited to pages 4838 to 5148. The opinion is expressed 
 that the conspiracy, as described in the findings above recited, was clearly made 
 out, and that the conclusions arrived at by the court could not, in the light of the 
 evidence this records contains, have been avoided. 
 
 Language fails in an attempt to denounce, even in faint terrors, the diabolical 
 combination for the destruction and death, by cruel and fiendishly ingenious 
 processes, of helpless prisoners of war who might fall into their hands, which 
 this record shows was plotted and deliberately entered upon, and, as far as time 
 permitted, accomplished by the rebel authorities and their brutal underlings at 
 Andersonville prison. Criminal history presents no parallel to this monstrous 
 conspiracy, and from the whole catalogue of infamous devices within reach of 
 human hands, a system for the murder of men more revolting 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. 
 
810 TRIAL OF HENRY WIRZ. 
 
 There remains yet to be' noticed the matter involved in the second charge.' 
 The homicides alleged to have been committed under this charge, and which the 
 court found were committed, are of four classes : First. Those cases of death 
 which resulted from the biting of dogs. (Specification II.) Second. Oases of 
 death which resulted from confinement in the stocks and chain-gang. (Specifica- 
 tions 5, 6, 7.) Third. Cases of prisoners killed by guards, pursuant to direct 
 orders of Wirz, given at the time,*( Specifications 8, 9, 12.) Fourth. Cases of 
 prisoners killed by Wirz's own hand (Specifications 1, 2, 3.) 
 
 That all the deaths embraced in these four clases resulted from the causes 
 and in the manner set forth in the specifications, is conceived to be very clearly 
 established by the evidence adduced by the prosecution, and it is not deemed 
 necessary, in the absence of any contradictory testimony directly bearing on 
 these instances, to recite the evidence applicable to each, except, it may be, briefly, 
 that relating to the fourth class, (Specifications 1,2, 3,) and some acts of a simi- 
 lar character. 
 
 The testimony supporting the first specification is that of Felix de la Baume, 
 a Union soldier, who states, that on or about the 8th of July, 1864, he was 
 one of a detachment of prisoners taken to Wirz's headquarters to be enrolled, 
 before being sent into the prison ; that one of his comrades was attacked with 
 epilepsy, and some of his companions, by permission of the guard, ran to the 
 creek for water ; that he, the witness, heard a shot fired, and, on 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 Wirz's 
 headquarters, in a dying condition, the wound being in the breast. 
 
 There is also the testimony of George Conway, who states, that on or about the 
 11th of July, 1864, he saw Wirz shoot a Union prisoner within the stockade as 
 he was stooping to pick up his cup, which had fallen under the dead-line, and 
 that the man died almost instantly. 
 
 Which of these two cases (either being, it is conceived, sufficient to sustain 
 the allegation) the court relied on, does not, of course, appear. 
 
 In support of the second specification, Martin E. Hogan testifies, that some 
 time in September, when the prisoners were being removed from Andersonville 
 to Millen, he saw Wirz take a 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 testimony of George W. Gray, 
 who states, that about the middle of September, 1864, he and a comrade named 
 William Stewart, a private belonging to a Minnesota regiment, went out of the 
 stockade, iu charge of a guard, to carry a dead body, and that after laying it in 
 the dead-house they were on their way back to the stockade, when Wirz rode 
 up to them and asked, " by what authority they were out there ;" that Stewart 
 replied, they were out there by proper authority ; whereupon Wirz drew his re-^ 
 volvor 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 or 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 otlier than 
 those alleged in the specifications. They will be referred to as illustrating the 
 character of the prisoner, and establisljing a frequency and repetition of like 
 crimes. 
 
 James H. Davidson testified, that in April, as he remembered, Wirz came 
 into the stockade one day, and a lame man went up to him and asked him a ques- 
 tion, whereupon Wirz " turned around" and shot him, and he died. 
 
 Thomas C. Alcoke states that one day (the witness seems to have no know- 
 ledge or recollection of dates) Wirz came into the stockade and a man asked of 
 
TRIAL OF HENRY WIRZ. 811 
 
 liim permission to go out aud get some fresh air ; that Wirz asked him what he 
 meant, and that after a few more words had passed between them, Wirz 
 " wheeled around," pulled out a revolver and shot Mm down, the ball taking 
 effect in his breast, and death occurring about three hours afterwards. It also 
 appears by this witness, that when he remonstrated, Wirz told him he " had 
 better look out, or he would be put in the same place," and that soon after Wirz 
 came in with a guard and put him in irons. 
 
 Hugh R. Snee testified, that some time in September, 1864, a party of Union 
 prisoners were to be exchanged under an arrangement between General Sherman 
 and the rebel Hood ; that they were taken from the stockade after dark, as the 
 heat in the day was so great that the men would have fainted ; that none but 
 able-bodied men were selected, it being stated when they were called out, that 
 any one who could not walk 18 miles a day would be shot ; that notwithstand- 
 ing this, the men were so anxious to escape imprisonment that some too weak 
 to perform the day's travel came out. The witness states that three, who 
 belonged to some western regiments, were able to go but a sliort distance, before 
 they fainted and fell out of the ranks, and were pushed one side by the guard ; 
 that thereupon a man ran back, and speaking in a voice he thought at the time 
 to he that of Captain Wirz, wanted to know why they were there ; that they 
 replied, they wished to get out of prison ; whereupon this man said, " I'll help 
 you out, God damn you." Witness then heard six pistol-shots, followed by a cry 
 as if some one was hurt, " and immediately after, a rebel lieutenant came past 
 remarking that it was a brutal act ;" " that one of them was dead," and when 
 asked " who did it," replied, "the captain." 
 
 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 &nj parts of 
 July and September the prisoner was sick and confined to his bed, and could 
 not have committed the crimes charged to him in those months. In his state- 
 ment to the court, however, he made no reference to his absence — doubtless for 
 the reason that the testimony was of too general and loose a character to set up 
 as contradictory to the explicit statements of numerous witnesses as to the dates 
 wlien the crimes recorded in the finding were committed, corroborated as those 
 statements were, by official papers, bearing his signature, showing that at difier- 
 ent times during those months he was in the performance of his ordinary func- 
 tions as commandant of the prison. 
 
 It was claimed that deaths resulting from the use of dogs, in the capture of 
 escaped prisonersi were not crimes fastened upon Wirz, he not being present at 
 the pursuit and therefore not responsible. But it appears to have been the fact 
 that this use of dogs was under Wirz's special direction ; that the pursuit of 
 prisoners was in many instances initiated under his immediate orders, and in 
 some cases captures were made under his personal supervision. It was also 
 clearly proved that a part of each pack were ferocious dogs, dangerous to life, 
 so as X.0 make it probable that the men on whose track they were sent would 
 be killed. A man overtaken by these beasts, and desiring to surrender, could 
 not, by coming to a stand, save his life ; the instinct of the dogs was for human 
 blood, and to surrender to them was death. A most shocking illustration will 
 be given! Two soldiers had escaped, but were overtaken; the party who 
 captured them returned with but one, (who was so mangled that he died,) and 
 the chief of the party, known as Turner, exulted in accounting for the other, 
 stating that they allowed the dogs to tear him in pieces, and left him in the 
 
 As applying to the question of criminal responsibility involved in this class 
 of homicides, the judge advocate referred the court to the well settled principle 
 of law that it is not essential that the hand of the party should be the immediate 
 occasion of the death, but that if it be shown that means were used hkely to 
 
812 TRIAL OF HENRY WIRZ. 
 
 occasion death, and which did so occasion it, the party using such means is to 
 beheld responsible for the consequences. 
 
 There is but one of this class of homicides which enters into the findings of 
 "guilty," under this charge. A discussion of the legal points involved is con- 
 ceived to be needless, inasmuch as the charge is sustained by a conviction on 
 nine other distinct allegations of murder. 
 
 As to the deaths resulting from the use of stocks and chain-gangs, the defence 
 urged that the men were placed therein for the purposes of discipline ; that they 
 were commonly used for such purposes, and that their use at this place was 
 attributed to those higher in authority than Wirz, to whose orders he was 
 subject. Upon this point it is to be observed that prisoners were put in these 
 instruments of torture as punishment for having escaped, or having made attempts 
 to escape from their captors, which attempts, whether successful or not, it was 
 their right and duty as prisoners of war to make. Any punishment inflicted 
 upon them, therefore, by their captors was a violation of the laws of war, and 
 deaths resulting from such unlawful punishment are murders. This would be 
 the judgment of the law apart from some of the peculiar circumstances which 
 surround these crimes, and which so decidedly indicate their true character, 
 prominent among which is the often declared animus of the prisoner, showing 
 conclusively that in these and kindred barbarities he was deliberately seeking 
 to sacrifice the lives of his victims. It was shown that these stocks and chain- 
 gangs were under Wirz's immediate and direct control ; that he exercised full 
 authority in committing prisoners to both. While it may be and probably is 
 the fact that his action in this matter was sanctioned by the rebel Winder when 
 he was on duty at that place, it does not relieve the prisoner of responsibility 
 for the result. 
 
 Relating to the three homicides embraced in the third class, the prisoner 
 makes no special defence, except as to the killing of the man known as Ohick- 
 amauga. He urges in his final statement, that his order to the guard to shoot 
 this man was only intended as a menace. It is clear, however, from the tes- 
 timony, that his order in this case, as in the others, was peremptory, and, 
 according to his own version, it was not a command that could be construed by 
 any subordinate as merely a menace ; moreover, it was distinctly proved to 
 . have been accompanied by a threat that he would shoot the guard if the guard 
 did not shoot this crippled soldier. He states further, and it is so found by the 
 record, that this poor man desired to be killed, it would seem, because he was 
 suspected by his comrades of having given information to the prison-keepers of 
 some attempts of prisoners to escape from the stockade. This fact, however, 
 in no degree palliates his murderous guilt. 
 
 Of the homicides embraced in the fourth class (those committed directly by 
 his own hands) the prisoner's statement notices but one, that of Stewart, sworn 
 to by the witness Gray. It is asserted that the testimony of this witness is a 
 pure fabrication. There is nothing found in the examination of the record which 
 casts a doubt on his veracity, and the court seem to have discovered nothing in 
 his manner on the stand to raise the question of his credibility. 
 
 As to all those cases not heretofore specially mentioned, the defence insists 
 that the allegations were too vague and indefinite, and that the testimony 
 is insufficient to sustain them, and also that it is altogether improbable that 
 such murders could have been committed without coming to the knowledge 
 of various witnesses, who stated that they had never heard of such crimes 
 at Andersonville. No evidence being submitted which contradicts the concur- 
 rent and explicit statements of the witnesses who gave positive testimony of 
 their perpetration, these murders are fastened to Wirz's hands. 
 
 Many points were raised by both sides relating to the admission of evidence 
 as the trial progressed. These were fully debated at the time. No discussion 
 of them here is deemed necessary, it not being found that competent proof 
 
TRIAL OP HENRY WIRZ. 813 
 
 material to the prisoner's defence on the specific offences of which the court 
 pronounced him guilty was excluded. 
 
 Much latitude seems to have been given him. He was allowed to show special 
 acts of kindness to prisoners, and to introduce declarations made by himself in 
 explanation of his acts. Letters and official reports, and oral testimony of his 
 personal eSbrts, offered as indicating his interest in, and a care for, the comfort 
 of the prisoners, were also admitted. It is shown that every witness asked for 
 by the defence was subpoenaed, except certain rebel functionaries, who, for 
 reasons stated at the time, did not appear on the stand. But the judge advocate 
 proposed that if the counsel for the defence would set forth, according to the 
 common rule by affidavit, what he expected and had reason to believe any wit- 
 ness who did not so appear would testify, it would be admitted of record that 
 such witness would so testify. This proposition was not accepted. One hun- 
 dred and six witnesses were subpoenaed for the defence, of whom 68 reported, 
 but 39 of these, many of them soldiers of our army, and sufferers at Anderson- 
 ville, were discharged by the prisoner's counsel without being put upon the 
 stand. 
 
 A review of the proceedings leads to the opinion that no prejudice to the legal 
 rights of the prisoner can be successfully claimed to have resulted from any 
 decision which excluded testimony he desired to introduce. The trial is believed 
 to have been conducted in accordance with the regulations governing military 
 courts, and the record presents no error which can be held to invalidate the pro- 
 ceedings. 
 
 The annals of our race present nowhere and at no time a darker field of 
 crime than that of Andersonville, and it is fortunate for the interests alike of public 
 justice and of historic truth, that from this field the veil has been so faithfully 
 and so completely lifted. All the horrors of this pandemonium of the rebellion 
 are laid bare to us in the broad, steady light of the testimony of some 150 wit- 
 nesses who spoke what they had seen and heard and suffered, and whose evidence, 
 given under oath and subjected to cross-examination and to every other test 
 which human experience has devised for the ascertainment of truth, must be 
 accepted as affording an immovable foundation for the sentence pronounced. 
 
 The proof under the second charge shows that some of our soldiers, for mere 
 attempts to escape from their oppressors, were given to ferocious dogs to be 
 torn in pieces ; that others were confined in stocks and chains till life yielded 
 to the torture, and that others were wantonly shot down at Wirz's bidding or 
 by his own hand. Here in the presence of these pitiless murders of unarmed 
 and helpless men, so distinctly alleged and proved, justice might well claim the 
 prisoner's life. There remain, however, to be contemplated crimes yet more 
 revoking, for which he and his co-conspirators must be held responsiijle. The 
 Andersonville prison records (made exhibits in this case) contain a roster of 
 over thirteen thousand (13,000) dead, buried naked, maimed, and putrid, in one 
 vast sepulchre. Of these, a surgeon of the rebel army who was on duty at this 
 prison, testifies that at least three-fourths died of the treatment inflicted on them 
 while in confinement ; and a surgeon of our own army, wlio was a prisoner there, 
 states that four-fifths died from this cause. Under this proof, which has not 
 been assailed, nearly 10,000, if not more, of these deaths must be charged 
 directly to the account of Wirz and his associates. This widespread sacrifice 
 of life was not made suddenly or under the influence of wild, uugovernable pas- 
 sion, but was accomplished slowly and deliberately, by packing upwards of 30,000 
 men, like cattle, in a fetid pen— a mere cesspool, there to die for need of air to 
 breathe, for want of ground on which to lie, from lack of shelter from sun and 
 rain, and from the slow, agonizing processes of starvation; when air and space 
 and shelter and food were all within the ready gift of their tormentors. This 
 work of death seems to have been a saturnalia of enjoyment for the prisoner, 
 who amid these savage orgies evidenced such exultation and mingled with them 
 such nameless blasphemy and ribald jests, as at times to exhibit him rather as 
 
814 TRIAL OP HENRY WIEZ. 
 
 a demon than a man. It was his continual boaat that by these barbarities he 
 was destroying more Union soldiers than rebel generals were butchering on the 
 battle-field. He claimed to be doing the work of the rebellion, aiad faithfully, 
 in all his murderous cruelty and baseness, did he represent its spirit. It is by 
 looking upon the cemeteries which have been filled from Libby, Bello isle, Salis- 
 bury, Florence, and Andersonville, and other rebel prisons, and recalling the 
 prolonged sufferings of the patriots who are sleeping there, that we can best 
 understand the inner and real life of the rebellion, and the hellish criminality 
 and brutality of the traitors who maintained it. For such crimes human power 
 is absolutely impotent to enforce any adequate atonement. 
 
 It may be added, in conclusion, that the court before whicht he prisoner was 
 tried was composed of oflScers high in rank, and eminent for their faithful ser- 
 vices and probity of character, and that several of them were distinguished for 
 their legal attainments. The investigation of the case was conducted throughout 
 with patience and impartiality, and the conclusion reached is one from which 
 the overwhelming volume of testimony left no escape. It is recommended that 
 the sentence be executed. 
 ^ J. HOLT, 
 
 Judge Advocate General. 
 
 ORDER OF THE PRESIDENT. 
 [General Court-martial Orders No. 607.] 
 
 War Department, Adjutant General's Office, 
 
 Washington, November 6, 1865. 
 
 I. Before a military commission which convened at Washington, D. C., 
 August 23, 1865, pursuant to paragraph 3, Special Orders No. 453, dated 
 August 23, 1865, and paragraph 13, Special Orders No. 524, dated October 
 2, 1865, War Department, Adjutant General's Office, Washington, and of which 
 Major General Lewis Wallace, United States volunteers, is president, was 
 arraigned and tried Henry Wirz. 
 
 [Here follow the charges, specifications, findings, and sentence.] 
 
 II. The proceedings, findings, and sentence in the foregoing case having been 
 submitted to the President of the United States, the following are his orders : 
 
 Executive Mansion, November 3, 1865. 
 The proceedings, findings, and sentence of the court in the within case are 
 approved, and it is ordered that the sentence be carried into execution, by the 
 oificer commanding the department of Washington, on Friday, the 10th day of 
 November, 1865, between the hours of 6 o'clock a. m. and 12 o'clock noon. 
 
 ANDREW JOHNSON, President. 
 
 III. Major General 0. 0. Augur, commanding the department of Washington, 
 is commanded to cause the foregoing sentence, in the case of Henry Wirz, to be 
 duly executed, in accordance with the President's order. 
 
 IV. The military commission, of which Major General Lewis Wallace, United 
 States volunteers, is president, is hereby dissolved. 
 
 By command of the President of the United States : 
 
 E. D. T0WN8END, 
 Assistant Adjutant General. 
 Official : 
 
 E. D. TOWNSEND, 
 Assistant Adjutant General. 
 
TEIA.L OF HENKY WIEZ. 815 
 
 LETTER OF THE COMMANDING GENERAL DEPARTMENT OF WASHINGTON, 
 REPORTING THE EXECUTION AND BURIAL OF HENRY WIRZ. 
 
 Headquarters Department of WASHrNGTON, 
 
 Washington, D. C, November 11, 1865. 
 Sir : I have the honor to report that the sentence and orders of the President 
 in the case of Henry Wirz, as promulgated in General Court-martial Orders No. 
 607, dated \Var Department, Adjutant General's Office, "Washington, November 
 6, 18G5, have been duly executed (between the hours of 10 and 11 a. m.) yes- 
 terday, November 10, and his body has been interred by the side of Atzerodt, 
 in the arsenal grounds. 
 
 I am, general, very respectfully, your obedient servant, 
 
 C. 0. AUGUR, 
 Major Gen. Vols., Commanding Department. 
 The Adjutant General of the Army. 
 
INDEX. 
 
 Subject. 
 
 Manu- 
 script. 
 
 Printed. 
 
 Executive order, convening a military commission for the trial of Henry 
 
 Wirz 
 
 Meeting of the commission 
 
 Charges and specifications 
 
 Retirement of counsel, (Messrs. Hughes and Peck) 
 
 Other counsel admitted, (Louis Schade and O. S. Baker). 
 
 Pleas in abatement and to jurisdiction 
 
 Argument thereon 
 
 Decision . 
 
 The prisoner pleads not guilty to the charges and specifications 
 
 Rules of proceeding 
 
 Testimony, (see Index to Testimony.) 
 
 "Wirz furnished a copy of the record at the expense of the government 
 
 First charge and specification amended by inserting "Isaiah H. White" 
 
 in place of "Joseph White " 
 
 Motion to strike out the name of John H. Winder from the first'charge 
 
 and specification 
 
 Withdrawal of counsel for the accused, (Messrs. Baker and Schade) — 
 /Eeadmission of counsel for the accused, (Messrs. Baker and Schade).... 
 
 : Remarks in reference to handcuffing the prisoner ■ 
 
 . The missing Andersonville records 
 
 •Cannsel for the accused ask that the court reject certain testimony 
 
 Illness of Captain Wirz during the trial 
 
 Letter from Wirz asking the attendance of clergymen 
 
 Daily recess of the court discontinued - - ■ 
 
 Counsel for the accused request that witnesses for the defence be sent for. 
 
 Illness of Captain Wirz ' 
 
 Adjournment of the court in consequence 
 
 Letter from Judge Casey permitting use of Court of Claims room 
 
 Mr. Baker submits a supplemental list of witnesses for the defence; remarks 
 
 thereupon - - - • -. .• ■ 
 
 Argeement between the prosecution and defence as to records in evidence 
 Proposition of the judge advocate in regard to closing the prosecution.. . 
 
 Counsel for the defence ask an adjournment of the court for a week 
 
 Remarks relative to Mr. Schade passing letters between Captain Wirz 
 
 and Mrs. Wirz n'„""'.,V ' 'V^i i '^ 
 
 Adioumment of the court in consequence of the illness of General Bragg. - 
 Order relieving General Bragg from duty as a member of the commission - 
 Counsel for the accused apply for an adjournment of the court to give 
 
 them time to prepare their defence. Decision ------- ------ ■ - - - 
 
 Counsel for the accused ask a further adjournment of the court to enable 
 
 the defence to prepare their case-...-- ------------ ■- : " V V.i"„'r," 
 
 Ai-gument upon the question of caUing Robert E. Lee, James A. Seddon, 
 
 Robert Ould, and others as witnesses for the defence 
 
 Statement in reference to Dr. Mudd's complicity . . --.. 
 
 Close of defence, and remarks upon adjournment to give time for piepara- 
 
 tion of the arguments -- ■ v ' "i,' "'■„'' 
 
 Statement of the jirisoner in answer to the charges 
 
 Argument of the judge advocate.- 
 
 Findings and sentence - - 
 
 Report of the Judge Advocate General 
 
 Letrff fhe crmmankggen^ralVdep'artoent' of W 
 the execution and burill of Henry Wirz .- 
 
 1 
 
 2 
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 22 
 
 23 
 
 24 
 
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 ; : ;a 
 
 
 a ' 
 
 
 
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 111"* 
 
 
 ■J3 . 
 
 "S> 
 
 
 -a ,a 
 
 -a 
 
820 
 
 INDEX. 
 
 o 
 
 
 
 ■c 
 
 
 00 -^ »o 
 
 tMC^OCOCO:DCOOOCiOO'-HCN(?>(?4COCOTtHCiO<:D(t>010C< 
 P_ ^ ^ ^ rt r-1 r-1 1-1 i-H tH i-l .-. rl rH r-i M Ot 
 
 51 
 
 i 
 
 a . 
 
 K a 
 
 a- 
 
 o c^ . o 
 
 CO in o i>. 
 
 •^ »0 l> QO 
 
 CO « « CO 
 
 '-ITfC^OCOt^OCOTPCSTjoCOeOb-COOt^OOC^TfO^O-^OOiOvrttM'^ 
 
 (M i> uo 3" ^ ^ vn -^ CO in OS iH CO t* I o d c* CO in CO 00 CN CO i> en i> CTi in 
 
 1> t^ C30 OT i-l i-i r-t (M CM O) ^ CO ^^ CO CO CO CO CO ^ ^ ^ -^ in in CO 
 
 i-H rt 00 
 
 a 
 fl 
 
 a 
 o 
 
 o 
 
 ^ 
 
 ■i^o 
 
 Jsd • 
 
 1^ 
 
 
 figo 
 
 <JQMMPgh^P<<Ki-5^Cii»0 
 
 C] CO 
 
 cQ a 
 
 ta.g ca 
 
 Kmg 
 
 
 M«g 
 
 6s 
 
 o ■- 
 H ho 
 
 OJ © Q> C 
 
 ►^ O Ho i-o W fj B 03 
 
 
 
 :S a 
 
 o a 
 a oJ 
 
 
 "sa 
 =■ a 
 
 c8 'i; a a -^ '« 
 
 pja *^ -^ %H +^ H 
 .^ ° o » aj_§ 
 
 i^-g^.« a, 
 
 2 6 
 a c3 
 to -t; 
 
 ■c 
 
 ft-te oooooooooooooooooooo 
 
 tn ™.^T3rarararan3n3n3'm3T3'T3.T3T3"3'T3n3n3T3 
 _a 2 ■ 
 
 o a 
 
 .2 rf _S ^-^aOrtfloocscsaooooooooooooooo 
 
 a&l'a O Ofi a OpppQppQpQpQppQpflpflQp 
 
 ■go-^g-S-g a;g 
 fif4E-iOHW E-iO 
 
INDEX. 
 
 821 
 
 
 CO X 1 I Oi CO to rH .CO 
 — CQ 1 I i> 00 Ci ■^ . C> 
 coco t I CO CO CO CO 1 tH 
 
 COOSOOmCIO -CM 'Ci'--0 
 
 aor-»cjoo0'^ tco luri^ 
 
 CO I— T-i -<a< CO 
 
 t^^'^Sii? £^ £^ coix:iaQCQCj:ir-icoTrioi>QDc:ir-(o 'iLOOTrTt-*ooi>oooTji-^i>cot^ 
 
 CMQIWC* C* G^ <M (M 55 05 C?4 CO CO CO CO CQ CO CO CO r^ • CO -^ -i r-^ i^ P3 !^ rH ^ M CO CO CO 
 
 COCO 
 W OD 
 
 . -sj* I^ . . 
 
 ' IC O ■ ' 
 
 .010 • ' 
 
 
 i— CO lO i:d 
 
 -H ,-, r-ll> 
 
 c^ t^ l^ U5 i> -^ 
 
 ^H vo lO '-' p— I O 
 
 b-^tO-^ fe? UO lCTl^T^OQO(?llOlOQOiCO'":J^lCr-^CO 
 KO^CCOOO CO CJ5 ^ODCO i>00 vr^O ^^ OCT -^ CM in 
 ;05D:OtO to ^ )> i> 00 QO 00 03 O O O 1-1 r- 1-1 i> c^ 
 
 I— I «-1 I— 1 T— 1 T— ' r-t !—( 
 
 o^ ii-^ 
 
 W'^^Tj«'#r-(00'«'r-(Ci-*OuOO<' 
 LOOOOOCQ ^-^OOOOCTOODO 
 
 o r-( r^ -5}» -^ ^ lo u:3 r-i or-*cn— ' 
 
 iH r-i 1—1 I-l T-H iH tH I 
 
 ■« ^ ^^ o 
 
 .^ . -^ ^C r-d 
 
 a a s 
 
 ■3 ;eM-? 
 
 d ■ 
 
 HO 
 
 5 a 
 
 3=3 
 S d " 
 n o s 
 p-acd 
 
 h^ a s 
 
 -a • 2 
 
 03 W CJ 
 U fl © 
 *-• 'm 2 
 P.'p<<i 
 
 to M 
 
 a o 
 
 O «l 
 
 <! §P^- 
 
 g ' 
 
 S so .1-5 ■:; 
 B (0 C8 0^2 
 
 It 
 
 
 =a 
 3 ' 
 
 ■a ■§ 
 
 ^ S » S J a"^ 
 ,; 3 2 B<! o a 
 
 y o H o . to _ca 
 
 CQ 
 
 ^^ 3 5..:|| 
 
 
 6 o o o 
 
 r^J rQ r0 r^ 
 
 o 
 w 
 
 2 §4. 
 
 "^ •,— oo 
 
 60 a" 
 
 .ai;s 
 "In a 
 
 u a ^ 
 * 2 
 
 .!h ©00 
 
 . 2 © ° 
 ■f 5 © 
 
 00000000000005j_^g 
 
 © ►. " 
 ■9^ 
 
 © -r^ 
 
 *" o o 
 
 p^ 
 rt o fl o^ 
 
 °a1=1 
 
 5 o 5 «j le 
 
 -a<J 
 ^ © 
 °^ 
 
 
 
 8 ;^ s " 'o 
 
 s o ©sta fl 
 ■p o<ja d o 
 3PH02U 
 
 © © Q 
 
 e a'^ 
 
 5 S2 
 
 
 E-iH 
 
 i 
 
 o 
 
 
822 
 
 INDEX. 
 
 
 
 cocococc 
 
 " m o -^ -^ > CO !0 
 
 £; 
 
 . 
 
 Or- »- 
 in r-C5 
 
 C4 ^ t* CO O CO •<)* 1 i-l « O -H cs OO OI> l> 
 
 T-HirtiocDot-oo I in 'O-^coocoiomco 
 
 CO CO CO CO rr T-1 rH -co ' r-t T-( 2« Tf CO CO CO c* 
 
 £; 
 
 
 03 
 
 1^ 
 
 to a 
 
 ooo -^ 
 
 • O CO »> 
 SCO OS 
 
 O O '* o 
 
 CO -fliCD t>» 
 OlOOO 
 
 t^co coco 
 I-l wcot* 
 
 el . 
 
 CO CO o 
 
 cooooo 
 ootoo 
 
 CI OO CO t^ 00 00 ■* 
 
 CO CO lO CD l^ O CO 
 0> O O O iH Tji ITS 
 
 <MCOlOCD-HO-Ht^ 
 
 lOQO — i^ooiaioo 
 
 CNCOl^-HOSOOt- 
 
 El 
 
 .2 
 
 a 
 o 
 
 o 
 
 Si 
 
 
 fH (U o 
 fli 03 fc^ 
 
 HCSQ 
 
 Sl-5 a 
 
 ^4 
 
 On 
 
 :& ^^ 
 
 
 ^2 £ fl « i5 T* 
 
 mpq. 
 
 J3 . S S.-; & . p 
 0±?'--c30c8k.k 
 
 s 
 
 ® 9 
 
 3 
 
 ll 
 
 be 
 a 
 *Sdo 
 
 03 
 
 t-l CO 
 
 
 2 2 o o o o 
 
 to u 
 '^^ s 
 
 p. , TO 
 >- O (H 
 
 S-3 S 
 
 .3 0^ 
 
 o >- a „• " 
 
 •^ 'S r2 <° ^ 
 
 >5 S => o-ja 
 =2 « c »;" 
 
 « 0-2- S 
 
 _^ oa cL o ce 
 
 ■2 g o » M 
 
 ® g CO ^^ 
 
 p B J5 'C 3 
 
 a . 
 
 <1 g 
 
 o ^ o „ S 
 
 ^"i 
 
 ^ o o o < 
 
 W ^O "^ 13 n 
 
 
 
 ^ 
 
 §1 
 
 '■3 i^ 
 
 ^'^ •'■^ ^ o o o o ^ o a ° ^ 6 6 o ' 
 |Sg,»PnQfigpS£.|QQQf 
 
 9 *Q <p 
 
 HoqH 
 
 CO fl 
 CO ^ 
 
 o o S 
 .°'C 0.2 
 
 ^ ® rtj o S 
 .o"^ o © ■*^ 
 
 .s o a3 ° 
 
 H _3 (U *C "el ^ 
 
 CD 
 
 ^ o^ g d S 
 
 O fs 
 
 
 fl o ja fC "^ *« 
 
 1 S o^ 
 
 
 .9 
 
 t^ w d O T" '" 
 
 H«ii tS Pk 
 
INDEX. 
 
 823 
 
 
 
 
 
 ■^ • ifl lO :o CO CD o CD -^ 
 
 OlOCOiLCCiaOi-li-'ift^OQOQO 
 
 ■««5*iarp-<3*ir5iOOCD 
 
 SfeS§£5 
 
 CO 
 
 OSQOO 
 
 to 
 
 
 astor -a"* 
 
 to 
 
 ■*lO'* 
 
 :OlA*'<*i<OCD» M 
 rH i-H * 
 
 GO I CO O ODCi lO -1 -^CO I C4 
 t* I CO 00 t^GOOiCO »H OT . 'rj' 
 C* t -<* lO CD CO i> CO 05 M tOT 
 
 lOiOOl^i-HOOOCOCOCO'-JO 
 fflOC0r^C0CDOT05CSO(»CD 
 C0Oi>O>^ Oil-It* 
 
 O iH 
 
 « Gl Tt* J> :0 rH f?l IC •OlCOCOu^'* i-H 
 O CO CO t* r-l CO '^ OO t-^OCOOM 04 
 CO Tl« « CO ■* lO CO CO 'CO0OCOCOO4 CO 
 
 ts-co i> 
 
 1-ICO — « 
 CO CD CO 
 
 O 
 
 5« 
 
 0) ^ 
 
 . o 1-J . © iH 
 
 OMPQOO 
 
 
 ; &»a 
 
 ;|-S|J 
 
 ' t; n 9 « 
 
 . o '-^ O CO 
 
 S =1 M 
 
 P S a 
 
 1-2 "^ 
 
 
 B'9 
 
 o 
 O 
 
 QPQQ QQ« n 
 
 ^1 
 
 Op:* 
 
 Iw 
 
 I O S [>. 
 
 
 
 1^^ 
 
 a 
 
 . . . o 
 
 bDW • ?' 
 
 pi gl^ « ;^ 
 
 2 13 ® O <D 
 
 9 a c 
 ' § =3 S o ffl-TS d 
 
 s-g'f^-s 
 
 M Q 
 
 
 <Soo 
 
 .Ufa. 
 
 o o o **-« 
 
 >- ^ S ° 
 CD c? © tn 
 
 ^-5-2 S o 
 
 CD-" 
 ' © ^3 
 
 :^ « 
 
 is 
 
 a bs 
 
 I; -a 
 
 , 03 0} 
 
 CO >> 
 
 (D .— f 
 
 S^ 
 rO O 
 
 CD o; 
 
 il 
 ■s « 
 
 ,0 "^ 
 
 qfinOP|g|gfl 
 
 BO"" 
 
 © 5 2 2 
 
 ,a j3 J ja 
 
 HHtnH 
 
 2 o 
 
 so© 
 
 3 2 
 
 07 
 
 a. 2 
 
 pM © 
 
 u 
 
 Q 
 
 -^ 
 
 i« o o o 
 
 O O O - w 
 
 03 n3 n3 t3 '^ 
 
 a:S 
 
 ° bo 
 
 ■c.g 
 
 © 'w 
 
 ^+-« d 
 P^ 
 
 ^i 
 
 o » 
 
 © a 
 
 © 
 
 .a 
 
 bo 
 
 a 
 
 H 2 
 
 !=! a 
 
 o 
 
 a 
 © 
 
 a . . 
 
 o ©-a 
 
 P. ^ « 
 
 03 "S, 
 
 .'a So a, 
 
 ^■^ -c 
 •^ a a, 
 
 JD'S © 
 
 -^ -s ja 
 
 a eo t4_( 
 
 'n"^ fl o o o 
 
 '-' t- "Ta 
 
 ©5= a 
 
 
 -w fij M a ^ a 
 
 Cm CD 13 e3 'u ri 
 
 n O O O O ^ ffj 
 
 
 
 a S'o a 
 
 •r-i JS.^\ (D 
 
 © O Q. © O. © 
 
 
824 
 
 INDEX. 
 
 a 
 
 11 
 
 § a 
 M a 
 
 
 
 
 
 
 ■ 1 !n • 
 
 
 ITS t 
 
 > I Tj* . . 
 
 1 ;^ : 
 
 1'*^ 
 
 
 Ol CO Oi o 
 
 -o m CO Tj* 
 
 a to -^ "^ CO 
 
 00 l> l-» OS eO I O l> CD WCiOD Cl M Ol O 00 CO CO rH 
 C^COClCOrf 'COCOCQCfcCO-^CDCOt^OSOOOOOS 
 ^^CD^Ut •COCD^'^^^^'^'*3>'^CO^^^ 
 
 •g 
 i 
 
 
 ^ 
 
 a 
 H a 
 
 a. 
 
 . iH • 
 
 ! w I I 
 
 I Ico I 
 
 Cico I 
 
 
 
 
 
 >C0 ' 
 
 • M ' i 
 
 
 iW CO 1 
 
 . —\ > 
 
 • I— 1 . 1 
 
 
 1—1 1-( 1 
 
 I CO CO i-i 00 
 I Ol 00 O Oi 
 > CO CO -^ CO 
 
 lO VCCOCO 
 .OlOl CO t* 
 « CO O* CO l> 
 SP'-I r-l iH iH 
 
 CDaOlrtCJCOCOlO(MCD'^-^t*0'^01-^t*OtOuO 
 COif50COOtG4COGDini>COCOTI't>.COOiO>iHi>Oi 
 
 wcNOiWvr^ooooooG^eotMWCOcococococococo 
 
 a 
 
 CO (a 
 
 ad; 
 
 <D o 'O O 
 
 Phoho 
 
 il5| 
 
 ^ f-1 a> 13 
 
 a ;d 
 '3 -g'S 
 
 a . B ■■3 ■ o- ■ 
 
 I a o 
 
 I ca 
 
 S5 
 
 
 ;w 
 
 
 ^-!^a 
 
 ■a o a a 
 woooa 
 
 ^ ^ 
 
 
 
 03 « 
 
 oa +^ 
 
 ^^ 
 
 CQ " 
 
 '5 a 
 « c 
 
 o " 
 m o 
 
 .a >, 
 
 ce d 
 
 I-l 
 
 
 60 
 
 a 
 
 ;3 
 
 o 
 
 ■2-S is 
 
 £-3 
 
 HH 1-5 
 
 o 
 bo 
 
 «.g . 
 
 S too 
 
 gjfil 
 
 O T3 
 
 3 
 
 •S o o * o 
 
 O ^H o 
 
 £> . b 
 
 a a 
 
 •3 ■S 
 
 2 t" b 
 
 5 ; ° 
 
 
 
 
 
 ho 
 
 a : J 
 
 fl 
 
 a i-a 
 
 ^ 
 
 lil 
 
 
 
 
 g<;^ 
 
 
 • ro 
 
 
 
 
 
 
 
 P- 
 
 to O^ 
 
 o 
 
 
 
 -o .3 .g 
 
 ^ & 
 a^^ 
 
 O 
 
 "JSOOoO'^^OOO'ojOOsrtO^ 
 
 a ft ° » ° M 
 .^ £-n g-C g 
 
 S|. 
 
 H <J 
 
 H H 
 
 ^^ ' rt QJ Ci ^ 
 
 fi.-^ Qj,ja aj,fl 
 <) B H 
 
INDEX. 
 
 825 
 
 00 r-1 T-i (O 
 
 i-i (3s CC O 00 l>- 
 O CM -^ — " i-H O 
 CO CCCO-^ -^ 
 
 • t^ 
 
 . « . . . 
 
 
 . O 1 < t 
 
 
 .(M.I. 
 
 05tH Tf 1-1 t>. 
 
 00 r-i ':s> iD do 
 
 ■^ in »i5 IQ lO 
 
 . » T-l 04 "^ 00 O t* « rH 
 . ..-Ir-lrHrHOllNoSS 
 
 f 
 
 00tOl^t>-*'^u:i00tH-<:tin00^J>C* 
 '<t"^ 1-1 »-i T-t i-l CM CO CO CO CO CO <£> 
 
 O^C0CDiN,eD 
 COQOOr-ICOOD 
 
 .^ -.gun »o in lO 
 
 l>. O^ CO ^ . O W lA ^ 
 tDOmtO .(NtN-WO 
 
 I ci 05 ic in CO 
 
 " Ol O T-( CM T-l 
 i-lr-i ri 
 
 • CO 
 
 g is 
 
 
 
 1144 
 1163 
 1778 
 
 1 CO Tj* -^a* in CD 
 
 CMCQ'-iCO00COOiT}<ait^ 
 Q0-^DOr-(r-('^aiinOI-» 
 
 co-^inmcocot^oocTias 
 
 coi-iOi-ioc*cooi-ii>inoi-icoi-i 
 oor-iinoot-ocMoooii-KMooTrini-^ 
 iHtM"— iT-i^ininvninojoor-ir-t-. 
 
 CD CO in o in o 
 i-j i> CM y:^ — CO 
 CO CO "^ ^ in ^ 
 
 03 fe. o 
 
 OPQfi 
 
 M 
 
 -S o g 
 
 to rf 
 
 
 ■s 
 
 
 03 . t4_. 
 
 
 &0§ 
 
 
 •g fe>? 
 
 E?0 
 
 » a> a; 
 
 « 2 
 I-3Q03 
 
 f^fe a 
 
 fee • 
 
 a B si' 
 
 J a. . 
 
 CD R 1^ 
 
 
 
 Ogg 
 
 t-t s 5 
 fH<!<! 
 
 
 •fe. 
 
 a, 
 
 6li 
 
 
 « DO 
 
 o g oa 
 
 '* f^.^ oooooooooo 
 
 la 
 
 m 
 
 s 
 a 
 
 
 
 g 3 
 
 sag 
 S S"" 
 
 ■^ © 
 
 ao 1/1 ^ 
 
 Ill" 
 'S'2 2 . . . 
 
 oooooo'ooooooogg&ioodooooooo 
 
 OfififiORRPPPfiPR ^^-^R-PPPPPPPPR 
 
 .g 
 
 S 
 o 
 
 gPRPPP 
 
 P 
 
 m 
 
826 
 
 INDEX. 
 
 §0 
 
 c 
 •c 
 
 CO • I ■ -^ 
 
 a 
 
 a u 
 K a 
 
 .^t^aieoooo-Htot^-^coi^aDOi'-icooo* 
 
 .& 
 
 03 
 
 CO d 
 
 =51 
 
 VC • • 1 rf 
 
 IC • < > CO 
 
 00 I • • CO 
 
 1— I I t • 1-i 
 
 M PI 
 
 feOlO^Qo■^1-<ocoollCMomt^^o^*lc 
 
 »J>Xa>COCCrJ<'^0000G^«COCO-!l«-^initO'^ 
 «l)i-^ i--tHi— IT— li—lrHi— i^--^i— ir-^-if— It— (i— li— II— ( 
 
 1 
 
 
 ^:a^i 
 
 ■r^ "^ 1S "S S 
 
 
 
 a 3 
 
 
 W K 
 
 ,<SW 
 
 SOT 
 
 SO 
 
 1 fci-S 
 
 . sJ ea I- 
 -*f -1—1 ^ eo 
 
 OPQWIZi 
 
 s te 
 
 
 J CU O O 'S 
 
 5^W| 
 
 *8 t>. "-< 
 
 d 
 
 (H O - 
 
 ttj 3 a 
 
 sis 
 
 <iWl-:i 
 
 ^2 i S'3— S " 
 
 ■" o o o o o S 
 
 ffl T3 T3 "^ T3 'O •— 
 
 »5 
 
 _ J2 _ 
 
 P ixP 
 a 
 '•3 
 
 s 
 •S 
 
 
 _ - 50pi,OOOOCOi 
 
 qOOOOOOO 
 
 •|npoRapo 
 
 ^ 
 
INDEX. 
 
 827 
 
 
 o in e« 
 
 oo . I I ■ • ai 
 
 coco ■ • I • t CO 
 
 O«Q0 
 
 ^ i> lO 
 
 NCO 
 
 CD ^ t* CD C< O 1 1> O 1— I 
 WrH(MC*COCO »C«WCO 
 
 QDO ^CO*«t** OaQOOxnCOeilQOCOa>i-H>C*aOQOOi-l005T-10QO«(3i^CDCOCD'^r-IC005tOCT)0 
 
 loto 'Cic^o* colnt^QQOloc^^Tt'cot^oD05COO'-^TrJ>o^-l01--'1-l^i>■ocoolO^--l»n«Db?^•l^ 
 
 ■ - *— WM G^CN<?*O«tNC0C0COC0C0C0C0 THrHr-ir-lC^CO rHi-iCOCO^i-fO^tMCOCOCNOTCOCO 
 
 CSiCD 
 (MOD 
 
 t^Oi '<* 
 
 O 1-H -«* 
 
 OS Oi i-H 
 
 > I • • ■ r^ 
 
 OOSOSLOOiOO 'lA-^-H 
 
 
 u'5CO(Nrf<004:DOC400(MCOCOCD'^CO'— iQ0CllC0iOC>0iaSC0i><-ii>OO'<#CMO 
 
 i-HXKJJCOCDi-li^WOOCDCC'^i-li^COGOCl — GOOi0050DOOCDlDOt*COlO«3;i-liO 
 
 t*t-"a0C00S0iaiOOOT-<r-iG^(»G^C0'^^O COC400!>tCOCD(>G10COQOi-iO 
 
 1— I 1— ( 1— I r- 1 r-l r— i— i i— I i— 1 t-( r-( 
 
 _. fl o3 
 
 ■1° 
 
 igi 
 
 I SI'S 
 
 n3 ;S 
 
 
 
 'rr- ^ to :73 ^ 
 
 S ^0 
 
 p g> w oa 
 
 to >i V 
 
 3 S 
 
 to a3 ffl 
 
 m d ■• 
 
 
 E^a s ^ 
 
 es [T p- 
 
 r to 3 Q 
 
 P.55E . S 
 
 '2 a a s 5" • 
 
 & pi "^ 
 
 KM 
 
 ^■3 
 
 : ill) 
 . >-• 
 
 3 
 
 ■e n 
 
 ;^ 
 
 .^ -.a 
 - •» 2 a 
 
 (-1 1-^ ^ 
 
 0) m a.>-5— g a, 
 
 o. 
 m 
 
 1^^2=5 S. .2 
 
 be 
 
 o o o o o o 'EL 
 ,n 
 
 <9 
 
 2 2 to 2 
 
 'Sc o o o o o 
 
 s 
 J . 
 
 -flj o 
 
 i 
 
 .2 
 "3d 
 
 o 
 « 
 
 _a 
 § 
 
 ■2 
 
 ' ' ' ' ~ ^ a = 0000000000'3,000000o^'0"0 "p. o o o ° ° 
 
 ^aflOfiR pofiflPafiflfiflQQ lonfifiOR-g-i s g« g^RPPPP 
 
 10 ffl tio'-B g 2 
 
 _jH jg 03 c3 S ^a 
 
 3 a 
 > o 
 
 O (D 
 
 2 
 
 bud 
 
 S ■" 
 
 Cm 
 
 .la 
 
 ■3-(SSg 
 §•'^2 3 
 
 CD m s 
 
 ja .aja 
 in eH 
 
828 
 
 INDEX. 
 
 Pi 
 
 •S I 
 
 2 i ; ; ifti is : 
 
 i i i i i : i^ M i^ i iS i 
 
 a 
 .S'S 
 
 M a 
 
 
 i-< OJ M C< 0* (M Ot CO CO M ?:) CO CO M ffO CO — l«c>iCO 
 
 oi 
 
 Ico I I o I 
 
 :2 ; ;s ; 
 
 
 §§5 ;g? 
 
 lOXO 'to 
 
 
 S i 
 
 O ' 
 
 .CO • > CO > 
 • i> t 'CD « 
 .,-1 . '00 i 
 
 
 cove— ilOCOl-OOi"* 
 
 .QOOicoaoi:oc?ii>cooi 
 
 « 0< r-l i-l CO -^ ""sj- ■^ ■^ 
 
 ^>.cOlHmTJ^^,^Dr-lt^^tOlft^Ol^-CllO-HOl.C!0^* 
 (TJOicocoiococsi— iio<sa3cococi3^coi>3^coc:>ao 
 
 lCiCOOC»XQ001CiCJC71COOi-i^rHrJi>000 
 
 ^ 
 
 .5 o 
 
 o 
 
 J 
 
 
 t: t^ 3 <u H 
 \a - .2 - 
 
 S ^ 
 
 ^ O ^i 
 r:^ " m 
 
 s-2 
 
 M"; 
 
 :ss 
 
 SCO 
 
 ® 3 m ca fl .M 
 
 1-5 Eh CL| 1-^ M f^ 
 
 bS 
 
 .,5 o 
 
 01-3 1-3 
 
 ok:; 
 
 
 -t= M c3 c3 '3 
 
 O 03 », 
 
 
 02 
 
 PhOOOOOOOOOOOOOOOOOOOOOOOO^-wwwu 
 
 ftflPPfififlpPfippOPOPPPfiPfiflfiOP g'pppp 
 
 =8 
 
 E-iH 
 
INDEX. 
 
 829 
 
 o to O M '^ 
 CO -^ uD iC =io 
 
 
 t Oi O OS irt 
 1 COOOOS lO 
 
 1 coco <£) rr 
 
 . Ifl -^ ■«* 00 ■'if CO r-1 
 I CD CD Ol O Ci O iO 
 I (O ■^ rp ifl -^ CD -^ 
 
 I OS -^Irt -^ O . CC b- 
 1 -<:t< O O CQ lO < O O 
 I CO CD iC Lf3 in > CD CD 
 
 NOSCO 
 
 rHTH ©I 
 
 CDQOrHt*tO'<*OSC005-^01i7JQO-^l^C<irHCO!-HTHOi-ii--i05'^CDCOaO-«:f<t^OlT-t 'C 
 CO'^lCU:»CDi>l>WOOOlOCDCDb-00»OCDCDC003C50sOl-^'rpT#u:SOSr-(COCOOl 'C 
 ^^■^rP^^rHLOiOCDCDCDCDCOCDrJtrrCO'n'TriQ'^inTPCDCDCO'^lCiCmirj '< 
 
 CO 1-1 (?^ 00 CO • I CO CO 00 
 -fQ0C3SO5Ol « I 00 CO CO ' i-l 
 I C^l Cvi « CO ' iCOlOCO ■" 
 
 s;^ 
 
 I l> lO O C4 
 I CO CD --i O 
 
 ' 00 coos CO 
 
 ■<* CD CO CD (M --H CO 
 OT C*0 COOOO OS 
 OD CO '^ -<:f< -^ CO C-t 
 
 coos l>OS r}( _. . . 
 
 ooos cTi r>. «* > t^oi 
 
 1> t> "^ ^ lO 'COCO 
 
 CDOCO 
 
 co-^co 
 
 i>^-"^oscoTtooG^oo■^oi>TJ*oco^'.os^co^>.^»co-*QOlOOlcor^^OTrcoco 
 
 »DQOOSO"^mCOi— 'COOOi-Hi-HCOOOOOS — 01'-'C3Si-lOl-*Q0b-t»OSi-ClO'-iI>'^ 
 C>tG^G'lCOCOCOCOir:COCDOOOOaDCOQOOJCOCOCOCO^COCO(>*i>l:^i>-*-^iOiOCD 
 
 ^ 
 
 m g o 
 
 s a u 
 s|s 
 
 a 
 "3 
 a 
 
 feWts 
 
 •^ as 
 
 
 
 — w rj ■ ■ ^ " 
 
 a. ^ a.2 • 
 
 ci*^ O cS O 
 • m ■ Jd 
 
 a CO ~ " pq 
 
 am 
 3d 
 
 " ° w S te 
 
 a ■ •;? a ^ . J . 
 SiiS '"'^ i: ° i: 
 
 fl (Q « 
 
 5p^-^h 
 
 
 5-a ; • 
 
 3^M||^^ 
 
 
 
 2 boS 'S S 
 
 S OJ " V, TS 
 
 
 01 O O 
 
 SfiP 
 
 
 
 ; l> 
 
 . bo 
 
 , ■ • a ■ -.ii ■ 
 I o o *E! o o fan o 
 
 OD 
 
 -a > 
 
 ^'© 
 
 o<+-.^ 
 
 SOO-COO WJOe] h-^ 
 
 „"ia- 
 
 I t3 
 
 2 ^ " 
 «q3 
 
 OS 
 
 ce - 
 9^o o 
 
 s 
 
 •|R 
 
 ,a 
 
 ,3gppppppififlfififl|^^l'^^l^1sl«l«fi««fi« 
 
 ^ 
 B 
 
 -a 
 
 
 ■a i"^ 
 
 -a 
 H 
 
830 
 
 INDEX. 
 
 M a 
 
 rtlQ O .CO • . (M 
 
 
 
 OOi 
 
 
 o —I 
 OD O 
 ■N ffO 
 
 00 00 
 
 coo 
 
 X a 
 
 O (NQOtN O 
 .iC 0> CO .-I 05 
 3 rH W<M 
 
 IC 1* CO t>. 00 O iTi 
 O CO t* -^ CO (H ■* , 
 
 CO io CO -^ (O ro 00 
 
 ^ 
 
 JS 
 
 k 
 
 s 
 
 & 
 
 
 
 
 
 pq 
 
 s 
 
 
 a; 
 
 O 
 
 
 fl{> 
 
 
 
 ^ 
 
 «< 
 
 Rfl 
 
 o S p'o 
 
 Maccp 
 
 ■a O g m 
 
 .'-a 
 
 "3 
 
 ..a 
 
 14 M 
 
 OS s " 
 
 S l*-t5 
 
 oW a. 
 .a . <s 
 E-l^-^W 
 
 9 ■ - -- 
 OS a S ' SPJ< 
 
 ad gj .ffiaj g 
 
 
 b 
 
 s 
 
 a 
 ^ 
 
 <«. 
 
 
 'S^OOOOOOOOOOOO 
 
 SpppppnpppfiflQ 
 
 li 
 
 s 
 
 
 g 
 
 
 S fcn 
 
 -S 
 
 
 a-g 
 
 •l 
 
 a 
 
 •s- 
 
 
 i=* 
 
 
 
 s 
 
 
 s- 
 
 s 
 
 a 
 
 
 
 h 
 
 
 
 
 s ■" 
 
 6ll 
 
 
 .S 
 
 S 
 
 
 a:^ 
 
 s. 
 
 
 'p-o o _ _ _ _ 
 ft-PRPPpfi 
 
 a> o 
 
 .=1 
 
 p£3 O) 
 
INDEX. 
 
 831 
 
 COM 
 
 00 O^ 
 GO O 
 
 00 O O GO 
 Ci O 1-1 is. 
 
 
 ss 1 
 
 
 
 f. t 
 
 
 csco ^ l> o 
 
 •*t CO i> 00 r— 
 
 04 iCOl o 
 (M OT CO l> 
 T-1 r-<NC* 
 
 Q0Wl>'-iO— lOCD-rrOfM 
 
 O*Ki-t'Q03«i-q'Q0CCG3CQCQCO 
 
 l^ir-ir-iC* 'CO .cot* 
 
 00 OS - ■ to > ^ o 
 
 QOCO 1 • CDQO O yD 
 « Tf t • COCO t> X 
 
 ■^ com 
 too o 
 
 tH W 
 
 COOl lO W r-) 
 OS CO to " 00 
 
 COCO t* 00 
 
 Ot^'^COQOWOt-.rJ'Ot* 
 
 eDCscob-'-ii>cMeoQOO"^ 
 
 04C*COCOTt«i*i.'5CCii;OI>QO 
 
 ■^OCSOODCOO^-^i-iTfCOiO 
 
 r-lT3»l-*OWt>.05^iX!iCU50S 
 
 C* ^ (M LO I© coco 
 
 be 
 
 bja ' p] fcdD 
 
 •^ w a - 
 
 1 ^ "S hD C fl 
 
 ! .<D (0 O &. ffl 
 
 iS 9 d I s 
 • q o>2 Pi - 
 
 ■ A • 
 
 'a 
 
 S. ^V-3 ip 
 
 a«B!>Bp35aqQ' 
 
 fei^P'SS-ss'^i 
 P;z50p:pq<!af=HMn 
 
 3^5^ .K^ god 
 
 . ^ 
 
 s & 
 
 OP 
 
 «MO 
 a 
 
 C t^ t^ 
 
 PPR 
 
 P.S ■" 
 
 3 o = a 
 PPSP 
 
 
 .H 
 
 t5 .^ b "^ 
 
 n 
 
 la 
 o 
 
 B 
 
 o 
 
 h 
 
 " 'O 13 T^ 03 13 ID 13 n3 ^73 'O n:J 
 
 OOOOOOOOOO 
 
 ppppo««fioo 
 
 doooooooooo 
 OQflPpPPPPPP 
 
 
 «P 
 
 
 ooplooooooo 
 PP.2PPPPPPP 
 
832 
 
 INDEX. 
 
 g 
 
 " d 
 
 •i -^ (Ji Qi -rjf ia> -rf 
 i CO CQ -^ CO 
 
 t^COOOOiOCO(7iCOrJ'(?lCDLOOb--!S'0»TriCO»CJS'^0 
 
 .ODCocicM«'^cocoaocoooco^i>t>"OJOiocDcoaicMco 
 
 » W CO CO rji CO CO CO CO T-( r-i -^ f-l I-. « Ol 
 
 CO CO 
 "^ 00 
 (MOT 
 
 ci lii o irt -^ cj oo 
 
 CO op CM ^:i -^ "* «D 
 (M C4 CO CO CO CO CO 
 
 M id 
 
 CO 00 l71 CD (M to CO 
 . 00 T-H CO CO l- O r-) 
 W 00 O >— (M I — I O 
 b^ i-H i-l r- in r-! 
 
 TfrJt.QO tTji 
 
 Oi-HtOtiiii|iCQ 
 
 tMO'O' \a 
 
 I-l • I-H . f 
 
 coco 
 
 CM CO 
 i>QO 
 
 OQOQDCOCOOOO(MOi-rfQOOCOi-(— 'Tj<Oi:DTf(0.-Heom 
 • l^.OOCOCMCOCOOO'^J'aiOl'-'OCOCOOOCO.-HOTf-GOOOCOOl 
 J?00Olr-iM GJ i-H Oi i-H O CM 1-1 1-1 (M ■^ ta* -^ O lO CO CO 
 
 |0 ^« 
 
 iO CD F- CO ^ CO CO 
 rH CD »^ Oi '» m CO 
 t* C30 05 OS O O O ■ 
 
 o 
 
 ^ 
 
 ^11=3 5 
 
 
 s « 
 
 
 fed 
 
 CO S «» 
 
 S S s 
 
 &C • &JD 
 
 MrHM 
 
 t> • a 
 
 ^1^ 
 
 S m 
 
 a H=! fl 'oj -J 
 
 * to « P I 
 
 i? o o ea I 
 
 f;^ «'o3 
 
 fir, 
 
 om 
 
 asta i 6c. 
 
 m M K . J2 O 
 
 o 0^3 ■^ s 
 l-ll-s^iJoQ 
 
 
 
 
 O O (0 o o 
 
 3 rq rq ^ rq rp 
 
 0^ 
 
 
 QQ 
 
 ,— 1 *t; %_, *«-< 
 
 flpjOOOOOOOO 
 
 opQo|po^ |P0 g-l.o gfippopppp ppfipppp 
 
 (D 0) 
 
 .a .9 
 
 EhwOB 
 
INDEX. 
 
 833 
 
 roo • .lO .o 
 
 OS iH 
 
 S5 S 
 
 K XI t>. i> o »o < o to 
 
 Tj* TJ« Tf 1© Tt 1 irt 1^0 50 
 
 >wu5'-i • m tp 00 o coco to 
 
 -.QD-QD 00 tOOOOCO COb. t-h 
 SCOmCD ' t-H^G* COM CO 
 
 w ■ CO O) Tf CO Tf oi CO lo cs in o « CO 
 00 •»omi>i>-i-*covnvooi'^0)coos 
 
 Tf I CO -^ -^ ^ ■^ CO Tl* "■* -rf Lf5 ic CO CO 
 
 'i*a> • 
 
 '' C4 
 
 .vrt . i 
 
 I o 
 
 CO 
 
 tH ■ 
 
 . lOCO CO 0»CJ 
 
 '• CM 
 
 Ti< in I 
 
 1 I CO 
 
 i.rr4-. ' 
 
 
 . CO ' ' 
 
 
 
 
 ■ lOOO CO •<$ OS 
 • CO CO CO 00 c* 
 
 
 
 
 
 1 T— 1 
 
 
 ■ ^H 
 
 i> 
 
 in • 
 
 ■ Tf 
 
 boS . 
 
 ■ ' CO 
 
 i-wl. t 
 
 
 
 
 
 
 
 
 1—1 iH 1 
 
 
 -iCD iCQD 
 3T-in> CO 
 _,_^ -J CO 
 
 t* Tt« i> in 00 CO -H 
 
 05 CD l>.as 00 O ©4 
 
 CO^COt^-'i'COCO-^-rPWrHt*-** 
 
 Oi-iTjicoincooiOi-ico''* — o 
 oococococooontcoTi'incoQOOi 
 
 &C OP 
 
 CL, 
 
 h^ CO • ^ 
 
 ETpfHO 
 
 OS *^ a) 
 
 
 ^ -3 • 
 
 -1^ 
 
 
 © ' 03 © 
 
 O 58 '^P 
 
 « fl o 53 
 
 faOH . ? 
 P ^ UTS 
 
 a g 
 
 djiwjoj^ 
 
 Q 
 
 B 
 
 
 6 O 
 
 no 
 
 o ° p.5 S /S ,? 
 PO SPPQO 
 
 P 
 
 _g JO 
 
 o 50 53 
 
 += W (» 03 
 
 -a o a 
 
 dS e8 08 
 p-^ rS ID > 
 
 J Si I 
 ■3.-= -- p. 
 
 ^-" P.S 
 
 m © ?? * 
 
 ^ t! 2 <» 
 •^ pSrJil eg' 
 
 <" g e^ 
 So 
 
 is bi=i- 
 
 § S^ a 
 _SSg.2 
 
 •H i J a 
 
 . CO -i^ w O 
 
 ojd y " a 
 
 
 o 
 
 o a 
 
 "a,2 a 
 
 •^ 
 
 "S> 
 
 
 o o o o o o 
 
 w 
 
 c6 
 
 pa o o 
 
 |pa 
 
 J3 
 
 ® t; - 
 P 
 
 ,a 
 
 O 
 
 ■H 
 
834 
 
 INDEX. 
 
 S.9 
 
 . di CO QO-r-l O 
 • t^ XI O U3 CO 
 ■ — !i-iC4OTC4 
 
 ;2 ;S 
 
 CD 
 
 •c 
 
 (3 .^ 
 
 a 
 la's 
 
 §.9 
 fig 
 
 P r-i i-i rl F^ pH Ot (55 C5 <?* CO CO CO CO 
 
 1° 
 
 Oh 
 
 ,000 COOO 
 
 1 tH TP I-" O Ol 
 
 'U5 O!© t» t* 
 
 00 Ol (M O CO 
 CO lOOOOi if3 
 
 s 
 
 M PI 
 
 Oi-^CO-^QpOOOrHOlO'-HCO'^lfi 
 • OOOiOS — CTO'lOQO'rCiOCOMi-lT? 
 wCO^-^iAiA^Ot^b-OOOiOr-llMOi 
 
 
 
 
 
 ss^-S. 
 
 
 
 CD ^ t*Oi tH 
 
 Oi CO CO CO CO 
 
 -3 ^- "S. a J 
 
 O O C3 S O 
 
 so . 3 
 
 CS<!| 
 o i* o 
 
 ■^ 
 
 ►? 
 
 I 
 
 
 60 = 
 OOOOOOOOOOe^^O 
 
 AQfifiPflPPflfio g5 
 
 4 
 
 s " 
 
 ~ I 
 
 5 P< 
 
 & -I 
 
 9 ~ 
 
 a o o o s3 H 
 
 J .9 
 
 MOO 
 
INDEX. 
 
 835 
 
 
 f 1 
 
 ; ; :S ;S2 :g§ ; ;SS ; : : : 
 
 < I 1- t 1— ItH I r-t r-l I tf-tr-l • i i i 
 
 
 s 
 
 i-lr-li-l-^-Hi-li-i(MC{55M05M«eoncO« r-lr1rtr-lr^i-l't-li-iiHr-lr-lrt(N<N(Mm« 
 
 l^O-^CNO 
 
 iH t* OS 
 
 ^ I O CO 
 
 1-1 'MCO 
 
 I CO CO 
 
 10(30 
 
 • coin 
 
 ■tNVO 
 '0J05 
 
 . O « O it o 
 
 all 
 
 tnS So 
 
 1=^ S n » 
 
 s . 
 
 to o 
 
 ■ §e 
 
 -a o « ^ 
 
 ra a 
 
 f^ "S 
 
 
 S 2-3 
 
 i^ « o 
 
 (d 
 
 d o o o o 
 
 ii^pio^fifi«««««««««««|««««««««««^'^^''°^^^^^'^ 
 
 J3 
 
 E-i 
 
836 
 
 INDEX. 
 
 .OiOOO 
 < 1>-QOOO 
 
 ■ iH T-M W 
 
 . rt I 1-1 I (M 
 
 
 w 
 
 M a 
 
 S M CO CO r-i 1-1 iH iH — i— (N « -^ 
 
 ooi-»t^c*u5-<a<u;coxoiuDt^cnocot«c]c 
 
 ir-ir-ir-iT-ir-i.-HpNr-lTHi-irHf-1i-t«OlW« 
 
 •c 
 
 I 
 
 II 
 
 d 
 
 "rl '^ 
 
 I CO to r-H 
 • CDOS "^ 
 
 CD i> CO 'inifioo ■oi'^co 
 F- TP lo ■ OD t* i> <eoc*co 
 
 t lO ■ lO 'lO 'CO 
 
 COl^CO00C0Tfl>COC*'^<NTl<i-( 
 .LraCOCOCOCOOiCOOi-i-«3*iOif300 
 
 tie iH J i-^ 
 
 l^OTiOOib-OeOOOiCOiCl>COOOOOC»CO 
 t-»-HC0i-iCTl>OC0TfC0i>OQ0aD01-*-^ 
 
 c^rocO'tj'TfTj'ioioioiouiiaominiCDOO 
 
 
 
 
 o 
 
 o 
 
 d 03 
 O 13 
 
 s <1J 9 
 
 OT O B S 
 
 1-5 
 
 SI" 
 
 « Sfq 
 
 .3 '^^ -' s 
 
 *s 3 J O _- 
 
 hi O .MO* 
 
 >,» g,-l^ a a. n 
 
 I 
 
 S^s^ S 
 
 to frr to y 
 
 ^iiis? 
 
 . s &2 ill 
 
 cQcH as gsa 
 
 . a'2 o cs ;r^ ea 
 
 JMcoCsmppH 
 
 
 
 ■so 
 
 ^ 
 
 s 
 
 fl so 
 
 a 
 
 o 
 
 CO 
 
 s 
 
 O m O O O O 
 
 a 
 o 
 
 CD 
 
 -- _ _ _ 0^300000000000000000 
 
INDEX. 
 
 837 
 
 .00 OS 
 
 • coco 
 
 • CO CO GO 
 t CO CO CO 
 
 I ^ OS CO 
 
 • COQOO 
 
 • ■«* -^ lO 
 
 .C4b- 1 Ift t* •-< OS CO CD l^ Tf lO 
 ■ ^C* .Tf OiCQOWiOiOOO 
 
 • lOio I -^ m CO Tji lo o CO 00 00 
 
 C4t*inOS'T-it> •t^COi-lCSOCDJ^O'^ 
 QD^HOKMCO-^ • OOOOCS i> t* CO to 3D O 
 CtCOCOCOCOCO • CO CO CO cococococo 
 
 C*'-HiOi00D^C0©JC01?l00C0C0C0»--C0OTfC0C05' 
 OOOi-l'^COtOQO^O»-i»-iOlCOO»000©i'«1'lOOO 
 
 -^ir5»oO'<3"«t'^ioiooiO'«*'^ioco'«a'iLOiocoQoao 
 
 OOM ■ 
 
 ; _„ : ; 
 
 » • cooo I 
 
 tOiii • 
 
 
 
 (DOS • 
 
 
 
 
 
 
 CS 1-1 OS OS Tl< O ■ OS CO i-( CD CO iC OD CD CO 
 
 lOiOCOb-QOCO ' C4 CO ■<* 00 00 J> t* CD ^ 
 
 OOOSOSOOSO '^i-H iH rt O O OOOOS 
 
 I— I .tHi— It— 1 1— I I— ) rl I— I 
 
 ■«*Ol>W— iQOt^ir5'*fr»'^C4iDCOC>»CO^OTfOCO 
 J>040COCDT-<l>.c50J'«S'COeOiOOlOSb-l>COO*>l^ 
 CO-^'<1'iOC»COCOiO'^'«3»Tj<«C«'^l>CO-«*iOOOC>Jf>* 
 T-irt,-l,-l„,-lTHr-l»H.-Hr-»r-r-ii-li-ir-l — r-li-lOlG^ 
 
 a 
 
 c3 I? 
 
 9 i3^ 
 
 3^i . 
 
 fe.-a 2 «a 
 
 gal's 
 
 ^1 
 
 -= . . . PI 
 
 bo Jd ts o ee 
 
 
 
 a . 
 
 sss 
 
 ee tfl w 
 
 riJ4 » 
 
 ' is "^ 
 
 -t? se- 
 
 §-. 
 
 ' so 
 
 eo w M 
 
 (-.S3 
 
 H 0) e3 
 
 |sw 
 
 O e3 (H 
 
 sdd>^ 
 
 60 . . . 
 
 S ^ ^ IH 
 
 <IQOO 
 
 o o o o 
 PQPOO 
 
 o o o o o"©^ " 
 
 s 
 
 fa 
 a 
 
 oooooo-SSSifS 
 
 ^oooflooomoogooo^ooooo 
 
 § g 
 
 
 J3 
 
 El 
 
 
 ^ 
 
838 
 
 INDEX. 
 
 I 
 
 li 
 
 1 00 Win 00^ 
 
 I TP U5 iC U3«0 
 
 SOQOi-lCOOtOOi^OlvCCO 
 lCTtDCOr-('«1<QOOt*OOCOO 
 
 s 
 
 too 
 
 as 
 
 
 a* 
 
 •c 
 
 CO 
 
 S a 
 
 a 
 M a 
 
 • d •05^0»— '04 'CO tO 
 
 . ■« I t» 1-- in CO O . rH I TP 
 
 « < tjj 1 CO rr If: ;o b- « Oi '-^ 
 
 .cocoi-<i>inwcMOJincoiC(M 
 
 gWWCOCO-^irSCDODOOQOtMTP 
 
 lOQDQD to 
 
 • COCOi-tTji 
 ' O OT -^ CO 
 
 ' CT OS CO CO 
 
 . i> i-lOO I — cc 
 
 t O: O --I I CO ^ 
 • ^ 0s Cl » CO CO 
 
 0^ 
 
 o 
 
 ^ 
 
 ^_ ^035 
 
 
 ^ 09 
 
 OS 
 
 1^ 
 
 go) 
 o o 
 
 OM o o-g gag: g 
 
 13 
 
 
 a, 
 o 
 
 •a 
 
 
 13 
 
 •a 
 a 
 
 I 
 
 2 o - 
 
 ^ 
 
 
 T 
 
 a. 
 
 "5- 
 
 OOOOOOO..Ha 
 
 q-fiPOBOfi go 
 
 Loooooooooofaoo 
 
 =1 ^ ji 
 
INDEX. 
 
 839 
 
 T-i CO CO 
 
 eo(o- -_ 
 
 OO ■■-I 
 
 in ■ CO i> 00 I osoi 
 5! iiNeioj •ojiN 
 
 
 o lA lA in 
 
 05 00 115 0» 
 
 : isSS 
 
 1 ■* : I I 
 
 00 in 
 
 .1(5 . 
 
 
 
 .^ . 
 
 
 
 iA:d 
 
 ■ to . 
 
 ^ tA in • G2 o 
 QOQOOO 'Q0O5 
 
 ••m-CO QO:OC40MCOMlC\i5CO^Ot*(N-HCDQOrt'C50'^0'^C?i?DC050C001'<#C*--OSU:iC*t>OTCOaO 
 
 Daoifflcoeoioi>ococ><iooDOc*«MiocDt»oooint*oDaooioior-iTS<iccDi>o-<jinooioioin 
 
 f01»H THr^rtC4C4©l««■^■<S^T^■^■<1'■^-«1^Tt^lnln^OlnlnlOlaW5OCO^•^*i>0000CX)CO0DOSCiO5 
 
 §3^ 
 
 /« S3 a 01 k^ 
 
 
 • • • o 
 
 J^ ^ • en 
 
 £ .3 ■ -g 
 
 4 so 
 
 -US a 
 
 
 
 bl-a 
 
 P3 O S CO 
 
 3pq 
 
 (-1 hn 
 
 a.fciz! 
 
 S3 . 
 
 l-sOl-5 
 
 plllllif^wtii 
 
 S t3 " '^ "^ QO C 
 
 ts3 cl 
 ja CD s 
 
 ee*^ to ea CO 
 
 s 
 
 ■ • s 
 
 C8 »'« 
 
 .S-3 I- 
 
 ■ .0-1 
 a> W M CO 
 
 "3 a a § 
 
 ifl O O c8 
 
 O w 
 
 s 
 
 I tuD 
 
 a; 
 o 
 
 
 "■'t>0 '««^,.^^^^^/^(4r>0000000000000000000000000 
 
 CI 5 
 C502 
 
840 
 
 INDEX. 
 
 •G 
 
 
 I Ci CO 
 
 .QOOutitO ® 
 
 I" 
 
 O 00 ■ -^ CS i-H i-H CO CD i> o -^ 
 COX! • CO CO lO i> 00 OS K5 CD CO 
 ** »f3 I -^ -^ -qi -^ ■^ ^ C© CO CD 
 
 S a 
 
 CO c» 
 
 CO CO 
 
 — , CO CD ift (?> 
 Ol CIO t-HOT 
 CO Tf 00 00 00 
 
 C3 . 
 
 So 
 M a 
 
 «0 i-li-itHr-li-ii-i?-Hr-lr-tT-*r— r-4i-t 
 
 t>iCi . 0> 04 ■* Tt l^ Cs U5 0» C4 
 
 r^ CO ■ lO ^Oa ^ t^ O O rH G* 
 
 CO ^ ' o5 G* M CO CO -^ oooo ao 
 
 .3 
 'S 
 
 o 
 
 o 
 
 5!1 
 
 "t3 
 
 ^1 
 fig 
 
 n 
 
 1^ 
 
 o^ a 
 
 
 S 
 
 ra ft* © <3 
 
 ^^Hi^ 
 
 ^5 
 
 1^ 
 
 ;J4 
 
 Kg 
 
 §1 
 
 
 goa 
 
 ; u> 
 
 1^=1^ 
 
 11^ a S"!"' 
 
 >-< ri ^ k^ Sh S )H 
 
 o'o 
 
 
 p. 
 
 -21 
 
 is- 
 
 So 
 
 «4-( h 
 
 o 
 
 a V 
 
 s s 
 
 " a 
 
 300000OOO000OQ30 
 
 5fiOOfififiOPnQP53|Q 
 
 r-< H CO O 
 
 IP-g^^ppppppp 
 
 <D s o 
 
INDEX. 
 
 841 
 
 • CO .00 ^ 
 
 • 2; .QO»A 
 
 .OtJ< .^.O iOOOQO 
 • cot- ■OIC* • CDiHOi 
 
 _ _ * 01 C4 M 
 
 I -^ I 1 1— I I (— I I— I—I i—l 
 
 CDb-Oi'MOOD-^COirtiniJNrHOCO 
 
 c*coascDQOr-it^xaioi(M^i5£-o 
 
 1-1 '-( 01 !M CO CC CO i-H 1-1 T-t ^-1 T-1 T-H 
 
 . •<* lOOM 
 ■ t> ,•0001 
 • (M 'COM 
 
 ID 
 
 I oco 
 • coi> 
 
 CO lO" I O O 00 
 
 TT .-< ■ C0<M01 - . » 
 
 CTCO "«*CD CO ■• '^ 
 
 I Ito 1 
 
 ,0) i 
 
 
 . i> 1 
 
 
 
 . . I-l • 
 
 
 WCMOOJ 
 tMCO Tf -.St 
 CO CO CO CO 
 
 J>Q0Ol>.(MrfQ0C01>Q0C0J>inas 
 
 00WCOr*iOJ> • CO CD -^O TP IC CD b- M in t* O 05 OS 4D to 
 
 1-1 m 00 to 1-* CO I to to .-I Clio 00 10 00 00 t* 03 rH 04 CO 3^ 
 tHC^OI t Tf -^ to 00 O O 1-1 1-1 1-1 04 C* CO CO CO CO 
 
 
 
 9 ; !» 
 
 * a S 
 
 I . ^ "^ 
 
 id g 
 
 I Sot 
 
 >:; a CS 
 
 
 OS 
 
 om:_ 
 
 o .03 
 
 So 
 
 'o *^ *- 
 
 « m 
 
 9 ts-S S 
 
 " S i 1 
 
 o « o a 
 
 
 §1 ?■- 
 ^.« g«a 
 
 -d a o „ 
 
 ^ <£ (U e3 
 
 ■ &i 
 
 a_2 a ■ 
 
 " i-s O -«1 1^ 
 
 -^i - 
 
 gWg 
 
 .s.s s 
 6^ 
 
 a 
 
 ta o a 
 
 ^ 
 
 
 a o 
 bo 
 
 
 P. 
 a 
 
 o 
 
 O 
 
 H 
 
 O 
 
 at 
 
 
 o o o £ o o-d a 00 00 o^ 
 
 fi«fi|RPg|OPflflOg= 
 
 ph '"'a fS 
 
 .§ .S§ 2 
 
 fnOOOOOOOOOOOOO<DOOOOOOO 
 
 &pqfippQflofifipfiPfl.?QflnfiafiP 
 
 
842 
 
 INDEX. 
 
 o .s 
 
 iOOOCO 
 'CM(MCO 
 
 
 ^.9 
 
 
 TfOi£iO(?»C?lw]>OMC0 
 
 
 ■ (MOJO 
 
 
 
 9-5^ 
 
 
 '^l>M«'<*OOi-lCOCOCOOi-( 
 
 
 
 5 
 a 
 
 1^ 
 "I 
 
 la 
 
 03 a 
 
 
 .2 3 
 MS 
 
 . O .(DO) 
 
 tmsp 
 
 ■9£ 
 
 X/1 
 
 CB .S .2 £ ^ 
 ii f^ <D q ea 
 
 a • 
 
 -.3-' i^S . !3 
 
 p-i S " s 
 
 s a 3 § 
 Me<im 
 
 
 I 
 
 ^ 
 
 .^Q 
 
 O O O O O O O Oi^ rt 
 
 QfiQOPQOQ „- 
 p 
 
 "s 2 
 
 8 Vi 
 
 •s. 
 
 a 
 
 ■■3 a 
 
 
 
 oooooieooo 
 RQOPQSQOP 
 .a 
 
INt)EX. 
 
 843 
 
 ■0* 
 
 ■ -0 11-hEjDOO 
 • co co i co v co 
 
 2egoi>goQowi>icts,toooo50iira 
 •«#if3cocob-ooosi-Ha>'-H-<*i>ajaioi> 
 
 i-li— irHi— It— I— ii— KMC^COCCCOCOCO^CO 
 
 lOi>(N-«tCO t •t-ii-lCO 
 TfTpOU3U3 • tCOCOCD 
 
 t» -CO < iCO 
 
 n* 'lO * "CO 
 
 oose*cD 
 o lo o^ m 
 
 coco Tf lO 
 
 (NM iQD ^CO 
 OOOS 'O CO iQ 
 
 ■ O t iH 
 
 no 
 
 :S 
 
 t^iHcooTj<t*coco— toi>mcoc*'*io 
 
 OCOiOQOr--TPCD'^OS»n04aOCOCDODCD 
 ■^■^'^Tj<0»OU5i©'X)0500i-ltHi-HCO 
 
 CJlCOQO O 
 Olr-lCO t* 
 
 a .H f^ BO TO '.rt 
 
 
 a . 
 
 I ^ 
 
 9 
 
 -'» £ 
 
 >- P , 
 
 o 
 m 
 
 ai o 
 
 1 
 
 P4 
 i 
 
 'O o:j> o 
 
 ^ 
 
 
 -a 
 p. 
 
 oooooooooooooooo. 
 
 pnoppfiOfiflfiPOfifiRP 
 
 •43 o 
 cap 
 
 •i 
 o 
 
 (S 
 
 ooooooooo 
 
 pppppppp-p 
 
 O O "S o 
 
 N ^ 
 
844 
 
 INDlEX. 
 
 •t3 
 
 
 a 
 
 O CO • > ' Ol CO 
 OlOt . . --COiH 
 
 Ol CO to t^ Tl< lO 
 
 00 c* moo o 
 
 'is 
 
 ieocNif5«ao(Mr>.ooos'-'u^»j'<#cocoi-Hicioo5 
 
 'COCOC4uOOJr-li-iTPiCt^OCDOS'«1*l>05COOsaO 
 'OJ«COCOCO-^T-ti-lrlF-lC4 0J«COmcO'-lT^CO 
 
 CO O Tjt CO CO Tf 
 OD (M -cf if3 O O 
 
 •^f in in CO CD 00 
 
 DQ 
 
 to ri 
 
 51 
 
 Tf OS ■ CO CO 
 . lO OT < CM O 
 W r-iCO ' i> 00 
 
 cot- .CO 
 
 Tj< CO ■ I-H 
 
 O r-l 'CO 
 
 coin ' ' ' -^oi 
 
 O O I I I TI< CO 
 
 CO 00 ' ' ' 1-1 CO 
 
 t 1 < I— I 
 
 OOQOCO 0» -* 
 
 oi t- ino b- t>. 
 
 co-*inco(Mc^ 
 
 
 O CO Tl< 
 
 .inooo 
 i3 i-H CO vn 
 
 «l>lO'-'QOOOCDini-'Tj<COaiQDCO-HOJ-(ii-i-^ 
 
 CO -^ O "^ O CO 
 
 t* t>. coo t* 1> 
 
 CO -^ in 00 ojfM 
 
 i-ir- ,1 r-l C* ©I 
 
 .s 
 
 a 
 o 
 
 o 
 
 8 
 
 cj !^ 
 
 3 CD t>»r 
 
 ^ o o ' 
 
 13 03 
 
 o 
 
 a s 
 
 Ehi-j 
 
 
 
 ^35 o"a" 
 
 i <»^5 <o fl rt jia 
 
 %t s> . . . 
 
 ff£ B iH ': t; 
 
 CQ 
 
 
 OOOOOOOOOOOOOOOOOOoOO 
 
 fiPPRPPP„PPOflnfiQPRO^Q« 
 
 ^ 
 H 
 
 •ippppp 
 
INDEX. 
 
 845 
 
 00 CO OM to 
 ■<3* -^ O lO lO 
 
 ■ fc.30 t^OsO 
 
 I OO-Oi O O tH 
 
 I lo in CO CO CO 
 
 OOMqiCS'^OOCO^OlTt'MCDOTl^OOCDOCOOlTfCl 
 
 3i2^i2S^522B'^o^^coai0 0i— vracoco!XJ»>QO 
 
 ^tJirfrfTP-Tf-^^lOiOirilClI^OCOCOCDCOCDCOCOCOCO 
 
 tHQO 
 
 • OS Oi irt 
 
 • tHtH « 
 
 Mf-i(MOSQD • Tf CO GQ 1> i-H iCO 
 
 lOTPl^iO .COCDOSOSO I i-( 
 
 O TT -^ rt< iQ I CO CD CD CO i> • OD 
 
 Oi 1—1 1—1 r- 1—1 1 1— irH r-1 r-( •-« ■ ^i 
 
 CO • t 
 
 . .(JJto • • 
 
 I 'Tfooo ! 
 
 . .MTf . . 
 
 
 . .coto ■ • 
 
 • ■ lo in t- ■ 
 
 lCCDOS«l>^CX>COTj<Oi>J>Tjf 
 OCDOT'<S'iOa)(MCOCOCDCDlOi-l 
 COLOCOCDi-iCSCOCOCOuOlOt*OS 
 
 so.© ^ >^<] 
 
 a to 
 
 
 
 SB ■ ■ 
 
 2 S„a d 
 
 £ « St-. S; p 2 p>2 
 
 CjaH 
 
 
 0)^ (^ 
 
 a t3 a 
 
 i3 <» 
 O 21-3 
 
 J a ^ 
 
 c3 O 
 
 •5= fcl- & 
 
 ^ U 
 
 © fj 
 
 
 
 ^ a 
 
 © e» H 
 
 |« 
 WW 
 
 aw 
 
 ? 
 
 ©-a W 
 
 fl CO . 
 
 laW 
 
 §2 
 
 s 
 
 g 
 
 *; 
 
 o 
 
 o3 
 
 O 
 
 a 
 
 
 
 
 
 R 
 
 
 s 
 
 
 i 
 
 ■ea 
 
 DO 
 
 .a 
 
 
 o 
 
 
 M 
 
 M 
 
 
 
 h 
 
 
 1 
 
 
 © 
 
 
 ^ 
 
 R) 
 
 
 
 
 
 
 
 
 a 
 
 1 
 
 
 ^ 
 
 g- O O O C © I 
 
 (§pnfloopoflfiflfififioPfiRfio 
 
 ,^0000,^0000000 
 
 ■SfiOOfiofifififiPQP 
 
 win 
 
846 
 
 INDEX, 
 
 IS 
 
 
 r-r CO, • ■ CO 
 
 to 'fl'.QO • . O CO 
 
 oipic* . .CO CO 
 
 M a 
 
 oao 
 
 .rHOO 
 WCOCO 
 
 a. 
 
 QOOlCOiipOJCDrHlCCOOiH(MCOt-COfHOCOU5 
 
 i>»>rico'^ictocc'ooosO"xocaocot-i>i> 
 
 F-r-l-^r-lr-(»-F-r-iOlOl(N«C0 CO' CO CO CO' 
 
 
 ■i 
 
 ca 
 
 § 
 
 
 mo 
 
 U 
 
 a 
 
 ran 
 
 ; :^K5 ; 
 
 !r}< 1 1 
 
 I lottos I 
 
 Il^-^l- I 
 
 
 
 
 
 
 
 < 'tDl>0O ■ 
 
 . i-l 1— 1 • 
 
 S3 . 
 3- 
 
 (OCO 
 .lOCO 
 
 cocoeoi- . ._, . 
 
 OOOOCTiCDOCOCOt^COlCOOG^^ — . .— .-^w. ^ 
 i-lT-lC4CO'V^'^^iAif3iacOJ>aDOiasOOr-i 
 
 o 
 
 S>1 
 
 ^ 
 
 1-sPh 
 
 £ ? n 
 
 CO I" TO S3!— 
 
 -^•^ few 
 
 ■3 ^ui 
 
 a o ^ 
 
 
 
 . 
 
 ■S-o 
 
 >, 
 
 ia^ 
 
 g 
 
 S^ 
 
 bi 
 
 ;l^ 
 
 
 ^ 
 
 
 
 
 
 u 
 
 
 0^ 
 
 H « 
 
 
 
 PhI-sO 
 
 I, •■ s a-'' 
 
 1-5I-50<1E-I 
 
 ^ 
 
 .is i^ 
 
 S s 
 
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 a-a 
 
 I 
 
 s 
 
 a 
 
 ■sp 
 ■s 
 
 a. 
 
 I*. 
 
 .„o O O O w w 
 g=fiOPfifiQ 
 
 ^ 
 
 p. 
 
 
INDEX. 
 
 847 
 
 .^'^•^iaiaiaxafo^^ 
 
 OS WOICO 
 
 
 CO t^ 
 
 com 
 
 T-l 'O 
 
 CO .-'a' 
 
 CD woo 
 
 XftCDCO 
 O O O) 
 
 CQ i> • C* Oi CX) r-l 1-1 05 0» 00 CD (N 
 
 C0O5 • Oi 00 O -^ Oi irt CO O --H C4 
 i-lr-( ■ CM CO -^f TP Tft kO CO 00 00 OO 
 
 iO CO CO 00 ' 
 OOO '<3« t* 
 
 TJ» rPCDOD 
 
 i>coasmcDOOi>aicor-ic>i 
 
 00T-IGQ^CDt*'*iCCOCOm 
 
 t^QOJ>if3000^»>050COCNrHO 
 
 oiicooi>oa(>*coc*cooiH(Mu:> 
 
 r-lO^WCOCO-^TPlDCDOOOOOOOO 
 
 coco 
 i>.oo 
 
 00 kO 
 
 
 bo ■ 
 
 a • 
 "5 ! 
 
 OS n H 
 
 'Bis 
 
 
 /ij 
 
 lO^ 
 
 ops 
 
 ■-3 J 
 
 o s 
 
 s 
 
 bcm 
 
 
 
 
 773 -*a 
 
 1^^ 
 
 
 ' O 03 CJ pJd ' "tS -W ' — I 
 
 CQpfH 
 
 OQ DO • OQ O 3 
 
 3 3 n g I; ffl 
 
 g S .3 S so 
 
 
 O 
 
 s 
 o 
 
 o 
 
 l« 
 
 8 
 
 "3 60 
 
 isppflfipflp 
 a^ 
 
 it' 
 
 
 O.iS 
 
 
 >^ 
 
 ^§ 
 
 4 
 
 to a 
 
 too 
 
 ■3 ^ g 
 
 - lis 
 
 0) 
 
 ■3? 
 
 
 ^ I 
 
 
 2 !^ 
 
 — - P o 
 
 fi 09 ,09 <D 
 
 ,ffl o^ to 
 
 *tt d _5 o 
 
 O 09 f] O 
 
 <tt 
 
 ?oooooooo o o o 
 
 3 'O nj "^ 'O ''3 "^ n3 'O 'O 'o ^ 
 
 >< O 
 
 O 03 
 
 •a 
 p. 
 
 s 
 
 it 
 
 P.S' 
 
 ^ 
 
 •jf OS 
 
 
 
 h la 
 W 
 
 3 
 
 s 
 
 SSoooooooooooo 
 ||.PPPPPPPPPPRP 
 
 s o 
 
 C rt IE eS 
 
 ».S boa 
 
 "3 -t^ ^^ 3 
 
 © fg o 2 
 
 J- « a3r3 
 
 o'So'So 
 
 ^O 'O "is 'O "T? 
 © 03 qj « a) 
 ;h ;h & (H ;h 
 
ALPHABETICAL INDEX OP WITNESSES. 
 
 Witness. 
 
 Manuscript. 
 
 Printed. 
 
 Adler, Joseph , 
 
 Alcoke, Thomas C , 
 
 Alden, J. Ererett , 
 
 Allen, Nazareth , 
 
 Andrews, Samuel J. M . 
 
 Archuff, Joseph K 
 
 Armstrong, James W". , 
 
 Balser, Dr. William 
 
 Bardo, Vincenzio 
 
 Barrows, Dr. A. V 
 
 Bates, Dr. John C 
 
 Do 
 
 Belcher, O. S 
 
 Blair, A. G 
 
 Boate, Edward Wellington . 
 
 Bogle, Major Archibald 
 
 Bull, William 
 
 Burns, James H 
 
 Bussinger, Daniel W 
 
 Bradley, Patrick 
 
 Brown, Samuel D 
 
 Brown, Jacob D 
 
 Brunner, Gottfeld 
 
 Cain, John A 
 
 Case, John W...! 
 
 Cashmy er, Philip 
 
 Castlen, Dr. F.G 
 
 Chandler, Colonel D. T 
 
 Clancey, James 
 
 Clark, Benjamin F 
 
 Clark, J. Nelson 
 
 Conway, George 
 
 Corbett, Boston 
 
 Corrigan, Bernard 
 
 Crandall, W. W 
 
 Do 
 
 Crouse, William 
 
 Culver, Jasper 
 
 Davenport, W. T 
 
 Davidson, James H 
 
 De La Baume, Felix 
 
 Dillard, William 
 
 Dilley, Benjamin F 
 
 Duncan, Rev. E. B 
 
 Dyer, Lewis 
 
 Dykes, Benjamin B 
 
 Fairbanks, Oliver B 
 
 Fannin, Colonel James H.. . 
 
 Fechtner, George W 
 
 Fisher, John, (colored) 
 
 Flewellen, Dr. E. A 
 
 Ford, Dr CM 
 
 Francis, William B 
 
 French, Captain Wilson 
 
 French, Major S. B 
 
 Page. 
 
 526 
 
 J50 
 1124 
 
 305 
 1138 
 
 466 
 1810 
 
 414 
 
 76 
 27 
 
 361 
 
 1020 
 
 971 
 976 
 984 
 487 
 848 
 181 
 185 
 588 
 
 1145 
 603 
 
 1221 
 276 
 715 
 419 
 264 
 434 
 965 
 159 
 596 
 778 
 
 1078 
 642 
 911 
 937 
 380 
 857 
 327 
 
 1181 
 
 1088 
 425 
 404 
 
 852 
 1223 
 
 1141 
 1121 
 
 Pase, 
 
 1333 
 
 1447 
 
 1817 
 2273 
 
 1882 
 
 1294 
 
 1197 
 
 1846 
 1699 
 
 1247 
 1561 
 
 1346 
 
 2270 
 
 Pa^e, 
 181 
 66 
 384 
 117 
 390- 
 163 
 
 151 
 
 43 
 27 
 
 135 
 343 
 
 326 
 328 
 331 
 169 
 278 
 77 
 79 
 200- 
 393 
 205 
 421 
 108 
 239 
 152 
 104 
 157 
 323 
 69 
 202 
 256 
 367 
 217 
 301 
 311 
 140 
 282 
 124 
 
 408 
 371 
 154 
 148 
 
 279 
 422 
 
 1796 
 
 391 
 383 
 
INDEX. 
 Alphabetical index of witnesses — Continued. 
 
 849 
 
 Witness. 
 
 Gibbs, Colonel George C 
 
 Gilmore, Captain Samuel 
 
 Gleich, Augustus 
 
 Goldsmith, John H 
 
 Gray, George "W 
 
 Griffin, J. E ^ 
 
 Griffin, W. A 
 
 Guscetti, Frederick 
 
 Hall, Samuel 
 
 Hall, Thomas 
 
 Halley, P. "Vincent 
 
 Hamilton, Rev. William John 
 
 Hammack, W. D 
 
 Harris. Martin S 
 
 Harrold, U. B 
 
 Head, Dr. B.J ,...., 
 
 Heath, JohnF '. 
 
 Henman. Ambrose , 
 
 Hille, Frederick W 
 
 •Hogan, Martin E 
 
 Honeycutt, Calvin 
 
 Hopkins, Dr. G. S 
 
 Hosmer, Major A. A 
 
 Home, Thomas H 
 
 Hunt, Samuel P 
 
 Jennings, William Henry 
 
 Jones, J. B 
 
 Jones, Dr. Joseph 
 
 Kean, R. T. H 
 
 Kellogg, Robert K 
 
 Kellogg, Edward S 
 
 Kellogg, Abner A 
 
 Kennell, Alexander 
 
 Keyser, Joseph D 
 
 Lull, Henry C 
 
 Maddox, Frank ■ 
 
 Manoni, Antonio ■ 
 
 Marshall, James E 
 
 Marsh, Dr. M. M ■ 
 
 Merton, Robert 
 
 Moesner, Augustus ■ 
 
 Mohan, James • 
 
 Moore, Captain James M 
 
 Mundy, Eufus 
 
 Noyes, Henry E ■ 
 
 Do-. 
 
 O'Hare, Bernard 
 
 Orcott, D. S 
 
 Pasgue, John 
 
 Parsons, Alexander W 
 
 Pond, L. S 
 
 Proctor, Major George L ■ 
 
 Peebles, William M 
 
 Eawson, Miss Mary 
 
 Kice, Dr.G. L. B 
 
 Richardson, Edward 
 
 H. Es. Doc. 23 54 
 
 Manuscript. 
 
 Page. 
 
 n 
 
 1771 
 
 900 
 1156 
 1123 
 
 981 
 
 352 
 
 405 
 451 
 
 870 
 
 1112 
 
 1065 
 
 317 
 
 1093 
 
 1873 
 
 210 
 
 335 
 
 1103 
 
 404 
 
 591 
 
 544 
 1218 
 1721 
 931 
 134 
 460 
 580 
 566 
 233 
 854 
 508 
 
 764 
 
 1211 
 
 501 
 
 344 
 945 
 
 577 
 
 4 
 
 5 
 
 1030 
 
 969 
 
 757 
 
 248 
 
 573 
 
 770 
 
 1116 
 
 607 
 
 Page. 
 1629' 
 
 1450 
 1394 
 
 1232 
 1409 
 1635 
 
 1287 
 
 1792 
 
 1494 
 
 1512 
 
 1303 
 1834' 
 
 1695 
 
 'i697' 
 
 Printed. 
 
 Ph 
 
 Page. 
 
 20 
 
 642 
 
 298 
 397 
 384 
 330 
 
 132 
 
 148 
 159 
 
 287 
 
 379 
 362 
 121 
 372 
 683 
 
 86 
 127 
 376 
 148 
 201 
 703 
 187 
 419 
 618 
 309 
 
 61 
 161 
 198 
 193 
 
 93 
 280 
 176 
 
 2.52 
 416 
 174 
 
 130 
 
 314 
 
 197 
 
 18 
 
 18 
 
 347 
 
 325 
 
 250 
 
 99 
 
 195 
 
 254 
 
 381 
 206 
 
850 
 
 INDEX. 
 
 Alphabetical index of witnesses — Continued. 
 
 Witness. 
 
 Manuscript. 
 
 Riker, Samuel M 
 
 Robinson, Marli D 
 
 Roth, Frederick 
 
 iRoy, Dr. G. G 
 
 PJuffin, Lieutenant Colonel F. G- 
 
 llussell, Charles H 
 
 Bcott, William Willis 
 
 Selph, CM 
 
 Do 
 
 Do 
 
 Smith, Sidney 
 
 ^mith, Sidney B 
 
 ^mith, Charles E , 
 
 ^nee, Hugh R 
 
 5$pencer, Ambrose 
 
 'Spring, Andrew J 
 
 Stearns, D. H 
 
 Stone, James P 
 
 Tate, Robert 
 
 Terrell, Horatio B , 
 
 Thornburg, Dr. Amos 
 
 Thuringer, Joseph , 
 
 Tibbies, Charles E 
 
 Tracy, Prescott 
 
 Tiyon, F. M 
 
 Van Buren, Willis i. 
 
 Vandcrkieft, Dr. B. A 
 
 Van Valkenburg, James 
 
 Walker, John Burns -k 
 
 Walsh, Thomas 
 
 Way, Thomas N 
 
 Welling, George 
 
 Whelan, Rev. Peter 
 
 Williams, Charles T 
 
 Wilson, Major General J. H 
 
 Wright, Captain J. H 
 
 Do 
 
 Do 
 
 Younker, John L 
 
 Page. 
 
 1080 
 
 1 
 
 192 
 
 1025 
 
 570 
 
 649 
 
 707 
 
 1920 
 
 583 
 
 1045 
 
 1085 
 
 1041 
 
 1049 
 
 281 
 
 558 
 
 956 
 
 1133 
 
 494 
 
 987 
 
 627 
 
 1001 
 
 799 
 
 207 
 
 269 
 
 1032 
 
 1095 
 
 549 
 
 844 
 
 1232 
 
 615 
 
 820 
 
 401 
 
 703 
 
 1176 
 
 947 
 
 Printed. 
 
 Page. 
 
 ]6«4 
 1803 
 1779 
 1075 
 
 1707 
 
 1495 
 
 1367 
 
 Page. 
 
 368 
 
 17 
 
 "si' 
 
 345 
 194 
 219 
 237 
 702 
 199 
 354 
 369 
 352 
 355 
 109 
 191 
 319 
 388 
 171 
 332 
 
 '294' 
 212 
 337 
 262 
 85 
 106 
 348 
 373 
 188 
 276 
 426 
 208 
 269 
 147 
 233 
 405 
 315 
 
 Patre. 
 
 604 
 656 
 646 
 
 613 
 
 529 
 
 478 
 
: