War of the Rebellion: Serial 121 Page 0774 PRISONERS OF WAR AND STATE,ETC.

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six of our men to go North for that purpose in order to see the President and the Secretary of War; and when all hopes for exchange were gone he told Judge Hall,, one of the witnesses for the prosecution, that he (Wirz) would wish all the prisoenrs paroled and set at large, instead of letting them die in the stackade. All that and many other facts prove that Captain Wirz did certainly not conspier to kill the prisoners.

Thirteen cases of acts of personal cruelty and murder alleged by the prosecution to have been committed by Captain Wirz are located in the month of August, 1864. About sixty witnesses (thirty- four for the defense and over twenty for the prosecution) have positively sworn that Captain Wirz was not at Andersonville and Lieutenatn Davis in command of the prison during that time. not a single one has contradicted that statement. That proves sufficiently how much stress is to be laid upon such testimony. Some ten to twelve on both sides swear that he was sick in th latter half of July and thmost part of September; that he was fetched in an ambulance from his residence to his office, and was unable to ride onhorseback, &c. And almost all the alleged cruelties and murders are said to have been commiteted in july, August, and September, 1864.

Among the 35,000 prisoners were many bount- jumpers and badcharacters. Some six of them were hung by their own comrades. If I have the Government's patronage, and perhaps the prosepect of an office or two (as actually ahs been the case with some of the wintesses for the prosecution in the Wirz trial), ad acn also give a promise of safe conduct and perhaps a reward, I do not doutbt in the least that among those 500 raiders at Andersonville (as they are styled in the testimony) I shall within foru weeks find enough testimony to try, condmen, and hang every member of the Wirz military commission on any cahrge whatever, provided it is done before such amilitary commission. Your Excellency knows me. it is unnecessary to stte that nothing but a feeling of humanity urges me to ask you for clemency. no remuneration, but labor and vituperation have been the reward of the counsel in this case. God knows that I would not ask you to do naything which was not right. And therfore let themiserable, crippled, half- dying man, at the worst a tool in the hnds of superiors, a subaltern officer who had to obey orders, live out the few remaining days of his life, and do not let our hands be tainted with the blood of thsi miserable and unfrtunate being. i know you will believe me if I, with all my heart, declare that he does not deserve taht fate. Spare the cripple! Be merciful!

Yours in haste and with all the old attachment and respect,


BALTIMORE, October 27, 1865.

His Excellency ANDREW JOHNSON,

President of the United States of America:

DEAR SIR: Excuse the liberty I take in addressing the following short petition to Your Excellency:

AMong the number of those now in confinement for having participated in the late rebellionis Burton N. Harrison, of Mississipi, private secretary to jefferson Davis. mr. Harrison occupied the position of assistant professor in the University of Mississippi when that State seceded,a d, as would have been the case with most young men, felt highly flattered at the, to him, honorable position which was