War of the Rebellion: Serial 121 Page 0786 PRISONERS OF WAR AND STATE,ETC.

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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,a nd thereby gretly increased the unwholesomeness of the prison,insomuch that great nubmers of said prisenrs, to wit, the number of 1,000, whose names are unknown, sickened and did by reason therof. 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 willfully subject the prisoenrs aforesaid to cruel, unusual, and infamous punishment upon slight, trivial,a nd fictitious pretenses, by fastening large balls of iron to their feet,ad binding large nubmers of the prisenrs aforeasid closely together with large chains around tehir necks and feet, so theat they walked with the greatest difficulty- and, being so cnfined, were subejected to the burning rays of the rsun, often without food or drink for hours, and even days- from which said eruel tetmetn large numbers, to wit, the number of 100, whose rnames are unknown, sickened, fainted,a nd died. And he, the said Wirz, did furthe cruelly treat and injure said prisoners by makiciously 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, sickened and died. And he, the said Wirz, still wickedly pursuing his evil purpose, did establish and causd to be designated within the priosn inclosure containing said prisoenrs, a "dead- line," being a line around the inner face of the stockade or wall inclosing said prison,and about twenty feet distant from and within said stockade;a nd having so established said dead- line, which was in mny place an imaginaryline,a nd in many other places marked by insecure and shifting strips of boardx nailed upon the top of small and insecure stakes or posts, he, the said Wirz,insturcted th prisn gaurd stationed around the top of said stockade to fire upon and kill anuy of the prisoenrs aforesaid wheo might touch, fall upon, pass over or under or across the said "ded- line." Pursuant to which said orders and instructions, maliciously andneedlessly given by said Wirz, ahte said prison guard did fire uponand kill a large nubmer of said prisoenrs, to wit, the number of about 300. And the said Wirz, still pursuing his evil purpose, did keep and use ferocious and bloodthirsty beasts, dangerous to human life, called bloodhounds, to hunt down prisoners of war aforesaid who made thier escape from his custody,a nd did then and there willfully and maliciously suffer, incite,a d encourage the said beasts to seize, tear, mangle,andmaim the bodies and limbs of said fugitive prisenrs 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 their escape and were recaptured,and were,by the said beasts then and there did, wherey a large nubmer of said prisoners of war, who, during the time saforesaid, made their 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 wicked purpose, and still aiding in carrying out said conspiracy, did use and cause to be used, for the pretended purposes of vaccination, impure and poisonous vaccine matter, whcih said impure and poisonous matter was then and there, byt he direction and order of said Wirz,malicliously, cruelly,and wickedly deposited in the arms of many of said priosoenrs, by reason of which large numbers of the, to wit, 100, lost the use of their arms, and many of them, to wit, about the number of 200, were so injured that they soon therafter died. All of whih he, the said Henry Wirz, well knew and maliciously intended,and in aid of the tenn existing rebellion agaisntg the United States, with the view to assist inweakening and impairing the armies of the United States, and in furtherance of the said conspiracy and with the armies of the United States, with the view to assist in weakening and impairing the full knowledge,consent, and connivance of his co- conspirators aforeasaid, he, the said Wirz, then and there did.

CHARGE 2: 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 8th day of July, A. D. 1864, then and there being commandant of a prisontere located, byt he authority of the said so- called COnfederate States, fort he confinement of prisoners of war takena nd held as such fromt he armies of the United States of America, while acting as said commandant, feloniously, willfully, 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, whichsaid pistol the said Henry Wirz in his hand then and there had and held to,agaisnt, and upon a soldier belonging to the Army of the United States, in his, the said Henry Wirz's, custody,a s a prisoner of war, whose name is unknown, thenand there feloniously,a dn of his malice afore- thought, 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 therafter, to wit, on the 9th day of July, A. D. 1864, died.