War of the Rebellion: Serial 121 Page 0778 PRISONERS OF WAR AND STATE, ETC.

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regiment, went out of the stockade in carge 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 revolver and shot Stewart, the ball taking effect in his breast and killing him instantly, and that the guard then took from his body some $20 or $30, which Wirz received and rode away.

Further evidence in regard to Wirz's killing certain prisoners was presented, but the dates given by the witnesses show the murders to have been others than those alleged in the specifications. They will be referred to as illustrating the character of the prisoner and estblishing 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 question, wherupon Wirz turned and shot him, and he died.

Thomas C. Alcoke states that one day (witness seems to have no knowledge or recollection of dates) Wirz came into the stockade, and a man asked him permission to go out and get some fresh air; that Wirz asked him what he meant, and that after a few more words had passed between them Wirz wheeled around, pulled out a revolver,and shot him down, the ball taking effect in his breast and death occurring about three hours afterward. It also appears by this witness that when the remostrated Wirz told him that 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 eighteen miles a day would be shot; that notwithstanding 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 short 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 be that of Captain Wirz wanted to know why they were there; that they replied they wished to get out of prison, wherupon the man said: "I'll keep you out, God damn you." Witness then heard six pistols 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 defense under this second charge will now be considered. An attempt was made to prove that during the whole of August and parts of July and September the prisoner was sick and confined to his bed, and could not have committed the crimes charged to him in those months. In his statement to the court, however, he made 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 when the crimes recorded in the finding were committed, corroborated as those statements were by official papers bearing his